Resolution - #20-143 - 07/14/2020

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to all of its rights and remedies under this Second Addendum, in law, or in equity. No holding over by Tenant after the Second Addendum Term shall operate to extend the Second Addendum Term or renew this Second Addendum. In the event of any unauthorized holding over, Tenant shall indemnify Landlord against all claims for damages by any other tenant to whom Landlord may have leased all or any part of the Vacant Lot covered hereby effective upon the expiration or termination of the Second Addendum. 16. Surrender. At the termination of this Second Addendum, Tenant shall surrender the Vacant Lot to Landlord with the shed removed at Tenant’s cost. 17. Eminent Domain. If the entire Vacant Lot is taken by any public authority under the power or threat of eminent domain, then the term of this Second Addendum shall cease as of the day possession shall be taken by such public authority, and the Landlord shall make a pro rata refund of any Rent that has been paid in advance by Tenant for a period beyond the date of the taking. In the event that less than the entire Vacant Lot is so taken and provided the Vacant Lot are not rendered untenable thereby, then this Second Addendum shall terminate only at the option of the Landlord. In the event that only a part of the Vacant Lot is so taken and that this Second Addendum does not so terminate, there shall be a pro rata reduction in Rent to the extent that such taking interferes in any way with Tenant’s use of the Vacant Lot, and all other terms and provisions of this Second Addendum shall remain in full force and effect. All damages awarded for such taking shall belong to and be the property of the Landlord, irrespective of the basis on which they were awarded. 18. Subordination. Tenant agrees that, at the Landlord’s election, this Second Addendum shall be subordinate to any land lease or mortgage now on or to be placed in the future on the Vacant Lot and to any and all advances to be made thereunder and to the interest thereon and to all renewals, replacements and extensions thereof, provided that such subordination shall not materially affect either party’s obligations under this Second Addendum. Tenant hereby appoints Landlord as its attorney-in-fact to execute such documents as may be required to accomplish such subordination. 19. No Waiver. No reference to any specific right or remedy shall preclude Landlord from exercising any other right or from having any other remedy or from maintaining any action to which it may otherwise be entitled ether at law or in equity. Landlord’s failure to insist upon a strict performance of any covenant of this Second Addendum or to exercise any option or right herein contained shall not be a waiver or relinquishment for the future of such covenant, right or option; but the same shall remain in full force and effect. 20. Captions. The captions and headings herein are for convenience and reference only. Resolution #20-143 Page 6 of 10