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6.1C
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<br /> Agreement, Lessee shall have the right to sublet the Premises or to
<br /> assign interests in fihis Agreement, or both, subject only to �he written
<br /> consent of Lessor, which consent shall not be unreasonably withheld.
<br /> E. As securi#y for the pertormanee by� Lessee of ali duties and obliga#ions
<br /> under the Agreement, �essee assigns to Lessor the right, power, and
<br /> authority, during the continuance of this Agreement, to collect the rents,
<br /> issues, and profits of the Premises, reserving to Lessee the right, prior fio
<br /> any breach Qr default by L,essee under this Agreement, to collect and
<br /> retain the rents, �solely in the case of a sublease previously approved by
<br /> Lessor} issues, and profts, from the operation of Lessee's approved
<br /> business use, as they become due and payable, and so long as
<br /> payments to Lessa�-are also kept curr�nt.
<br /> F. Upon any breach or defaulf, �essor shal! have the righfi at any fime
<br /> afterward, without notice except as provided for previously, ei�her in
<br /> person, by agent, or by a receiver to be appointed by a court, enter and
<br /> . take possession of fihe Premises and collect rents, issues, and profits,
<br /> incfuding those past due and unpaid, and apply the same, less costs and
<br /> expenses of operation and collectior,, �ncluding reasonab�e at�omey fees,
<br /> upon any secured indebtedness, and in any order as Lessor may
<br /> determine.
<br /> G. In the evenf that Lessor shouid take any act to maintain or preserve the
<br /> Premises an Lessee's behalf, or seek the appointment ofi a� rece�ver #o
<br /> protect Lessar's interests under this Agreemenfi, such acfis shall not
<br /> consfitute � terminafiion of Lessee's right of possession unless Lessee
<br /> receives written nviice from Lessor to regarding Lessor's election to
<br /> terminate.
<br /> 34. SURRENDER
<br /> 34.'� Upon �he expiration of the Lease Term hereof and the leasehoid interest created
<br /> hereby and subject to Lessar's lien rights set fo�#h herein, Lessee snall remove
<br /> its interior and exterior signs and aIl of its movabfe trade fixtures, equipment, and
<br /> personaf property from the Leased Premises and fully repair andlor restore a!I
<br /> damage tnereto resulting from such removal, and Lessee shail thereupon
<br /> surrender the Leased Premises in the same condition as #hey were on the date
<br /> on which Lessor delivered possession of the �eased Premises to Lessee,
<br /> reasonab(e wear and tear excepted, unless the �essor and Lessee agree to
<br /> allow the �essor fio refiain the improvement. All prope�ty of any kind not removed
<br /> from the �eased Premises shal! be deemed abandoned by �essee. If #he
<br /> Leased Premises are not surrendered at the end ofi the Lease Term, L.essee
<br /> shall indemnify, defend, protect and hold harmless Lessor against any claims,
<br /> demands, lass, costs and expenses, including, but not lirnited to, attomeys' fees,
<br /> or liability resulting from defay by 1.essee in surrendering the Leased Premises
<br /> including but nat limited to any lass arising from any claim made by any
<br /> succeeding �essee�'ounded on such delay.
<br /> Excep# as provided herein, no act �r conduct of the Lessor, whether consistinr of
<br /> the acceptance af the keys to �he Leased Premises, or otherwise, shall be
<br /> deemed to �e or consti#ute an acceptance af the surrender af the Leased
<br /> ATTYIAGR/2009.Q24 fnitials Page 23
<br /> 0$1 fi�9
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