02-04-08 Special Called Regular Meeting of the Development Corporation Board of Directors Minutes

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may reenter said premises. Landlord shall have, in addition to the remedy above provided. any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 16. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder. Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 17. Condemnation. If any legally, constituted authority condemns the premises or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 18. Subordination. Tenant accepts this lease subject and subordinate to any mortgage, deed of trust or other lien or hereafter arising upon the leased Premises. or upon the premises and to any renewals. refinancing and extensions thereof. but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage, deed of trust or other lien to this lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage. deed of trust or other lien now exiting or hereafter placed upon the Leased Premises of the Building. and Tenant agrees upon demand to execute such further instruments subordinating this lease or atoning to the holder of any such liens as landlord may request. In the event that Tenant should fail to execute any instrument of subordination herein required to be executed by Tenant promptly as requested. Tenant. hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant's name, place . and stead; it being agreed that such power IS one coupled with an interest. Tenant agrees that it will from time to time upon request by landlord execute and deliver to such persons as Landlord shall request a statement in recordable form certifying that this lease is unmodified and in full force and effect (or if there have been modifications. that the same is in full force and effect as so modified); stating the dates to which rent and other charges payable under this Lease have been paid, ,stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as landlord shall reasonably require. 19. Record Keepina and Reconciliation. A. Both landlord and Tenant agree that each shall keep accurate records for the purposes of accountability to each other in their perspective roles as they relate to Sections 6 and 7 of this Lease Agreement. The landlord shall track the monthly utility costs for the operation of the leased Premises and the Tenant shall track the costs of all improvements made to the building situated on the leased Premises. Each shall meet at least twice a year to review, confirm, and mutually accept their respective credits. At the time of reconciliation both parties may also agree to a cash payment in lieu of additional credits, if the amount of the accumulated credits exceeds $10.000 at the time of any reconciliation. B. Not withstanding the above, the landlord also agrees to reimburse the Tenant for actual out of pocket expenses incurred by Tenant in support of the agreed to services which are delivered in accordance with this Agreement. 5