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(3 ) Whether there are any existing defaults, defenses or off-sets hereunder to the knowledge of
<br /> Tenant and specifying the nature of such details, if any; and,
<br /> (4) The date to which rent has been paid.
<br /> REMEDIES CUMULATIVE
<br /> 21 . No remedy herein or other conferred upon or reserved to Landlord or Tenant shall be considered
<br /> exclusive of any other remedy, but the same shall be distinct, separate and cumulative and shall be in
<br /> addition to every other remedy given hereunder, or now or hereafter existing at law or in equity or by
<br /> statute ; and every power and remedy given by this Lease to Landlord or Tenant may be exercised from
<br /> time to time as often as occasion may arise, or as may be deemed expedient. No delay or omission of
<br /> Landlord or Tenant to exercise any right or power arising from any default on the part of the other hall
<br /> impair any such right or power, or shall be construed to be a waiver of any such default or any
<br /> acquiescence therein.
<br /> SURRENDER AND HOLDING OVER
<br /> 22 . Tenant, upon expiration or termination of this Lease Agreement, either by lapse of time or otherwise,
<br /> agrees peaceably to surrender to Landlord the Demised Premises in broom-clean condition and in good
<br /> repair as required by Article 11 hereof. In the event Tenant shall fail to surrender the Demised
<br /> Premises upon demand, Landlord, in addition to all other remedies available to it hereunder, shall have
<br /> the right to receive, as liquidated damages for all the time Tenant shall so retain possession of the
<br /> Demised Premises, or any part thereof, an amount equal to twice the rental rate specified 'in Article 6
<br /> (or Article 8 if after a renewal term) of this Lease Agreement, as applied to such period.
<br /> If Tenant remains in possession of the Demised Premises with Landlord' s consent but without a new
<br /> lease reduced to writing and duly executed, Tenant shall be deemed to be occupying the Demised
<br /> Premises as a tenant from monthAo-month only, but otherwise subject to all the covenants, conditions
<br /> and agreements of this Lease Agreement,
<br /> CONDEMNATION
<br /> 23 . (a) If more than twenty percent (20%) of the floor area of the Demised Premises is taken for any public
<br /> or quasi-public use under any governmental law, ordinance or regulation or by right of eminent
<br /> domain or by private purchase in lieu thereof, then either party hereto shall have the right to
<br /> terminate this Lease Agreement effective on the date physical possession is taken by the
<br /> condemning authority.
<br /> (b) If any portion of the Demised Premises is taken for any public or quasi-public use under any
<br /> governmental law, ordinance or regulation, or by right of eminent domain, or by private purchase in
<br /> lieu thereof, and this Lease Agreement shall not be terminated, the entire rental specified in Article
<br /> 6 (or Article 7 if during the renewal term) shall be reduced during the unexpired portion of this
<br /> Lease Agreement (or extension thereof) in proportion to the area taken, effective on the date
<br /> physical possession is taken by the condemning authority.
<br /> (c) If any part of the parking areas, driveways, and walkways taken for any public or quasi -public use
<br /> under any governmental law, ordinance or regulation, or by right of eminent domain, or by private
<br /> purchase in lieu thereof, this lease shall not terminate, nor shall the rent payable hereunder be
<br /> reduced, nor shall Tenant be entitled to any part of the award made for such taken; except that
<br /> either Landlord or Tenant may terminate this lease if the number of square feet of parking areas ,
<br /> driveways and walkways after such taking plus any additional parking area provided by Landlord in
<br /> reasonable proximity to the Demised Premises shall be less than seventy percent (70 %) of the
<br /> number of square feet in the parking areas, driveways and walkways before such taking.
<br /> (d) Any election to terminate this lease following condemnation shall be evidenced only by written
<br /> notice of termination delivered to the other party within thirty (30) days after the date on which
<br /> physical possession is taken by the condemning authority.
<br /> (e) If this lease is not terminated following a partial condemnation, Landlord shall make all necessary
<br /> repairs or alterations within the scope of Landlord' s original obligation to build necessary to make
<br /> the Demised Premises architecturally whole .
<br /> (f) All compensation awarded for any taking (or the proceeds of private sale in lieu thereof) whether
<br /> for the whole or a part of the Demised Premises, shall be the property of Landlord, whether such
<br /> award is compensation for damages to Landlord' s or Tenant ' s interest in any such award to
<br /> Landlord; provided, however, Landlord shall have no interest in any award made to Tenant for loss
<br /> of business or for the taking of Tenant' s fixtures and other property within the Demised Premises if
<br /> a separate award for such items is made to Tenant.
<br /> NOTICES
<br /> 24. Wherever in this Lease Agreement it shall be required or permitted that notice or demand be given or
<br /> served by either party to this Lease Agreement to or on the other, such notice or demand shall be
<br /> deemed to have been duly given or served when sent in writing by registered or certified mail, postage
<br /> prepaid, to the respective addresses as hereinafter set forth. Such addresses may be changed from time
<br /> to time by either party by serving notice as above provided :
<br /> Initials
<br /> (308 W. Franklin St.) C Landlo d Tenant
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