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7.3 SR 03-01-2021
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7.3 SR 03-01-2021
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fixtures, equipment and personal property (which is not a pant of the Premises covered by this <br />Lease) and for Tenant's relocation costs in connection therewith. <br />(e) This Lease shall terminate upon taking of possession by the condemning authority <br />with respect to the portion of the Premises taken, and the Monthly Rent shall be equitably <br />adjusted based on the portion of the Premises taken. The parties agree to negotiate in good faith <br />regarding such adjustment. <br />13.3 Abatement of Rent. Rent shall be abated on a reasonable basis as to that portion <br />of the Premises rendered untenantable by a Taking. <br />13.4 Negotiations. In the event of a Taking, Landlord and its Mortgagee shall control <br />all negotiations with the condemning authority at Landlord's sole cost and expense; provided, <br />however, that Tenant may participate in all such negotiations, including being present at all <br />meetings and participating in any conference calls. The parties will keep each other fully <br />advised from time to time, and upon such party's request, of the status of such negotiations. In <br />the event an Event of Default exists, or events exist that would constitute an Event of Default <br />with notice, the passage of time or both, Tenant shall have no rights under this paragraph. <br />ARTICLE 14 <br />ASSIGNMENT AND SUBLETTING <br />14.1 Assignment and Subletting. Provided no Event of Default exists, Tenant, at any <br />time and from time to time during the Term, may: (i) assign this Lease to any affiliate or <br />successor by merger to Tenant with the consent of Landlord, which shall not be unreasonably <br />withheld, conditioned or delayed; or (ii) sublet the Premises or any part thereof for a period <br />which does extend beyond the date one day prior to the Expiration Date with the prior written <br />consent of Landlord, which consent will not be unreasonably withheld, conditioned or delayed. <br />Provided, however, that none of the foregoing nor the assumption of this Lease under Section <br />14.2 shall relieve Tenant from liability for performance of any covenant or obligation hereunder, <br />Tenant hereby confirming that it shall remain unconditionally and primarily liable of all of its <br />obligations hereunder, and provided further that Tenant shall provide Landlord and Mortgagee <br />with an executed copy of such documents effecting such assignment and subletting within thirty <br />(30) days thereafter, and that, in the case of a sublease, that any sublease will be subordinate to <br />this Lease. Notwithstanding the foregoing, Tenant shall not assign or sublet Tenant's interest in <br />this Lease to any entity or person which has ever filed and has pending a petition for bankruptcy <br />protection. Upon and during an Event of Default Landlord may collect rents directly from any <br />sublessee, which rents are irrevocably assigned to Landlord. <br />14.2 Assumption by Assignee, If Tenant shall assign this Lease or any interest under <br />it, the assignee shall expressly assume in writing by instrument reasonably satisfactory to <br />Landlord, all of the obligations of Tenant under this Lease. Any Assignee shall attorn to the <br />Landlord and to any New Landlord (as defined below), as provided in Article 15. <br />25 <br />
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