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written notice that said Premises have been or will be so taken. In the event of such termination,both Landlord and Tenant shall be
<br /> released from any liability or obligation under this Lease arising after the date of termination,except as otherwise provided for in this
<br /> Lease.
<br /> (c)Landlord and Tenant,immediately after learning of any taking,shall give notice thereof to each other.
<br /> (d)If this Lease is not terminated on account of a taking as provided herein above,then Tenant shall continue to occupy that
<br /> portion of the Premises not taken and the parties shall proceed as follows: (i) at Landlord's cost and expense and as soon as
<br /> reasonably possible,Landlord shall restore for shall cause to be restored)the Premises remaining to a complete unit of like quality and
<br /> character as existed prior to such appropriation or taking,and(ii)the annual rent provided for in paragraph 3 and other sums due under
<br /> the Lease shall be reduced on an equitable basis,taking into account the relative values of the portion taken as compared to the portion
<br /> remaining. Tenant waives any statutory rights of termination that may arise because of any partial taking of the Premises.
<br /> (e)Landlord shall be entitled to the entire condemnation award for any taking of the Premises or any part thereof. Tenant's
<br /> right to receive any amounts separately awarded to Tenant directly from the condemning authority for the taking of its merchandise,
<br /> personal property,relocation expenses and/or interests in other than the real property taken shall not be affected in any manner by the
<br /> provisions of this paragraph 17,provided Tenant's award does not reduce or affect Landlord's award and provided further, Tenant
<br /> shall have no claim for the loss of its leasehold estate.
<br /> ASSIGNMENT AND SUBLETTING
<br /> IS. Tenant shall not assign this Lease or any interest hereunder or sublet the Premises or any part thereof, or permit the use of the
<br /> Premises by any party other than the Tenant, without Landlord's prior written consent, which consent shall not be unreasonably
<br /> withheld,conditioned or delayed. Tenant shall pay to Landlord,concurrently with any request for consent to assignment or sublet,a
<br /> non-refundable fee of$NIA as payment to Landlord for its review and processing of the request. In addition,Tenant
<br /> shall pay to Landlord any legal fees and expenses incurred by Landlord in connection with the proposed assignment or sublet,to the
<br /> extent such amounts exceed$1,000.00 . Consent to any assignment or sublease shall not impair this provision and all
<br /> later assignments or subleases shall be made likewise only on the prior written consent of Landlord. No sublease or assignment by
<br /> Tenant shall relieve Tenant of any liability hereunder.
<br /> EVENTS OF DEFAULT
<br /> 19. The happening of any one or more of the following events (hereinafter any one of which may be referred to as an "Event of
<br /> Default)during the term of this Lca se,or any renewal or extension thereof, shall constitute a breach of this Lease on the part of the
<br /> Tenant: (a)Tenant fails to pay when due the rental or any other monetary obligation as provided for herein; (b)Tenant abandons or
<br /> vacates the Premises; (c) Tenant fails to comply with or abide by and perform any non-monetary obligation imposed upon Tenant
<br /> under this Lease within thirty (30) days after written notice of such breach; (d) Tenant is adjudicated bankrupt; (e) A permanent
<br /> receiver is appointed for Tenant's property and such receiver is not removed within sixty(60)days after written notice from Landlord
<br /> to Tenant to obtain such removal; (f) Tenant, either voluntarily or involuntarily, takes advantage of any debt or relief proceedings
<br /> under any present or future law,whereby the rent or any part thereof is,or is proposed to be,reduced or payment thereof deferred and
<br /> such proceeding is not dismissed within sixty(60)days of the filing thereof;(g)Tenant makes an assignment for benefit of creditors;
<br /> or(h)Tenant's effects are levied upon or attached under process against Tenant, which is not satisfied or dissolved within thirty(30)
<br /> days after written notice from Landlord to Tenant to obtain satisfaction thereof.
<br /> REMEDIES UPON DEFAULT
<br /> 20. Upon the occurrence of Event of Default, Landlord may pursue any one or more of the following remedies separately or
<br /> concurrently, without prejudice to any other remedy herein provided or provided by law: (a)Landlord may terminate this Lease by
<br /> giving written notice to Tenant and upon such termination shall be entitled to recover from Tenant damages as may be permitted under
<br /> applicable law; or (b) Landlord may terminate this Lease by giving written notice to Tenant and, upon such termination, shall be
<br /> entitled to recover from the Tenant damages in an amount equal to all rental which is due and all rental which would otherwise have
<br /> become due throughout the remaining term of this Lease, or any renewal or extension thereof (as if this Lease had not been
<br /> terminated); or(c)Landlord,as Tenant's agent,without terminating this Lease, may enter upon and rent the Premises,in whole or in
<br /> part, at the best price obtainable by reasonable effort, without advertisement and by private negotiations and for any term Landlord
<br /> deems proper,with Tenant being liable to Landlord for the deficiency,if any,between Tenant's rent hereunder and the price obtained
<br /> by Landlord on reletting,provided however,that Landlord shall not be considered to be under any duty by reason of this provision to
<br /> take any action to mitigate damages by reason of Tenant's default and expressly shall have no duty to mitigate Tenant's damages. No
<br /> termination of this Lease prior to the normal ending thereof,by lapse of time or otherwise,shall affect Landlord's right to collect rent
<br /> for the period prior to termination thereof.Tenant acknowledges and understands that Landlord's acceptance of partial rental will not
<br /> waive Tenant's breach of this Lease or limit Landlord's rights against Tenant hereunder or Landlord's right to evict Tenant through a
<br /> summary ejectment proceeding,whether filed before or after Landlord's acceptance of any such partial rental.
<br /> Page 8 of
<br /> STANDARD FORM 592-T
<br /> Revised 7/2019
<br /> Tenant Initials Landlord Initials ©712019
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