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21. Surrender of Premises. At the termination of this Lease, Tenant shall surrender <br />the Additional Premises and all keys thereof to Landlord. <br />22. Eminent Domain. If the entire Additional Premises are taken by any public <br />authority under the power or threat of eminent domain, then the term of this Lease <br />shall cease as of the day possession shall be taken by such public authority, and <br />the Landlord shall make a pro rata refund of any Rent that has been paid in <br />advance by Tenant for a period beyond the date of the taking. If less than the <br />entire Additional Premises is so taken and provided the Additional Premises are <br />not rendered untenable thereby, then this Lease shall terminate only at the option <br />of the Landlord. In the event that only a part of the Additional Premises is so <br />taken and that this Lease does not so terminate, there shall be a pro rata reduction <br />in Rent to the extent that such taking interferes in any way with Tenant's use of <br />the Additional Premises, and all other terms and provisions of this Lease shall <br />remain in full force and effect. All damages awarded for such taking shall belong <br />to and be the property of the Landlord, irrespective of the basis on which they <br />were awarded. <br />23. Subordination. Tenant agrees that, at the Landlord's election, this Lease shall be <br />subordinate to any land Lease or mortgage now on or to be placed in the future on <br />the Additional Premises or Building and to any and all advances to be made <br />thereunder and to the interest thereon and to all renewals, replacements and <br />extensions thereof, provided that such subordination shall not materially affect <br />either party's obligations under this Lease. Tenant hereby appoints Landlord as <br />its attorney -in -fact to execute such documents as may be required to accomplish <br />such subordination. <br />24. No Waiver. No reference to any specific right or remedy shall preclude Landlord <br />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 <br />equity. Landlord's failure to insist upon a strict performance of any covenant of <br />this Lease or to exercise any option or right herein contained shall not be a waiver <br />or relinquishment for the future of such covenant, right or option; but the same <br />shall remain in full force and effect. <br />25. Captions. The captions and headings herein are for convenience and reference <br />only. <br />26. Brokers. Each of the parties represents and warrants to the other that there are no <br />claims for brokerage commission or finder's fees in connection with the <br />execution of this Lease, and agrees to indemnify the other against, and hold it <br />harmless from, all liabilities arising from any such claim including, without <br />limitation, reasonable attorney's fees in connection therewith. <br />27. No Partnership. This Lease does not create a joint venture or partnership <br />relation between the parties hereto. <br />Resolution #20-100 <br />Page 6 of 11 <br />