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.Exercise of any of the foregoing remedies shall not prevent the Concurrent or s0sequent exercise of
<br /> any other remedy provided for herein or otherwise available to Landlord at law or in equity.In. any action to
<br /> enforce any provision of this Lease, Landlord shall be entitled to recover all costs and expenses, including
<br /> reasonable altomeys'fees, incurred in connection with such action. Exercise by Landlord of any one or more
<br /> remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of the
<br /> Premises by TenaA whether by agreement or by operation of law,it being understood that such surrender can
<br /> be effected only ley the written agreement of Landlord and Tenant, For the purposes of this Section', it shall be
<br /> deetned that Parce'ntage Rent,for any period after any such default and entry by Landlord,would have been at a
<br /> monthly rate thereafter equal to the avorage monthly Percentage Rent which Tenant was obligated to pay to
<br /> Landlord under thus:Lease either; (i)from the commerticement hereof to the date of suc'h default; or(H)durin g
<br /> the last three(3)years prior to the date of such default,whichever is the givater.
<br /> Section 10.3. L By
<br /> 'Lan �nf Defa ilt. Landl ord shall-not be in an "event of default" in
<br /> prd_�I
<br /> the performanpe, 'of any of Landlord's obligations gations hereunder unless and -until Landlord shall have�failed to
<br /> perform such obligations within sixty(60)days(or such additional time as is reasonably required to correct any
<br /> such failure,to perform) after written notice,by Tenant to Landlord .properly specifying wherein Landlord has
<br /> failed to perform any such obliption. In no event whatsoever shall any sueb failure to perform or"event of
<br /> default"of Landlord entitle Tenant to terminate-this Lease,or set off or withhold Rent,it being understood and.
<br /> agreed that the covenants of Tenant and Landlord are independent of one another,notwithstanding any caselaw
<br /> to the contrwy, and therefore Tenant's sole and exclusive remedy shall I be to bring a suit for money damages
<br /> against Landtord.,
<br /> Sec U 11. Ngbordination. Tenant hereby agrees that this Lease and aU of Tenant's right, title
<br /> and interest Iterounder shall be -subject, subordinate and Inferior to the lien, of any and all mortgages of the
<br /> Premises now on or bereafter to be placed on the Premises, and to any and all terms and'conditions thereof.
<br /> The subordination of this Lease to any such mortgage shall be automatic and self-operative, and no special
<br /> instrument of subordination shall be necessary. Without limiting the foregoing, if Landlord requests that
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<br /> Tenant execute any document evi'denemg such subordination then Tenant shall do so within ten (10) days of
<br /> such reques4 and .any breach of such obligation shall be an automatic Event of Default hereunder. Tenant
<br /> agrees that upon request by Landlord,it will execute such amendmeals to-this Lease as Landlord's lender may
<br /> reasonably require,provided hereunder no change shall be made to the Rent, the.Term of the Lease,Tenant"s
<br /> :pro-rats Shard or deseription of Premises,,
<br /> Section 12. Socarity-Deposit. Landlord may,,from time to time and without prejudice to any other
<br /> remedy, use all or a part of the Security Deposit to perform any obligation Tenant-fails to perfo rm hereunder.
<br /> In such eveni, 'Tenant" shall'replenish the N1 amount of the Security Deposit upon demwid, If Landlord
<br /> transfers the comity Deposit to LandloiTs-successor in intetest hereunder,then Landlord thereafter shaff have
<br /> no further liability for the, return of the Security Deposit. The Security.Deposit shall be returned to Tenant
<br /> thirty(30)days after the date Tenant has vacated the Premises and surrendered possession thereof to Landlord
<br /> at,the expiration-Of the Term or any extension thereof as provided herein and has paid Landlord all sums due
<br /> and owing under this Lease. Tenant shall not be enthled to any interek on the Security •Deposit.
<br /> sectl6n 130 No Waiver. Failure on the pw-t of Landlord to complain of any actioll or non--action on
<br /> the Part ofTenati no matter-how long the same may continue, shall never be-deerned to be a 'waiver by
<br /> Landlord of -any of its rights erounder. Landlord's consent to a particular action does not waive the
<br /> requirement for consent to the same action,, or a similar action, in -the future, No payment by Tenant, or
<br /> acceptance.by' the Landlord, of a lesser amount than shall be due from Tenant to Landlord shAll be treated
<br /> otherwise than as a payment on,a"ount. The acceptance by Landlord of a check for a lesser amount with an
<br /> .endorsement or s,tatement,thereon, or upon py letter accompanying such check, that such lesser aniount 'is
<br /> payment in'f4111 shall be given no effect, and Landlord may accept such.cheek without prqjudic'e to any other
<br /> tights.or remedies which Landlord may have against Tenant.
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