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the day possession shall be taken by such public authority, and the Landlord shall make a <br />pro rata refund of any Rent that has been paid in advance by Tenant for a period beyond <br />the date of the taking. In the event that less than the entire Premises is so taken and <br />provided the Premises are not rendered untenable thereby, then this Lease shall terminate <br />only at the option of the Landlord. In the event that only a part of the Premises is so <br />taken and that this Lease does not so terminate, there shall be a pro rata reduction in Rent <br />to the extent that such taking interferes in any way with Tenant's use of the Premises, and <br />all other terms and provisions of this Lease shall remain in full force and effect. All <br />damages awarded for such taking shall belong to and be the property of the Landlord, <br />irrespective of the basis on which they were awarded. <br />25. Subordination. Tenant agrees that, at the Landlord's election, this Lease <br />shall be subordinate to any land Lease or mortgage now on or to be placed in the future <br />on the Premises or Building and to any and all advances to be made thereunder and to the <br />interest thereon and to all renewals, replacements and extensions thereof, provided that <br />such subordination shall not materially affect either party's obligations under this Lease. <br />Tenant hereby appoints Landlord as its attorney -in -fact to execute such documents as <br />may be required to accomplish such subordination. <br />26. No Waiver. No reference to any specific right or remedy shall preclude <br />Landlord from exercising any other right or from having any other remedy or from <br />maintaining any action to which it may otherwise be entitled ether at law or in equity. <br />Landlord's failure to insist upon a strict performance of any covenant of this Lease or to <br />exercise any option or right herein contained shall not be a waiver or relinquishment for <br />the future of such covenant, right or option; but the same shall remain in full force and <br />effect. <br />27. Captions. The captions and headings herein are for convenience and <br />reference only. <br />28. Brokers. Each of the parties represents and warrants to the other that there <br />are no claims for brokerage commission or finder's fees in connection with the execution <br />of this Lease, and agrees to indemnify the other against, and hold it harmless from, all <br />liabilities arising from any such claim including, without limitation, reasonable attorney's <br />fees in connection therewith. <br />29. No Partnership. This Lease does not create a joint venture or partnership <br />relation between the parties hereto. <br />30. Notices. All communications, demands, notices or objections permitted or <br />required to be given or served under this Lease shall be in writing and shall be deemed to <br />have been duly given or served if delivered in person to the other party or its duly <br />authorized agent or if deposited in the United Statesmail, postage prepaid, for mailing by <br />6 <br />