6.F.(1) Sub-Sublease with Kite Realty Eddy Street Garage

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modifying this Lease, to the extent such modification shall not affect the tax-exempt status of any outstanding Bonds or materially affect the rights of the Master 'T'enant and Landlord under the Sublease. Section 16.5. NON-WAIVER. No delay or omission to exercise any right or power by either party shall impair any such right or power, or be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term or condition of this Lease by either party shall not be construed by the other party as a waiver of a subsequent or continuing breach of the same covenant, term or condition. The consent or approval by either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Section 16.6. MEMORANDUM OF LEASE. The parties hereto a~rce to execute a memorandum of lease or short form lease in recordable form setting forth the dates of the Demised Term, a description of the Demised Premises and such other matters which, when such instrument is recorded, will give constructive notice to the world of "T'enant's rights in and to the Demised Premises, but omitting the precise terms of the Lease as to rent and other matters not necessary to give such constructive notice. Section 16.7. COMPLETE AGREEMENT. "The headings of the several Articles and Sections contained herein arc for convenience only and do not define, limit or construe the contents of such Articles and Sections. All negotiations, considerations, representations and understandings between the parties with respect to the subject matter hereof are incorporated herein, and may be modified or altered only by agreement in writing signed by the party to be bound. Section 16.8. CONSTRUCTION OF 'I~ERMS. Whenever the singular or plural number, or masculine, feminine or neuter gender, is used herein, it shall equally include the other, and the tertns and provisions of this instrument shall be construed accordingly. Section 16.9. AGREEMENT BINDING UPON SUCCESSORS. fhe covenants, agreements and obligations herein contained shall extend to, bind and inure to the benefit not only of the parties hereto, but their respective personal representatives, heirs, successors and assigns. Section 16.10. NE"I~ LEASE. Landlord and Tenant acknowledge that this Lease is intended to be an absolutely "Net Lease", which means that 1~enant pays as additional rent, without defense, offset, or deduction, all expenses of every nature and type connected with the Demised Premises. Section 16.11. GOVERNING LAW. This Lease shall be governed by and construed in accordance with the laws of the State of Indiana. Section 16.12. TIML; OF ESSENCE. Time shall be of the essence in the performance of every term, covenant and condition of this Lease. Section 16.13. ATTORNEYS' FEES. If it becomes necessary for either party to retain an attorney to initiate any legal proceedings in order to secure compliance with this Lease, then, in -12-