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18. Condemnation, If (i) all or a substantial portion of the Building or the Premises, and/or (ii) so
<br />much of the parking area, means of access, or the Land such that the remaining portion(s) materially
<br />and adversely affect Subtenant's use, is taken for any public or quasi - public use by right of eminent
<br />domain or otherwise (including a sale in lieu of condemnation), such that Subtenant can no longer
<br />conduct its business at the Premises on a reasonable and prudent basis, Subtenant may terminate this
<br />Sublease by giving written notice of termination to Sublessor within 90 days after such taking. In
<br />such event, this Sublease shall terminate as of the date of such taking (but Subtenant shall be afforded
<br />a reasonable period of time (not to exceed 30 days) to vacate the Premises). All proceeds from any
<br />taking or condemnation of the Building, Land and /or Premises shall belong to and be paid to
<br />Sublessor. Nothing contained herein, however, shall prevent Subtenant from seeking a separate award
<br />from the condemning authority for any loss of Subtenant's personal property and equipment, moving
<br />expenses, leasehold interests, or other losses relating to Subtenant's business so long as such separate
<br />award shall not result in a reduction of proceeds payable to Sublessor.
<br />19, Force Majeure. If either Sublessor or Subtenant is delayed or prevented from completing the
<br />performance of any obligation under this Sublease by reason of accident, fire, act of God, public
<br />enemy, injunction, riot, strike, lockout, insurrection, war, court order, requisition or order of
<br />governmental body or authority, inability to procure labor or materials from normally available
<br />sources, or by any other cause without its fault and beyond its reasonable control (financial inability
<br />excepted), completion will be excused for the period of such delay and the date of completion will be
<br />extended for the period of such delay provided notice of the occurrence or encountering of such cause
<br />is given to the other party within 10 business days after such occurrence or encounter and notice of the
<br />duration of such cause is given within 10 business days after the cessation of such cause.
<br />20, Subordination /Non - Disturbance. Subtenant agrees that this Sublease is subject and subordinate
<br />to the terms and conditions of the lease by and between Prime Lessor and Kannapolis Land, Inc.,
<br />including without limitation, all terms and conditions pertaining to all mortgages which may now or
<br />hereafter affect or encumber all or any portion of the Land. Upon request of Sublessor, Subtenant
<br />shall execute and deliver any agreement subordinating this Sublease and Subtenant's interest in the
<br />Premises to any mortgage upon the Land, provided that the holder of the mortgage shall agree in
<br />writing not to disturb Subtenant's tenancy if there is no Subtenant default hereunder. Subtenant shall,
<br />from time to time, upon ten (10) days prior written request from Sublessor, cause to be executed,
<br />acknowledged and delivered a certificate stating this Sublease is in full force and effect, the amount of
<br />Rent, the dates to which Rent has been paid and stating that, to the knowledge of the signer of such
<br />certificate, either that no default exists under this Sublease or specifying each such default of which
<br />the signer has knowledge. Generally, so long as Subtenant is not in default hereunder, any Land
<br />mortgagee or any purchaser at a foreclosure of the mortgage shall not disturb Subtenant's possession
<br />of the Premises so long as Subtenant attorns to such mortgagee or purchaser at foreclosure.
<br />21. Sublessor Default, Except as set forth herein, Sublessor's failure to perform or observe any of its
<br />material obligations under this Sublease within 30 days after receipt of written notice from Subtenant
<br />of such default (or within such other reasonable length of time if Sublessor has begun earnest efforts to
<br />cure such default within the thirty day period) shall be deemed to be a Sublessor Default hereunder.
<br />The written notice from Subtenant shall give reasonable detail regarding the nature and extent of the
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<br />F -2 Page 59
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