|
<br /> ------ -----------
<br /> rent hereunder by Lessor shatl not be a waiver of any preceding breach by Lessee of any
<br /> provision hereof other than the failure of Lessee to pay the particular rent so accepted, regardless
<br /> of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. .
<br /> 25. Holding Over. In the event of holding over by Lessee after the expiration or termination
<br /> of this lease, the holdover shall be as a tenant at will, and all of the terms and provisions of this
<br /> Lease shall be applicable during that period, except that Lessee shaH pay Lessor as rental for the
<br /> period of such holdover an amount cqual to two (2) times the rent, induding the operating
<br /> expenses, real estate taxes and additional rental, which would have been payable by Lessee had
<br /> the holdover period been a part of the original Tenn of this Lease. Lessee agrees to vacate and
<br /> Jcliver the Premises to Lessor upon its receipt of notice from Lessor to vacate. The rental
<br /> payable during the holdover period shall be payable to Lessor upon demand. No holding over by
<br /> Lessee, whether with or without the consent of Lessor, shall operate to extend this Lease, except
<br /> as otherwise expressly provided herein. Lessee shall be liable for damages as a result of any
<br /> holdover frol11 the originallcasc Term or renewal term, as applicable. All options, if any, granted
<br /> under the tenl1S of this Lease shall be deemed terminated and be of no further effect during the
<br /> holdover period.
<br /> 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but
<br /> shall, wherever possible, be cumulative with all other remedies at law or in equity.
<br /> 27. Covenants and Conditions. Each provision of this Lease perfom13ble by Lessee shall
<br /> be deemed both a covenant and a condition.
<br /> 28. Binding Errect; Choice of Law. Subject to any provisions hereof restricting assignment
<br /> or subletting by Lessee and subject to the provisions of paragraph 17, this Lease shalt bind the
<br /> parties, their personal representatives, successors, and assigns, This Lease shatl be governed by
<br /> the laws of the State where the Industrial Center is located, and any litigation concerning this
<br /> Lease between the parties hereto shall be initiated in the county in which the Industrial Center is
<br /> located.
<br /> 29. Subordination.
<br /> (a) This Lease, and any Option granted hereby, at Lessor's option, shall be .
<br /> subordinate to any ground lease, mortgage, dced of trust, or any other hypothecation or security
<br /> now or hereafter placed upon the Industrial Center and to any and all advances made on the
<br /> security thereof and to all renewals, modifications, consolidations, replacements, and extensions
<br /> thereof. Notwithstanding such subordination. Lessee's right to quiet possession of the Premises
<br /> shaU not be disturbed if Lessee is not in default and so long as shall pays the rent and observes
<br /> and pcrforn1s all of the provisions of this Lease, unless this Lease is otherwise terminated
<br /> pursuant to its terms. If any mortgagee, trustee, or ground lessor elects to have this Lease, and
<br /> any Options granted hereby, prior to the lien of its mortgage, deed of trust, or ground lease, and
<br /> gives written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such
<br /> mortgage, deed of trust, or ground (case, whether this Lease or such Options are dated prior or
<br /> subsequent to the date of such mortgage, deed or trust, or ground lease or the date of recording
<br /> thereof.
<br /> (b) Lessee agrees to execute any documents required to effectuate an attorrnnent or, a
<br /> subordination or to make this Lease or any Option granted herein prior to the lien of any
<br /> mortgage, deed of trust, or ground lease, as the case may be. Lessee's failure to execute such
<br /> documents within ten (l0) days after written demand shall constitute a material default by Lessee
<br /> hereunder without further notice to Lessee or, at Lessor's option, Lessor may execute such
<br /> documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute,
<br /> and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead,
<br /> to execute such documents in accordance with this paragraph 29(b).
<br /> 30. Attorney's Fees. If there is any legal action or proceedings between the parties to
<br /> enforce or interpret any provisions of this Lease or to protect or establish any right or remedy of
<br /> any of them hereunder, the unsuccessful party to such action or proceedings shaH pay to the
<br /> prevailing party all costs and expenses (induding, but not limited to, reasonable attorney's fees
<br /> and disbursements) incurred by such prevailing party in such action or proceedings. If any party
<br /> secures a judgment in any such action or proceedings, then any costs and expenses (including,
<br /> but not limited to, reasonable attorney's fees and disbursements) incurred by the prevailing party
<br /> in enforcing such judgment, or any costs and expenses (including, but not limited to, reasonable .
<br /> attorneys' fees and disbursements) incurred by the party prevailing in any appeal from such
<br /> judgment in connection with such appeal shall be recoverable separately from and in addition to
<br /> \\"iINI"EAPOUS\VOLI'.supPORn......D...T...'A"iBlIt..I>d.\It""...U\AGltEf.I>IENI>hiUsl.61.d page I8
<br /> (S:WDATA IAM8IGEf,iERAl.IFORMsIRErr.U-M.DOC)
<br />
|