Courthouse Square Agreements (compiled notebook)

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entitled to the entire award made for such use; provided that Lessee shall be entitled to ifile and prosecute any claim against the condemnor for damages and to recover the same, for any neglig~nt use, waste, or ~ injury to the Premises or the Improvements throughout the balance of the then-current '~'erm. The amount of damages so recovered shall belong to Lessee. 18.2 In the event of any dispute between Lessee and Lessor with respect t any issue of fact arising out of a taking mentioned in this section, such dispute shall be resolved by the sa e court in which the condemnation action is brought, in such proceedings as may be appropriate for th adjudicating the dispute. , Section 19. Assignment and Subletting ' 19.1 Until the Project is substantially completed, Lessee shall not sell, assi ~n, or in any other manner transfer this Lease or any interest in this Lease or the estate of Lessee under this~Lease without the prior consent of Lessor, which consent shall not be unreasonably withheld or delayed. fter the Project is completed, there shall be no restriction on Lessee's right to sell, assign, or in any manner ransfer this Lease or any interest in this Lease or the estate of Lessee or rent, sublet, sublease, or underlet t e Premises or the Improvements, except as set forth below. I 19.2 Lessee shall have the right to sublet portions of the Premises and/or of }he Improvements at any time and from time to time, but only for a term or terms that shall expire before th~ expiration of the Term, and provided that each such sublease shall be in writing and shall be subject and ubordinate to the rights of Lessor under this Lease. I 19.3 When this Lease terminates, Lessor shall recognize and not disturb th~ quiet enjoyment of any sublessee if (1) the sublease is then free from default; (2) the sublease is in all m terial respects in the form of a sublease approved by Lessor; (3) the sublessee executes the attornment ag~eement described below in this section; and (4) the sublease has a fair market rent. The Lease will be dee ed to have a fair market rent if Lessee delivers to Lessor a certificate of an independent real estate appraiser who is a member of the American Institute of Appraisers, or other similar organization, containin the appraiser's certification that the rent payable by the sublessee under its sublease as of its date of exec tion, after taking ~; into account any credits, offsets, deductions, or concessions to which the sublessee ay be entitled, constituted the then-fair rental value of the subleased space. As a condition of Lessor's ondisturbance of the sublessee, it shall deliver to Lessor an attornment agreement confirming that the suble see will attorn to Lessor and recognize it as the sublessee's Lessor under the terms of the sublease. Upo such attornment and satisfaction of the other nondisturbance requirements set forth above, the sublease sha 1 continue in full force and effect as a direct lease between the sublessee and Lessor on all the terms conditions, and covenants as are set forth in the sublease except that Lessor shall not (1) be liable for a y previous act or omission of the sublessor; (2) be subject to any offset, deficiency, or defense that shall ha e accrued to the sublessee against the sublessor; (3) be bound by any previous prepayment of more than one month's rent unless such modification or prepayment shall have been expressly approved in writing by Lessor; or (4) be liable for commencing or completing any construction or any contribution toward construction or installation of any improvements on the Premises required under the sublease, or a y expansion or rehabilitation of existing improvements on the Premises, or for restoring improvemen s following any casualty not required to be insured under this Lease, or for the costs of any restoration in excess of the proceeds recovered under any insurance required to be carried under this Lease. On req est, Lessor shall confirm in a separate written agreement with any qualified sublessee the nondisturba ce obligation of Lessor as set forth in this section. Section 20. Default; Remedies ' 20.1 The occurrence of any one or more of the following events of default constitutes a breach of this Lease by Lessee: , ( a) If Lessee defaults in the payment of Rent due and payable by essee, and such default continues for 30 days after Lessor has given Lessee a notice specifying the same; o ~• Ground Lease Courthouse Square Page - 11 0919970302