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4.4 SR 05-02-2022
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4.4 SR 05-02-2022
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this Lease shall be cumulative and shall be in addition to every other right or remedy provided for <br />in this Lease now or hereafter existing at law or in equity or by staxute or otherwise. <br />ARTICLE 21 - LANDLORD' S DEFAULT <br />Landlord shall not be deemed to be in default under this Lease until Tenant has given <br />Landlord written notice specifying the nature of the default and Landlord does not cure such <br />default within thirry (30) days after receipt of such notice or within such reasonable time thereafter <br />as may be necessary to cure such default where such default is of such a character as to reasonably <br />require more than thirry (30) days to cure. <br />ARTICLE 22 - HOLDING OVER <br />Tenant will, at the expiration of this Lease, whether by lapse of time or termination, give <br />up immediate possession to Landlord. If Tenant fails to give up possession the Landlord may, at <br />its option, serve written notice upon Tenant that such holdover constitutes any one of the following <br />(i) renewal of this Lease for one year, and from year to year thereafter, or (ii) creation of a month- <br />to-month tenancy, or (iii) creation of a tenancy at sufferance. If Landlord does not give said notice, <br />Tenant's holdover shall create a tenancy at sufferance. In any such event the tenancy shall be upon <br />the terms and conditions of this Lease, except that the Rent shall be double the Rent Tenant was <br />obligated to pay Landlord under this Lease immediately prior to termination (in the case of tenancy <br />at sufferance such Rent shall be prorated on the basis of a 365 day year for each day Tenant remains <br />in possession); excepting further that in the case of a tenancy at sufferance, no notices shall be <br />required prior to commencement of any legal action to gain repossession of the Leased Premises. <br />In the case of a tenancy at sufferance, Tenant shall also pay to Landlord all damages sustained by <br />Landlord resulting from retention of possession by Tenant. The provisions of this paragraph shall <br />not constitute a waiver by Landlord of any right of reentry as otherwise available to Landlord; nor <br />shall receipt of any rent or any other act in apparent af�rmance of the tenancy operate as a waiver <br />of the right to terminate this Lease for a breach by Tenant hereof. <br />ARTICLE 23 - SUBORDINATION <br />Tenant agrees that this Lease shall be subordinate to any mortgage(s) that may now or <br />hereafter be placed upon Community Center or any part thereof, and to any and all advances to be <br />made thereunder, and to the interest thereon, and all renewals, replacements, and extensions <br />thereof, provided the mortgagee named in such mortgage(s) shall agree to recognize this Lease or <br />Tenant in the event of foreclosure provided the Tenant is not in default. In confirmation of such <br />subordination, Tenant shall promptly execute and deliver any instrument, in recordable form, as <br />required by Landlord's mortgagee. In the event of any mortgagee electing to have the Lease a prior <br />encumbrance to its mortgage, then and in such event upon such mortgagee notifying Tenant to that <br />effect, this Lease shall be deemed prior in encumbrance to the said mortgage, whether this Lease <br />is dated prior to or subsequent to the date of said mortgage. <br />ARTICLE 24 - INDEMNITY, INSURANCE AND SECURITY <br />A. Tenant will keep in force at its own expense for so long as this Lease remains in <br />effect public liability insurance with respect to the Leased Premises in which Landlord shall be <br />named as an additional insured, in companies and in form acceptable to Landlord with a minimum <br />16 <br />zzi4s2�9 <br />
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