07-13-15 Agenda, Packet & Committee Meeting Notice

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replacements, and extensions thereof, and to all advances made or hereafter to be made on the security of any such mortgage. Notwithstanding the foregoing, the mortgagee under any such mortgage may recognize this Master Lease and, in the event of a foreclosure sale under such mortgage or conveyance by deed in lieu of foreclosure, this Master Lease shall continue in full force and effect at the option of the mortgagee or purchaser under any such foreclosure sale or deed in lieu thereof. 8. Assignment and Subletting. Neither Tenant nor Landlord may assign or transfer all or any part of its right and interest under this Master Lease without the prior written consent of the other party. However, the Tenant shall have the right to assign or transfer all or any part of its right and interest under this Master Lease, and may sublet or permit the use and occupancy of all or any part of the Premises (subject, however, to rights of Landlord hereunder) without the written consent of the Landlord to any legal affiliate or department of the City of South Bend. In the event of any subletting of the space to any legal affiliate or department of the City of South Bend, the Tenant shall pay market rent plus all operating expenses and utilities incurred as a part of its occupancy of the Premises as referenced in Section 5 above. 9. Untenantability. If the Premises or the Building are made untenantable by fire or other cause, the Landlord may elect (a) to terminate this Master Lease as of the date of such casualty by notice to the Tenant within thirty days after that date, or (b) to repair all damage to the Premises or the Building so that the same shall be restored to such condition as existed immediately prior to such damage. If the Landlord elects to terminate this Master Lease, the Rent shall be abated on a per -diem basis and be paid to the date of the fire or casualty. If the Landlord elects to restore the Premises and Building, such restoration shall be completed with reasonable promptness and Rent shall abate during such period of repair. Notwithstanding anything contained in this Section 9 to the contrary, if the Premises are not or cannot be made tenantable within 90 days after the date of the casualty for any reason whatsoever, the Tenant may terminate this Master Lease. 10. Alterations. Tenant shall not make any alterations or additions to the Premises which affect the exterior of the Premises or its structural components, the roof or any major building system without the prior written consent of the Landlord. 11. Repairs. Tenant shall have no obligation to perform repair or maintenance on the Property. 12. Environmental Condition. Landlord warrants to the Tenant that no environmental contamination currently exists on the site due to the handling or disposal of hazardous substances. The Landlord will provide a Phase I Environmental Site Assessment for review by the Tenant prior to breaking ground on construction of the Premises. 13. Rights Reserved to Landlord. Landlord reserves all rights incident to its ownership of the Building, including, but not limited to, the right (a) to change the name or street address of the Building without notice or liability; (b) to install and maintain signs on the exterior of the Building; (c) to designate all sources furnishing sign painting and lettering used on the Premises; (d) to decorate, remodel, repair, alter, or otherwise prepare the Premises for re- occupancy; (e) to have pass keys to the Premises; (f) to exhibit the Premises; (g) to take any and MASTER LEASE PAGE 5