AG 2005 11 21 - Laserfiche WebLink

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and businesslike manner as a result ofthe condition ofthe Building or Premises, the services to the Building, or caused by an interruption thereof because of reconstruction activities, all Rent and Additional Rent shall abate. To the extent and during the time that only a portion of the Premises is tenantable and to the extent that Subtenant is able to conduct its business therefrom in a reasonable, prudent and businesslike manner, Subtenant shall receive a fair diminution of Rent based on an estimated percentage of unusable space in the Premises. In the event Sublessor fails to deliver to Subtenant a Landlord's Notice within the required 45 business day period as to whether or not the damage can be repaired within the Restoration Period, Tenant shall have the right any time after the expiration of the 45 business day notice penod 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 portiones) 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 oftime (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 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 losse$ relating to Subtenant's business so long as such separate award shall not result in a reduction of proceeds payable to Sublessor. 19. Force Majeure. Ifeither Sublessor or Subtenant is delayed or prevented from completing the performlmce 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/No,-Disturbance. Subtenant agrees that this Sublease is subject and subordinate to the terms and conditions ofthe 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 ofthe 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, provide~ that the. holder of the mortgage shall agree in writing not to F-'l'