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~~<<;~;~4 ,~a~.r i~~i ~~~~1423 F~~.F 3~4
- Pua~aplu Z3, 24
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stitnte an eviction or constructive eviction, failnre of cousideration,
• failure of title, or commercial frustrntio~ of pnrpose, or any damage
to or destrnetion of any or all of the Leased Parcels, or the taking by
~ eminent domain of title to or the right of temporary nse of all or any
of the Leased Parcels, or any change in the tax or other lawa of tLe
IInited Statea, or any ~$tate, or any political anbdivision thereof,
or any failnre of . Properties to perform and observe any agreement ;
or covenant, whether ezpress or implied, or to discharge any dnty,
liability or obligation arising out of or connected with thia Lease. _
Notv~itl~standing the foregoing, the Company may, at ita own cost and `
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~ ezpense, and in its name or in the name of Propertiea, proaecnte or !
defend any action or proceeding or take any other action in the eaercise
of its rigLts herennder. The provisions of the first and second sentences '
of this Paragraph 23 shall apply only if and so long as there shall be
' nnpaid any principal, interest or preminm, if any, «itL respect to the
i
i Notes, adequate provision for the payment of which shall not have been
E made pnrsaant to Section 1001 of tLe Indenture, and nothing contained
~ in snch aentencea shall be conatraed -to affect adversely or to impair ~
~ the optional right to pnrchase any or all of the Leased Parcels granted
~ to the Company in Puragraph 19 hereof. Fnrthermore, -eacept to the
eztent provided in the first and second sentences of this Paragraph 23,
nothing contained herein shall be constrned to prevent or restrict the `
Company from asserting any righta which it may have against i
Properties (or the Trnatee or the party or parties for whom the .
Trustee is acting pursuant to this Lease) nnder this T.ease or nnder
any provision of law not expressly ~aived herein. ~
~ 24. Fosoa M~vas.
~ In case by reason of force majenre any party hereto ~hall be
- rendered unable wholly or in part to carry ont it8 obligationa under this
~ Lease (other than the obligationa of the Company to make the rental
~ payments or any other payments reqnired nnder the terms hereof), then,
eacept as otherwiae ezpreaaly provided in this Lease, ii euch party ehall
~ give notice and fnll particnlara of Bnch force majenre in writing to the
~ , other partiea within a reasonable time after occnrrence o! the event or
~ canse relied on, the obligations of the party givin~ such notice, so far as
~ they are affected by ~nch force majeure, shall be anspended during th~
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