<br />e
<br />
<br />e
<br />
<br />of such notice, the default, failure to perform or breach
<br />complained of, shall not have been corrected in a manner
<br />satisfactory to the Lessor, then, and in such event, the Lessor
<br />shall have the right at once and without further notice to the
<br />Lessee to declare this Agreement and Lease terminated and to enter
<br />upon and take full possession of the Leased Premises and Leased
<br />Facilities and, provided further that upon the happening of anyone
<br />of the contingencies enumerated in subparagraph A hereof, this
<br />Agreement and Lease shall be deemed to be breached by the Lessee
<br />and thereupon ipso facto and without entry or any other action by
<br />the Lessor, the Agreement and Lease shall terminate, subject to be
<br />reinstated only if such involuntary bankruptcy or insolvency
<br />proceedings, petitions for reorganization, trusteeship, receiver
<br />ship, or other legal act divesting the Lessee of its rights under
<br />this Agreement and Lease shall be denied, set aside, vacated or
<br />terminated in the Lessee's favor within forty-five (45) days from
<br />the happening of the contingency. Upon the happening of said
<br />latter event, this Agreement and Lease shall be reinstated as if
<br />there had been no breach occasioned by the happening of said
<br />contingencies provided that the Lessee shall within ten (10) days
<br />discharge any and all sums of money which may have become due under
<br />this Agreement and Lease in the interim and shall then remain
<br />unpaid and shall likewise fully perform and discharge all other
<br />obligations which may have accrued and become payable in the
<br />interim. The acceptance of rentals and fees by the Lessor for any
<br />period or periods after a default of any of the terms, covenants,
<br />and conditions herein contained to be performed, kept and observed
<br />by the Lessee shall not be deemed a waiver of any rights of the
<br />Lessor to cancel this Agreement and Lease for failure by the Lessee
<br />to so perform, keep, or observe any of the terms of this Agreement
<br />and Lease to be kept, performed, and observed by the Lessee.
<br />
<br />ARTICLE X - ASSIGNMENT AND SUBLETTING
<br />
<br />1. The activities, us~s, privileges and obligations authorized
<br />herein are personal and the Lessee agrees that it will not assign,
<br />subcontract, sublet, or underlet the same or any portion thereof,
<br />or assign, subcontract, sublet or underlet the Leased Premises or
<br />any portion thereof without the expressed consent of the Lessor in
<br />writing and any purported assignment or subcontract in violation
<br />hereof shall be void. In no case, however, may the activities,
<br />uses, privileges and obligations authorized h~rein or the Leased
<br />Premises or any portion thereof be assigned, subcontracted, sublet,
<br />or underlet by the Lessee for any use other than herein specified.
<br />All provisions of this Agreement and Lease applicable to the Lessee
<br />hereunder shall be equally binding upon any party to which the
<br />activities, uses, privileges and obligations authorized herein,
<br />leased Premises are assigned, subcontracted, sublet or underlet.
<br />
<br />2. The Lessor will not be unnecessarily arbitrary in granting
<br />said permission, but the Lessor shall be the sole judge as to the
<br />reliability, capability, character, and desirability of the parties
<br />involved.
<br />
<br />14
<br />
|