AG 2007 06 18 - Laserfiche WebLink

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Period, Tenant shall have the right any time after the expiration of the 45 business day notice period to terminate this Lease as of the date of the casualty. 18. Condemnation. If (i),all or a substantial portion of the Building or the Premises, and/or (ii) so much of the parking area, means of access, or the Land such that the remaining portion(s) materially and adversely affect Subtenant's use, is taken for any public or quasi-public use by right of eminent domain or otherwise (including a sale in lieu of condemnation), such that Subtenant can no longer conduct its business at the Premises on a reasonable and prudent basis, Subtenant may terminate this Sublease by giving written notice of termination to Sublessor within 90 days after such taking. In such event, this Sublease shall terminate as of the date of such taking (but Subtenant shall be afforded a reasonable period of time (not to exceed 30 days) to vacate the Premises). All proceeds from any taking or condemnation of the Building, Land and/or Premises shall belong to and be paid to Sublessor. Nothing contained herein, however, shall prevent Subtenant frqm seeking a separate award from the condemning authority for any loss of SubtenanYs personal property and equipment, moving expenses, leasehold interests, or other losses relating to SubtenanYs 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 a8er such occunence 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-I}isturbance. 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 SubtenanYs interest in the Premises to any mortgage upon the Land, provided that the holder of the mortgage shall agree in writing not to disturb SubtenanYs 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 foree 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 lmowledge. 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 SubtenanYs possession of the Premises so long as Subte~ant attoms 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 lengkh of time if Sublessor has begun 1--~