Agenda - Council - 06/09/2009 - Special

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which the rent and other charges hereunder have been paid by Tenant, (iii) stating whether or not to the best knowledge of Tenant, Landlord is in default in the performance of any covenant, agreement or condition contained in this Lease, and if so, specifying each such default of which Tenant may have knowledge, and (iv) stating the address to which notices to Tenant should be sent pursuant to Article 24 hereof, (v) agreeing that Tenant and Landlord will not thereafter modify the Lease without the approval of any mortgagee identified by Landlord, and (vi) agreeing that, except for any security deposit required herein, Tenant shall not prepay any rent more than 45 days in advance. Any such statement delivered pursuant hereto may be relied upon by any owner of the Leased Premises, any prospective purchaser of the Leased Premises, any mortgagee or prospective mortgagee of the Leased Premises or of Landlord's interest or any prospective assignee of any such mortgagee. 15. SUBORDINATION This Lease and Tenant's rights hereunder are and shall be subject and subordinate to the operation and effect of all terms and conditions contained in any mOligage, leasehold mortgage, trust deed, other security instrument, ground or underlying lease and to all renewals, extensions and modifications thereof, now or hereafter on the Leased Premises, the parcel of land on which the Leased Premises is located, or any part thereof. In the even Landlord or any such mortgagee, trust beneficiary, secured party or underlying Landlord requests in writing confirmation of such subordination, Tenant shall, within ten (10) days following receipt, execute, acknowledge and deliver to the requesting party any instrument reasonably required to evidence such subordination. In the event Tenant fails so to execute, acknowledge and deliver a required instrument within said limited period, it hereby irrevocably appoints Landlord its attorney-in-fact to execute, acknowledge and deliver the same. 16. BANKRUPTCY; INSOLVENCY If at any time after the date this Lease is entered in, (i) any proceedings in banlauptcy, insolvency or reorganization shall be instituted against Tenant pursuant to any federal or state law now or hereafter enacted, or any receiver or trustee shall be appointed for all or allY portion of Tenant's business or property, or any execution or attachment shall issue against Tenant or Tenant's business or property or against the leasehold estate created hereby and any of said proceedings, process or appointment be not discharged and dismissed within sixty (60) days from the date of said filing, appointment or issuance; or (ii) Tenant shall be adjudged as bankrupt or insolvent, or Tenant shall make an assignment for the benefit of creditors, or Tenant shall file a voluntary petition in banlauptcy or petition for or enter into an arrangement for reorganization, composition or any other arrangement with Tenant's creditors under any federal or state law now or hereafter enacted, or this Lease or the estate of Tenant herein shall pass to or devolve upon, by operation of law or otherwise, anyone other than Tenant except as herein provided, the occurrence of anyone of said contingencies shall be deemed to constitute and shall be construed as a repudiation by Tenant of Tenant's obligations hereunder and shall cause this Lease to be terminated; and upon said termination Landlord shall have the immediate right to reenter the Leased Premises and to remove all persons and property therefrom and this Lease shall not be treated as an asset of the Tenant's estate and neither the Tenant nor anyone claiming by, through or under Tenant by virtue of any law or any order of any court shall be entitled to the possession of the Leased Premises or to remain in the possession thereof. Upon the termination of this 10