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Form51.16 (Rev. 10/14) <br />Page 28 of 37 <br />transfer coincides with a regular rent review period as stated in Section 3 Paragraph 3(c) <br />above. <br /> <br />(f) Lessee's mortgage or hypothecation of this Lease, if approved by Lessor, shall be <br />subject to terms and conditions imposed by a separately negotiated encumbrancing <br />agreement. <br /> <br />(g) Upon the express written assumption of all obligations and duties under this Lease by <br />an assignee approved by Lessor, the Lessee may be released from all liability under this <br />Lease arising after the effective date of assignment and not associated with Lessee's use, <br />possession or occupation of or activities on the Lease Premises; except as to any <br />hazardous wastes, substances or materials as defined under federal, state or local law, <br />regulation, or ordinance manufactured, generated, used, placed, disposed, stored or <br />transported on the Lease Premises during Lessee’s tenancy. <br /> <br />(h) If the Lessee files a petition or an order for relief is entered against Lessee, under <br />Chapters 7, 9, 11 or 13 of the Bankruptcy Code (11 USC Sect. 101, et seq.) then the trustee <br />or debtor-in-possession must elect to assume or reject this Lease within sixty (60) days after <br />filing of the petition or appointment of the trustee, or the Lease shall be deemed to have <br />been rejected, and Lessor shall be entitled to immediate possession of the Lease Premises. <br />No assumption or assignment of this Lease shall be effective unless it is in writing and unless <br />the trustee or debtor-in-possession has cured all Defaults under this Lease (monetary and <br />non-monetary) or has provided Lessor with adequate assurances (1) that within ten (10) <br />days from the date of such assumption or assignment, all monetary Defaults under this <br />Lease will be cured; and (2) that within thirty (30) days from the date of such assumption, <br />all non-monetary Defaults under this Lease will be cured; and (3) that all provisions of this <br />Lease will be satisfactorily performed in the future. <br /> <br />(i) In the event of any transfer or assignment, under this Paragraph 11 or by any other <br />means authorized by this Lease, the Lease terms shall be for the remaining years existing <br />on the Lease prior to the transfer or assignment. A transfer or assignment shall not extend <br />the term of this Lease. <br /> <br />12. DEFAULT AND REMEDIES <br />(a) Default <br />The occurrence of any one or more of the following events shall immediately and <br />without further notice constitute a Default of this Lease: <br />(1) Lessee's failure to make any payment of rent, royalty, or other consideration as <br />required under this Lease; or