2009_0209_Packet - Laserfiche WebLink

Home

�b� If thirty perc�nt (30%} of the area of the 8��ilciing or thirty percent (30%) of the value of the Sf�aPping Cent�r Tract i:s ta�<en by erninent d'omait�, then, at L.andiord's option, by written notic� to Tenant mailed with sixty (60} days (rort-� the da�e possession is taken, Lar�dlard rriay terrninate the Lease effective or� a dat� wit�sir� ninety {90) days of the date possessior� is tal<e�. (c} �t�e term '"eminent domain" shall �nclud� €he exercise of any similar govemmental power a�d any purchase for other acquisition in iieu of concfemnation. A!P ciamages awardec� for any taking of the f.ee and feasehold iriterests shall beCnng �o and �e the property of LandforcC, and Tenant hereby assigr�s any interest therein ta Landlord, if any, in such award. Tenant shalf,: in any e�ent, have the rig#�t to prove in any proeeedings, and to receiv�, a se�arate award for damag�s to Tenant for condemnatian of movable trade €ixtures and �quipment and for relocation or moving expenses. ArticEe 13: C7EFAULT 8Y TENANT AfVD RIGHTS OF LANDLORD (a) Bankru�tcy or Insol�ency. Yenan� or Tenant's guarantor shall not cause or c�ive cause for tt�e appaintment of a trustee or a receiver o� the assets of Tenant or �`enarit's guarantor, if any, and shall �ot rnake any assigr�m�nt for the benefit of creditors, or be adjudicated irisofvent. The allowance af arty petition under any insolvency law except under the U. S. Federal Bankruptcy Code I�� the appointrrent af a trustee or receiver of l�enant or Tes�ant's guarantor, if any, or of the assets o� either of thern, sh�ll be conclusi�� of the evidenc� af the �etit3on, by �he apposn.t�erit oF a trusCee or receiver uniess sarne is vacated vvithin thirty (30) days after such an allowance or appaintment. Any act descriE�ed in t.hi� section shall be deemed in material breach o� Tenaat's a�lfr�ations hereunder and this Lease shail thereon automatically terminate. La:ndlard daes, in addition; reserve a�y and aPl other rem:edies provfc�ed in this I��s� or in the law. (i) Upo� fili�g of a�etiCion by or ac�ainst 7ena�t tcnd�r t�e �J'. S. Federa! Bankruptcy Cad:e, Tenant, as debtar ir� �ossession, a�d any trustee who may be appornCed agree as follaws: {A) tc� perform each and e�ery abli�ation of 7�r�ant unde� this Lease induding, but not li�nited to, t�e manner of "operaCions" as r3ro�id�d on the DA�A $HEET and in Article 1 of this �.ease un�ii sucF� time as this Lease is either rejected ar assumed by order of the United 5tates Bankr�ptcy Court; anr� (B) to pay in acivance an the first day of each mo�th as reasonable car�{aensat€on for use and occupancy of the Prerriises an amount ec�ual to alf A�nual Minimurn Rent and Other Charges oC�ertivise d��e pursuant to this Le�se; ar�d {C) to reject or assurt�e this Leas� with:in sixty (�0) ciays of ��e. filing of suci� petition under Chapter 7 of the. Banl<�-uptcy Coc�e or within su.ch period as �he Landlord may reqi�est under any other Chapter; and (D) to give the Lanc��ord at �east forty-five (45} days prior written notice of any proceeding ref�tir�g tci any assumptioE� of �his Lease; aiid (E� to gi�e at least thirty (30) cfays �rior written notice oF any abandonrnent of the Prernis�s, any s�rch abar�donment Co b� deen�ed a rejection of this Lease; and (F} to do a�l other things of benef�t to the LandEord ather�Nise r�qui:red ui�c#er thE Bankruptcy Code;: and (C} to be d.eerr�ed to ha�e rejecred this Lease in the event of the f�ilure to comply wftt� any of the a�ove; and (H) to be deEmeci to have consented ta the entry of an orcler by an appropr�ate I3