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6.11 BANKRUPTCY If the Grantee ever becomes the subject of a voluntary or involuntary bankruptcy or other similar type proceeding under the federal bankruptcy laws, then "adequate protection" of the Grantor's interest in the Premises pursuant to the provisions of Sections 361 and 363 of the U.S. Bankruptcy Code prior to assumption and/or assignment of any interest under the Agreement by the Grantee shall include, but not be limited to the following: (a) the continued payment by the Grantee of all Consideration and all other sums due and owing under this Agreement; and (b) the furnishing of a security deposit by the Grantee in an amount equal to three (3) times the Consideration payable during the immediately preceding year. ""... ... "Adequate assurance of future performance" by the Grantee and/or any assignee of the Grantee pursuant to the U.S. Bankruptcy Code Section 365 will include payment of a security deposit in an amount equal to three (3) times the Consideration paid during the immediately preceding Anniversary Year. If this Agreement is assigned to any person or entity pursuant to the provisions of the U.S. Bankruptcy Code, any and all Consideration payable, or otherwise to be delivered in connection with such assignment, shall be paid or delivered to the Grantor, shall be and remain the exclusive property of the Grantor, and shall not constitute property of the Grantee or the estate of the Grantee within the meaning of the U.S. Bankruptcy Code. Any and all Consideration constituting the Grantor's property under the preceding sentence not immediately paid or delivered to the Grantor shall be held in trust by the Grantee for the benefit of the Grantor. ~, "" 4~' '" '" . ~ 6.12 UTILITIES The Grantee shall, at its own cost and expense, pay all charges for connection, delivery, and use of all utilities used on the Premises directly to the utility company or municipality furnishing the same before the charges shall become delinquent. No interruption or malfunction of any utility service shall constitute a breach by the Grantor of any of its obligations hereunder or relieve the Grantee from any of its obligations hereunder. 6.13 PROPER AUTHORITY Each party hereto represents and warrants that the person executing this Agreement on its behalf has full power and authority to enter into this Agreement. 6.14 RELATIONSHIP OF THE PARTIES Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal-agent, or to otherwise create for the Grantor any liability whatsoever with respect to the indebtedness, liabilities, and obligations of the Grantee or any other party. CE20050 145 cenewp.doc adabney 11 CUSTOMER ID: C000000895