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condition. Any such trade fixtures not removed at or prior to such termination shall be and become
<br /> the property of Landlord . Lighting fixtures and heating, ventilating and air conditioning equipment,
<br /> whether or not installed by Tenant, shall not be removable at the expiration or earlier termination of
<br /> this Lease Agreement, or at the expiration of any renewal or extension thereof, and shall become the
<br /> property of Landlord . Landlord agrees to subordinate its interest in the Tenant ' s equipment to
<br /> Tenant ' s lender, and Tenant will obtain from its lender such standard subordination documentation.
<br /> ASSIGNINGg MORTGAGING AND SUBLETTING
<br /> 22 . Tenant agrees not to assign, mortgage, pledge or encumber this Lease Agreement in whole
<br /> or in part, or sublet the whole or any part of the demised premises without first obtaining the written
<br /> consent of Landlord, such consent not to be unreasonably withheld . Tenant agrees that in the event
<br /> of any such assignment or subletting made with the written consent of Landlord as aforesaid, Tenant
<br /> will nevertheless remain primarily liable for the performance of all the terms , conditions and
<br /> covenants of this Lease Agreement . .
<br /> Landlord hereby consents to the assignment of the subletting of the demised premises of this
<br /> Lease Agreement to a wholly-owned subsidiary of Tenant, on condition that :
<br /> (a) Any such assignee or sub lessee shall agree with Landlord in writing, prior to any such
<br /> assignment or subletting, to be bound by and to perform all covenants , conditions and agreements of
<br /> this Lease Agreement applicable to Tenant .
<br /> (b) Tenant shall remain primarily liable for the observance and performance of all of the
<br /> covenants , conditions and agreements of this Lease Agreement .
<br /> (c) Notice of such assignment or subletting is given to Landlord no less than fifteen ( 15 ) days
<br /> prior thereto .
<br /> Thereafter, Landlord may exercise against any subtenant or assignee all the rights and
<br /> remedies herein provided upon default, but Tenant shall remain liable, jointly and severally, with any
<br /> assignee or subtenant for the performance of all of the covenants , conditions and agreements of this
<br /> Lease Agreement, including, but not being limited to , the payment to Landlord of all payments due
<br /> or to become due to Landlord under this Lease Agreement .
<br /> SUBORDINATION
<br /> 23 . (a) Tenant agrees to subordinate this Lease Agreement to any and all mortgages or deeds
<br /> of trust now or hereafter placed on the property of which the demised premises are a part, provided
<br /> in each such case the holder of any such mortgage or deed of trust shall agree in writing that this
<br /> Lease Agreement shall not be divested or in any way affected by foreclosure or other default
<br /> proceedings under said mortgage, deed of trust, or obligation secured thereby, so long as Tenant shall
<br /> not be in default under the terms of this Lease Agreement; and Tenant further agrees that this Lease
<br /> Agreement shall remain in full force and effect notwithstanding any such default proceedings under
<br /> said mortgage, deed of trust or obligation secured thereby.
<br /> (b) If Tenant is notified of Landlord ' s assignment of this Lease as security for a mortgage
<br /> loan and of the name and address of the older of such mortgage or deed of trust, Tenant shall not
<br /> terminate or cancel this Lease for any default on the part of Landlord without first :
<br /> ( 1 ) Giving notice of its intention to do so to the holder of such mortgage or deed of
<br /> trust, the notice to describe in reasonable detail the nature and extent of the default; and,
<br /> (2) Affording the holder of such mortgage or deed of trust a reasonable opportunity to
<br /> perform on behalf of Landlord its obligation under this Lease .
<br /> (c) Recognizing that both parties may find it necessary to establish to third parties , such as
<br /> accountants , banks , mortgagees or the like, the then current status of performance hereunder, either
<br /> party, on the written request of one to the other made from time to time, will promptly furnish a
<br /> written statement on the status of any matter pertaining to this Lease , including a copy of Tenant ' s
<br /> latest financial statement.
<br /> Without limiting the generality of the foregoing, Tenant specifically agrees , promptly upon
<br /> the commencement of the term hereof, to notify the Landlord in writing of the date of the
<br /> commencement of the terms and to acknowledge satisfaction of the requirements with respect to
<br /> construction and other matters by Landlord, save and except for such matters as Tenant may wish to
<br /> set forth specifically in said statement . At any time within ten ( 10) days after such request is made,
<br /> Tenant shall execute , acknowledge and deliver to Landlord a certificate evidencing :
<br /> ( 1 ) Whether this Lease is in full force and effect ;
<br /> (2) Whether this Lease has been amended in any way;
<br /> (3 ) Whether there are any existing defaults , defenses or of
<br /> knowledge hereunder to the
<br /> knowledge of Tenant and specifying the nature of such details , if any; and,
<br /> (4) The date to which rent has been paid .
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