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term/sating this lease may enter upon and rent the premises, in whole or in pert, at the best price obtainable <br />by reasonable effort, without advertisement and by private negotiations and for any term Landlord deems <br />proper, with Tenant being liable to Landlord for the deficiency, if any, between Tenant's rent hereunder and <br />the price obtained by Landlord on reletting, provided, however, that Landlord shall not be considered to be <br />under any duty by reason of this provision to take any action to mitigate damages by reason of Tenant's <br />default. However, a default, except to rental, shall be deemed cured if tenant, in good faith, con, encee <br />performance requisite to cure same within ten (10) days after receipt of notice and thereafter continuously <br />and in reasonable diligence proceeds to complete the performance required to cure such default. <br /> <br />E~'~a~IOR SIGNS <br /> <br />18. <br /> <br />Tenant shall place no signs upon the outside walls or roof of the Prem/ses except with the written consent <br />of the Landlord. Any and ell signs placed on the Pram/sas by Tenant shall be maintained in compliance with <br />governmental rules and regulations governing such signs and Tenant shall be responsible to Landlord for any <br />damage caused by installation, use or maintenance of said signs, and all d~m~ge incident to such removal. At <br />no additional cost to tenant, Landlord shall provide signage and adequate perking space for the premises, ae <br />per Exhibit B. <br /> <br />LANDLORD'S ~wlu~Y OP PR~4ISES <br /> <br />19. <br /> <br />Landlord may card the Premises "For Rent" or "For Sale" sixty (60) days before the termination of this Lease. <br />Landlord may enter the Premises at reasonable hours to exhibit same to prospective purchasers or tenanta and <br />to make repairs required of Landlord under the terms hereof or to make repairs to Landlord's adjoining <br />property, if any. <br /> <br />20. No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect <br /> Landlord's right to collect rent for the period prior to termination thereof. <br /> <br />MO~'C, AG'EE ' S RIGHTS <br /> <br />21. <br /> <br />Tenant's rights shall be subject to any bona fide mortgage or dead to secure debt which is now or may <br />hereafter be placed upon the Premises by Landlord. Tenant shall, if requested by Landlord, execute a separate <br />agreement reflecting such subordination. <br /> <br />22. <br /> <br />So long as Tenant observes and performs the covenants and agreements contained herein, it shall at all times <br />during the Lease term peacefully and quietly have and enjoy possession of the Premises, but always subject <br />to the terms hereof. <br /> <br />NO ESTATE IN ~ <br /> <br />23. <br /> <br />This Lease shall create the relationship of Landlord and Tenant between the parties hereto. No estate shall <br />pass out Of Landlord. Tenant has only a usufruct not subject to levy and sale, and no assignable by Tenant <br />except by Landlord's consent. <br /> <br />HOLDING OVeR <br /> <br />24. <br /> <br />If Tenant remains in possession of the Premises after expiration of the term hereof, with Landlord's <br />acquiescence and without any express agreement of the parties, Tenant shall be a tenant at will at the rental <br />rate which is in effect at end of this Lease and there shall be no renewal of this Lease by operation of law. <br />If Tenant remains in possession of the Premises after expiration of the term hereof without Landlord's <br />acquiescence, Tenant shall be a tenant at sufferance and commencing on the date following the date of such <br />expiration, the monthly rental payuble under Paragraph 3 above shall for each month, or fraction thereof <br />during which Tenant so remains in possession of the premises, be twice the monthly rental otherwise payable <br />under Paragraph 3 above. <br /> <br />25. <br /> <br />In the event that any action or proceeding is brought to enforce any term, covenant or condition of this Lease <br />on the part of Landlord or Tenant, the prevailing party in such litigation shall be entitled to recover <br />reasonable attorney's fees to be fixed by the cour~ in such action of proceeding. Furthermore, Landlord and <br />Tenant agree to pay the attorney's fees and expenses of (1) the other party to thia Lease (either Landlord <br />or Tenant) if it is made a party to litigation because of its being a party to this Lease and when it has not <br />engaged in any wrongful conduct itself, and (2) of Agent if Agent is made a party to litigation because of <br />its being a party to this Lease and when Agent has not engaged in any wrongful conduct itself. <br /> <br /> <br />