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6.F.(1) Sub-Sublease with Kite Realty Eddy Street Garage
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6.F.(1) Sub-Sublease with Kite Realty Eddy Street Garage
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11/18/2008 4:06:44 PM
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the Demised Tcrm, and (iii) upon the expiration or termination of the Demised Terns, all right <br />title, title and interest in and to the Demised Premises shall belong to and immediately vest in <br />Tenant and neither Landlord nor the Master Tenant shall be entitled to any payment or other <br />consideration therefor. Nothing in this Article IX shall be deemed to restrict or otherwise limit <br />Tenant's (or an affiliate of Tenant) right to mortgage the Demised Premises (whether as "Tenant <br />under this Lease or as landlord under the Master Lease). <br />ARTICLE X. <br />DEFAULTS AND REMEDIES <br />Section 10.1. DEFAULTS BY 1TNANT. <br />(A) Each oT the following shall be an "Event of Default" hereunder: (i) the failure of <br />Tenant to pay }3asic Rent or any other amount contemplated hereby within 10 days after receipt <br />of written notice from Landlord that the same is due, or to perform any other of its covenants <br />under this Lease within 30 days after receipt of written notice from Landlord; provided, that if <br />any such claimed failure cannot be cw~ed within 30 days, Tenant shall have such longer period of <br />time as may be necessary to cure such failure so long as Tenant is diligently pursuing appropriate <br />action to cure the failure; and (ii) any breach of a representation of warranty by Tenant under this <br />Lease. <br />(B) If there shall be an Event of Default by Tenant, Landlord, after 10 days following <br />an additional written notice fi-om Landlord to Tenant, may, as its sole and exclusive remedy, cure <br />the Event of Default for the account and at the expense of Tenant. Any money spent or cost or <br />expense incurred by Landlord in curing such default for the account of Tenant shall be <br />reimbursed by Tenant to Landlord within 10 days following demand therefor. In no event shall <br />Landlord have the right to terminate this Lease. <br />ARTICLE XI. <br />ACCESS TO PRL,MISES <br />Landlord shall have the right to enter upon the Demised Premises during all regular <br />business hours for the purpose of inspecting the same to determine that Tenant is fully <br />performing all of its obligations under this Lease. `hhe exercise of the rights of Landlord in this <br />Article XI shall not be an eviction of Tenant. <br />ARI~ICI_,1 Xll. <br />NO"fICES <br />A notice, demand. or other communication under this Lease by either party to the other <br />shall be deemed given or delivered three business days after being deposited for registered or <br />certif ed mail, postage prepaid, return receipt requested, one business day after being deposited <br />overnight delivery, or on the date of personal delivery, and <br />-8- <br />
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