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I <br /> 3� <br /> writing to be bound thereby. Should TENANT sublease, "in accordance with the terms of this <br /> g � Y � E - <br /> Lease, fifty- percent (50%) of any "increase in rental received by TENANT over the per square <br /> foot rental: rate which is being paid by TENANT shall be 'forwarded to and retained by <br /> LANDLORD, which increase shall be in addition to the Base Rent and Additional Rent due <br /> LANDLORD under this Lease. NOTWITHSTANDING the preceding, this paragraph 23 is <br /> p � g p g p <br /> NOT applicable to those Boat and RV Storage Contracts which TENANT enters into with <br /> individual :owners for the storage of boat and or RV equipment at the Leased Space <br /> 23, ArTORNMENT: <br /> I i <br /> In the event of any sale,transfer or assignment of LANDLORD's interest in the Leased Space,or <br /> this Lease, or if the Leased Space comes into custody or possession of a mortgagee or an other <br /> p Y pY <br /> party whether because_ of a mortgage foreclosure, or otherwise, TENANT shall attorn to such <br /> assignee of other party and recognize such party as LANDLORD hereunder; provided, however, <br /> TENANT'S peaceable possession will not be disturbed*so�long as TENANT faithfully performs <br /> p p � Y <br /> it obligations under this Lease. TENANT shall executes on demand,-any attornment agreement <br /> required by any such party to'be executed, containing such provisions and such other provisions <br /> as such p art require, <br /> p �Y may <br /> 240 NOVATION.-IN THE EVENT OF SALE: <br /> i <br /> In the event of,the sale of the Leased Space, LANDLORD shall be and hereby is relieved of all <br /> of the covenants and-obligations created hereby accruing' from and after the date of sale, and <br /> such sale shall result automatically in the purchaser assuming and agreeing to carry out all the <br /> covenants and obligations of LANDLORD.herein. Notwithstanding the foregoing provisions of <br /> this paragraph, LANDLORD, in the event -of a sale of the Leased Space, shall cause to be <br /> included in,the agreement of sale and purchase a covenant whereby the purchaser of the Leased <br /> Space assumes and agrees to carry.-out all of the covenants and obligations of LANDLORD <br /> herein. <br /> J <br /> The TENANT agrees-at any time and from time to time on not less than ten (10) days prior <br /> written request by LANDLORD to execute, acknowledge and deliver to LANDLORD' a <br /> statement in writing certifying that this Lease is unmodified and in full force and effect as <br /> modified and stating the modifications, and the dates to which the basic rent and other charges <br /> have been paid in advance, if any, it being intended that any such statement delivered pursuant to <br /> this paragraph may be relied upon by any prospective .purchaser of the fee or mortgagee or <br /> assignee!of any mortgage upon the fee of the Leased Space. In the event that TENANT fails to <br /> execute and return the estoppel certificate within such ten (10) day period, the holder of such <br /> encumbrance shall be entitled to rely, as against the TENANT, that: (i) this Lease is in full force <br /> and effect, without amendment except as specified by the LANDLORD, (ii) TENANT has.no <br /> offsets against rent nor any defenses to TENANT's performance under,this Lease, (iii) TENANT <br /> has no right to any offset or defenses'to the payment of rent, and (iv) TENANT has not aid anpY p Y <br /> rental under this Lease more than six months in advance. <br /> 25, SUCCESSORS AND ASSIGNS: <br /> The terms, covenants and conditions hereof shall be binding upon and inure to the successors and <br /> assigns of the parties hereto. <br /> 13 <br /> F <br />