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5.4. SR 03-17-2008
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5.4. SR 03-17-2008
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3/14/2008 1:09:03 PM
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3/17/2008
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Tenant shall keep the building, other improvements, and land of which the leased premises <br />are a part free and clear of all mechanics' liens resulting from construction done by or for <br />Tenant. Tenant shall have the right to contest the correctness or the validity of any such <br />lien if, immediately on demand by Landlord, Tenant procures an irrevocable letter of credit <br />in favor of Landlord in an amount equal to one and one-half times the amount of the claim <br />of the lien. <br />17. DESTRUCTION OF THE PREMISES. In case of, a total or such partial <br />destruction of the leased premises by fire, the elements or othe~~ u~lty, as shall make it <br />impracticable for Tenant's use, this Lease Agreement may kterminated at the option of <br />either party on written notice to the other, and in that cas+ t shall not be liable for <br />any rent after the date of Tenant's surrendering posses' n of`f~~ased premises. <br />1~. ~ tp <br />18. CONDEMNATION. In case of thell~~~jat~13Y such parti~~ , s of the leased <br />premises through condemnation, as shall m it impracticable for is use, this <br />Lease Agreement may be terminated at the c>~~Igf edhefsparty and in th` } °Se, Tenant <br />shall not be liable for any rent after the date of s i ~rrrt~~t~,n. ,rl' <br />19. DEFAULT OF TENANT The occurreii~i,of any of the following shall <br />constitute a material default and brea(¢~~,this Lease Ag dent by Tenant: <br />a. Any failure by Te nt t8'~ nt or d'~t5y other monetary sums <br />required to be paid er~li3d~~ ~,e such failure continues for <br />tweet ~ ptt days after v~ ~tfen notice~~}iereof from Landlord to Tenant). <br />b. ~+rtl~ g ab~ ~iment or v cation of the leased premises by Tenant. <br />t ~~I, <br />c. A fa _~rve and perform any other provision of this <br />~~[4{(~~~t ase emen ~~ ~ observed or performed by Tenant, where <br />{ fail ntinues for twenty (20) days afterwritten notice thereof <br />b dlor° ~~r~ant; provided, however, that if the nature of such <br />def~ g ' ~s suc at it cannot reasonably be cured within such twenty <br />(20) ~perio'd, Tenant shall not be deemed to be in default if Tenant <br />I~`It shall in such period commence such cure and thereafterdiligently <br />'~='~~1~, prose. to the same to completion. <br />d. 'making by Tenant of any general assignment or general <br />~anangement far the benefit of creditors; the filing by or against Tenant <br />of a petition to have Tenant adjudged a bankrupt or a petition for <br />reorganization or arrangement under any law relating to bankruptcy <br />(unless, in the case of a petition filed against Tenant, the same is <br />dismissed within ninety (90) days); the appointment of a trustee or <br />receiver to take possession of substantially all of Tenant's assets <br />located at the leased premises or of interest in this Lease Agreement, <br />where possession is not restored to Tenant within sixty (60) days; or <br />the attachment, execution or otherjudicial seizure of substantially all <br />
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