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14-C2
(b) At any time and from time to time, Tenant may sublet a portion of the
leased premises, to any person, firm or corporatlon, other than a corporatlon descrlbed
In Sectlon (a) hereof, for any lawful purpose not in violation of any then existing
exclusive use restrlctlons theretofore granted by Landlord to any other tenant in
said Shopping Center. In such case the cash receipts of sales of such subtenant (but
not the sub-rentals.pald by such sub-tenant), shall be included !n the cash receipts
of sales of Tenant as defined to Section (b) of Artlcle 2. Landlord shalt, from time
to time and within 30 days after request from Tenant, advise Tenant of any Ruch
exclusive use restrictions and if Landlord shall fall to do so !t shall be
conclusively presumed that there are no such restrlctlons.
(c) At any time and from time to time, Tenant may discontinue the operation
of its store !n the leased premises. If Tenant shall desire to sublet the leased
premises, Tenant shalt send Landlord notice thereof, which notice shall include the
name and address of the proposed subtenant and the use intended for the premises.
landlord shall have the right within 30 days after receipt of the notice, to cancel
this lease as of the last day of the following calendar month. IE this lease is not
so cancelled, Tenant may sublet all or parts of the leased premises to any persons,
firms or corporations, other than a corporatlon descrlbed in Sectlon (a) hereof, for
any lawful purpose not in violation of any then existing exclusive use restrlctlons
theretofore granted by Landlord to any other tenant in said Shopping Center. In such
case Tenant shall pay to Landlo rd as annual rent for the leased premises for tl~e
remainder of the term hereof, Ln lieu of both the fixed and additional percentage
rents provided In Article 2, a fixed amount equal to the fixed and additional
percentage rents paid by Tenant during the lease year immediately preceding such
subletting; such amount to be payable in equal monthly installments in advance on the
first day of each and every month. landlord shall, from time to time and wlthln 30
days after request from Tenant, ad else Tenant !n writing of any such exclusive use
restrlctlons and if Landlord shall fail to do so it shall be conclusively presumed
tl~a t tl~e re are no such res t r is t tons . -
Notwltlcstandlnp, any assignment, re-assignment or subletting as above
provided, Walgreen Co. shall not be released from liability under this lease.
FIRr; ~ -
15. (a) If the leased premises or tl~e building containing the same be damaged
or destroyed by fire or other casualty, then [~~ndlord, forthwith and with due diligence,
shall repair and restore Bald building and premises to their condition Immediately ~
prior to such damage or destruction; and file rents shall abate proportionately
according to the extent of suci~ damage or destruct ion. Under no circumstances steal I
either Landlord or Tenant be liable for any loss or damage to the property of the other
resulting from Eire or other casualty. ~
(b) If the damage or destruction referred to Ln Sectlon (a) hereof amounts ~
to at least 25X of the leased premises and occurs daring the Iasi two years of the
entire term of this lease or during the last two years prior to any optional
~termination date under Sectlon (b) of Artlcle 3, then and !n such events, both
Landlord and Tenant shall each have tine right and option, at the elect ton of either
of them, to terminate this tease effective as of tl~e date of such happening; and any ~
unearned rents ~pald in advance shall be refunded. Landlord shall not have the right
to exercise the option under tills Section during any period which shall be toss than
twenty-four months and more than six months prior to any optional termination date ~
under Sectlon (b) of Artlcle '3 if Tenant shall, wlthln one month after such happening,
advise Landlord that Tenant will not exercise Tenant's option under Sectlon (b) of
Article 3 to terminate this lease as of the next optional termination date thereunder,
anct, further, Landlord shall have the right t~ exercise [he option under this Section
ciuring any period which shaft he six months or less prior to any optional termination
date under Section (b) of Artlcle 3 only If Tenant shall have theretofore exercised
Tenant's option under Section (b) of Artlcle 3 to terminate this lease as of the next
optional termination date thereunder. If this lease shall not be so terminated, the
building and premises shall be repaired and restored as hereinbefore provided. irVIT1AL
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BOOK P1GE~~Q
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