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

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Attornment Agreement (the "SNDA') or any other agreement which confirms the provisions contained in this section, the contents of which shall be subject to Tenant's approval. 18. Default and Remedies. (a) Default by Tenant. Tenant's failure to pay the whole or any portion of any monthly installment of Rent or any other payments to be made by Tenant to Landlord at the time when the same become due hereunder for more than ten (10) business days after Tenant receives notice of such failure from Landlord shall constitute an event of default ( "Default') by Tenant under this Master Lease. (b) Remedies of Landlord. At any time following a Default under this Master Lease, Landlord shall have the following rights and remedies: Landlord may sue Tenant for the specific performance of any of the obligations undertaken by it in this Master Lease or for any injunctive or other equitable relief, for the recovery of possession of the Premises, or for any loss or damage sustained by Landlord as a result of Tenant's Default provided however, that in no event shall Tenant be responsible for the payment of Rent not yet due under the terms of this Master Lease. Landlord's failure to exercise or enforce any right or remedy provided for in this Master Lease shall not limit Lender's right to exercise and enforce any such right or remedy. 19. Right of Termination. The Landlord shall have a perpetual right to terminate Tenant's leasehold on all or any portion of the Premises at any time during the Term by providing thirty (30) days written notice to Tenant. 20. Miscellaneous. (a) Severability. If any tern or provision of this Master Lease, or the application of any term or provision of this Master Lease to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Master Lease, or the application of this Master Lease to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. (b) Other Necessary Acts. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to accomplish the lease contemplated by this Master Lease and to provide and secure to the other parties the full and complete enjoyment of its rights and privileges hereunder. Notwithstanding the foregoing, the parties understand and agree that certain actions contemplated by this Master Lease may be required to be undertaken by persons, agencies or entities that are not a party to this Master Lease, including, but not limited to certain permits, consents and/or approvals (to the extent they have not yet been obtained and completed), and that any action by such third parties shall require independent approval by the respective person, agency, entity or governing body thereof. (c) Waiver of Jury Trial. The parties acknowledge that disputes arising under this Master Lease are likely to be complex and they desire to streamline and minimize the cost of resolving such disputes. In any legal proceeding, each party irrevocably waives the right to trial by jury in any action, counterclaim, dispute or proceeding based upon, or related to the subject matter of this Master Lease. This waiver applies to all claims against all parties to such actions and proceedings. This waiver is knowingly, intentionally and voluntarily made by both parties. MASTER LEASE PAGE