AgdaPkt 2019-12-16 Joint SA PFA - Laserfiche WebLink

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7.C. - Page 113 of 178 all compensation and damages payable for or on account of such taking shall be payable to and be the sole property of Tenant and Lender. (c) If only a non -material portion of the YMCA Site shall be the subject of a taking, then this Lease shall continue in full force and effect, except that Rent and all other charges hereunder shall be reduced in the proportion that any area of the YMCA Site so taken or condemned shall bear to the total YMCA Site prior to the taking. 23. Landlord's Right of Inspection. Landlord shall have the right to enter and inspect the New YMCA upon not less than Two (2) business days prior written notice to Tenant. 24. Default by Landlord: Remedies of Tenant. (a) Events of Default. Landlord shall be in default of this Lease if it fails to perform any provision of this Lease that it is obligated to perform or if any of Landlord's representations or warranties is untrue or becomes untrue in any material respect, and if the failure to perform or the failure of such representation or warranty is not cured within Thirty (30) days after notice of the default has been given to Landlord. If the default cannot reasonably be cured within thirty (30) days, Landlord shall not be in default of this Lease if Landlord commences to cure the default within such Thirty (30) -day period and diligently and in good faith continues to cure the default until completion, but in no event longer than One Hundred Twenty (120) days from the date of notice of default. (b) Right to Cure; Tenant's Remedies. If Landlord fails to cure a default by Landlord after expiration of the applicable time for cure of a particular default, Tenant, at its election, but without obligation therefor (i) may seek specific performance of any obligation of Landlord, after which Tenant shall retain, and may exercise and enforce, any and all rights that Tenant may have against Landlord as a result of such default; (ii) from time to time without releasing Landlord in whole or in part from the obligations to be performed by Landlord hereunder, may cure the default at Landlord's cost; (iii) may terminate this Lease, and/or (iv) may exercise any other remedy given hereunder or now or hereafter existing at law or in equity. Any reasonable costs incurred by Tenant in order to cure such a default by Landlord shall be due immediately from Landlord, together with interest, and may be offset against any amounts due from Tenant to Landlord. Upon the occurrence of any Landlord Default and the expiration without cure of any applicable notice and cure periods, Tenant may, at its option and in addition to all of Tenant's other rights and remedies at law or in equity, do any of the following: (a) terminate this Lease upon notice to Landlord; (b) incur, and deduct from succeeding Rent or any other sum or monetary obligations owed to Landlord, as prescribed by this Lease, the amount of any judgment obtained from a federal or state court resulting from Landlord's failure to perform any obligation that Landlord has failed to perform; and (c) exercise any other remedy explicitly provided in this Lease for the breach of a specific term or condition. Tenant agrees that no officer, employee, director, manager, member, owner, agent, counsel or trustee of Landlord shall be liable for Landlord's duties and obligations under this Lease and that any recovery of damages or any other sums due Tenant from Landlord may only be recovered from Landlord's interest in the YMCA Site. YMCA Ground Lease -17- 82483.00016\32493585.5 536