AG 2010 04 19 - Laserfiche WebLink

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contained herein, however, shall prevent Subtenant from seeking a separate award from the condemning authority for any loss of Subtenant's personal property and equipment, moving expenses, leasehold interests, or other losses relating to Subtenant's business so long as such separate award shall not result in a reduction of proceeds payable to Sublessor. 19. Force Maieure. If either Sublessor or Subtenant is delayed or prevented from completing the performance of any obligation under this Sublease by reason of accident, fire, act of God, public enemy, injunction, riot, strike, lockout, insurrection, war, court order, requisition or order of governmental body or authority, inability to procure labor or materials from normally available sources, or by any other cause without its fault and beyond its reasonable control (financial inability excepted), completion will be excused for the period of such delay and the date of completion will be extended for the period of such delay provided notice of the occurrence or encountering of such cause is given to the other party within 10 business days after such occurrence or encounter and notice of the duration of such cause is given within 10 business days after the cessation of such cause. 20. Subordination/Non-Disturbance. Subtenant agrees that this Sublease is subject and subordinate to the terms and conditions of the lease by and between Prime Lessor and Kannapolis Land, Inc., including without limitation, all terms and conditions pertaining to all mortgages which may now or hereafter affect or encumber all or any portion of the Land. Upon request of Sublessor, Subtenant shall execute and deliver any agreement subordinating this Sublease and Subtenant's interest in the Premises to any mortgage upon the Land, provided that the holder of the mortgage shall agree in writing not to disturb Subtenant's tenancy if there is no Subtenant default hereunder. Subtenant shall, from time to time, upon ten (10) days prior written request from Sublessor, cause to be executed, acknowledged and delivered a certificate stating this Sublease is in full force and effect, the amount of Rent, the dates to which Rent has been paid and stating that, to the knowledge of the signer of such certificate, either that no default exists under this Sublease or specifying each such default of which the signer has knowledge. Generally, so long as Subtenant is not in default hereunder, any Land mortgagee or any purchaser at a foreclosure of the mortgage shall not disturb Subtenant's possession of the Premises so long as Subtenant attorns to such mortgagee or purchaser at foreclosure. 21. Sublessor Default. Except as set forth herein, Sublessor's failure to perform or observe any of its material obligations under this Sublease within 30 days after receipt of written notice from Subtenant of such default (or within such other reasonable length of time if Sublessor has begun earnest efforts to cure such default within the thirty day period) shall be deemed to be a Sublessor Default hereunder. The written notice from Subtenant shall give reasonable detail regarding the nature and extent of the failure and identify the Sublease provision containing the obligations. In the event of Sublessor Default, Subtenant shall be entitled to terminate this Sublease upon thirty days prior written notice. 22. Subtenant Default. If Subtenant: (1) fails to pay any Rent, Additional Rent or any other sums of money due hereunder within 3 business days after the Due Date; or (2) fails to comply with any other provision of this Sublease after receipt of written notice from Sublessor; or (iii) there is a filing of any process of law in any action against Subtenant which impacts the Land; or (iv) becomes insolvent or unable to pay its debts as they become due or notifies Sublessor in writing that it anticipates either condition; or (v) files a petition under any section or chapter of the United States Bankruptcy Code as amended, or under any similar law or statute of the United States or any State thereof; or a petition shall be filed against Subtenant under any such statute, which is not dismissed within 30 days after the filing Page 6 of 9 F-5 A~~~~n~~ number 1