|
statute or regulation having as its purpose the protection of creditors, which is not discharged in
<br />accordance with Section 15, Tenant Defaults and Cure. Upon the happening of (i) or (ii), Landlord shall
<br />have the right, subject to the rights of Tenant and any trustee in bankruptcy in such proceedings, to
<br />terminate this Lease. If under the law then applicable, Tenant or the trustee in bankruptcy has the right to
<br />affirm this Lease and continue to perform the obligations of Tenant hereunder, Tenant or the trustee shall,
<br />within the time period permitted by the bankruptcy court, cure all defaults of Tenant outstanding as of the
<br />date of the affirmation of this Lease and provide to Landlord such adequate assurances as may be
<br />necessary to assure Landlord of the continued performance of Tenant's obligations under this Lease.
<br />Specifically, but without limiting the generality of the foregoing, Tenant or the trustee in bankruptcy shall
<br />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 />10
<br />
|