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assure Landlord that (i) the rent required to be paid or discharged by Tenant shall be paid or discharged in
<br />full at the times and in the manner herein specified, and (ii) the Premises shall continue to be operated only
<br />for the purposes permitted under Section 4, Use of Premises. The provisions of this section have been
<br />included in this lease to assure that the basic understandings between Landlord and Tenant with respect to
<br />Tenant's use of the Premises and the benefits to Landlord therefrom are preserved consistent with the
<br />purpose and intent of applicable bankruptcy laws.
<br />17. DISCRIMINATION CLAUSE: Tenant shall not discriminate in any programs or activities
<br />for which the Premises are leased on the basis of race, color, creed, national origin, age, sex, sexual
<br />orientation, or disability. Any such act of discrimination will constitute a breach of the terms of this lease,
<br />and Tenant shall defend and indemnify Landlord against any claim of discrimination in accordance with the
<br />provisions of this Lease.
<br />18, EMINENT DOMAIN: Should the demised Premises or any portion thereof be taken for
<br />public use by right of eminent domain with or without litigation, this Lease shall terminate as of the date of
<br />taking, and any award for compensation or damages, whether attained by agreement prior to or during the
<br />time of trial, or by judgment or verdict after trial, other than that portion of said award, if any, based upon a
<br />taking of Tenant's personal property, shall belong and be paid to Landlord. Any other portion of the award
<br />including those portions based on Tenant's leasehold estate and fixtures shall belong to and be paid to
<br />Landlord. Landlord and Tenant intend that the provisions of this Section 18 govern fully in the event of a
<br />taking and accordingly, the Parties each hereby waive any rights under Sections 1265.120 and 1265.130 of
<br />the California Code of Civil Procedure or under any similar law now or hereafter in effect.
<br />19. SUBORDINATION: This Lease is and shall be subordinate to any reciprocal easement
<br />agreement, ground lease, facilities lease or other underlying lease and the lien of any mortgage or deed of
<br />trust and all renewals, modifications, consolidations, replacements and extensions of any of the foregoing,
<br />that may now exist or hereafter be executed by Landlord affecting the Premises, or any part thereof, or
<br />Landlord's interest therein, without the necessity of executing any instrument to effectuate such
<br />subordination; provided, however, upon Landlord's request, Tenant, or Tenant's successor -in -interest, shall
<br />execute and deliver any and all instruments desired by Landlord evidencing such subordination in the
<br />manner requested by Landlord. Notwithstanding the foregoing, Landlord or the holder shall, in its
<br />respective discretion, have the right to subordinate any such interests to this Lease. If any ground lease or
<br />underlying lease terminates for any reason or any mortgage or deed of trust is foreclosed or a conveyance
<br />in lieu of foreclosure is made for any reason, Tenant shall attorn to the successor -in -interest to Landlord at
<br />the option of such successor -in -interest. The provisions of this Section shall be self -operative and no
<br />further instrument shall be required. Tenant agrees, however, to execute and deliver, upon demand by
<br />Landlord and in the form requested by Landlord, any additional documents evidencing the priority or
<br />subordination of this Lease.
<br />20. NOTICES: Any notice given under this Lease shall be effective only if in writing and given
<br />by delivering the notice in person or by sending it first-class mail or certified mail with a return receipt
<br />requested or by overnight courier, return receipt requested, with postage prepaid, to: (a) Tenant (i) at
<br />Tenant's address set forth below, or (ii) at any place where Tenant or any Agent of Tenant may be found if
<br />sent subsequent to Tenant's vacating, abandoning or surrendering the Premises; or (b) Landlord (i) at
<br />Landlord's address set forth below; or (c) to such other address as either Landlord or Tenant may
<br />designate as its new address for such purpose by notice given to the other in accordance with the
<br />provisions of this Section at least ten (10) days prior to the effective date of such change. Any notice
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