8863-16 lease agreement with Cleveland Clinic for 1450 Belle Ave Suite 300

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reason of Tenant's default, brokerage commissions, and the cost of repairs, renovation or alteration of the Premises, and the balance to the payment of Rentals and all other sums due from Tenant hereunder, with Tenant remaining liable for any deficiency. Landlord's obligations pursuant to this paragraph 13.3 shall be subject to the reasonable requirements of Landlord to develop in a harmonious manner the real estate of which the Premises are a part. 14. SURRENDER OF PREMISES On the Lease Termination, Tenant covenants to peacefully yield up and surrender the Premises broom clean and in good order, repair and condition, reasonable wear and tear and damage from fire and casualty loss and damage due to Landlord's negligence excepted, and to remove all Tenant's property and all Alterations required or permitted to be removed under the provisions of Section 6 hereof. 15. ATTORNEYS' FEES 15.1 Party to Lisiaation: If either party becomes a party to any litigation concerning this Lease or the Premises by reason of any act or omission of the other party or Its authorized representatives (the "Innocent Party "), then the Innocent Party shall be entitled to be reimbursed by the other party hereto for reasonable attorneys' fees and court costs incurred by the Innocent Party in the litigation. 15.2 Prevailing Party: If either party commences an action against the other in connection with this Lease or the Premises, the prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees and costs of suit, 16. SUBORDINATION 16.1 Subordination to Mortgagees: Tenant agrees that upon the request of Landlord it will subordinate this Lease to the lien of any mortgage which may hereafter exist for which the Building or Landlord's Interest in this Lease is pledged as security. Landlord agrees that It shall use reasonable efforts to obtain from any mortgagee which requires that this Lease be subordinated, a non - disturbance agreement whereby such mortgagee shall agree: (a) to recognize the Interest of Tenant under this Lease; (b) that so long as Tenant shall perform its obligations under this Lease the rights of Tenant hereunder shall remain in full force and effect; and (c) that Tenant's occupancy of the Premises under this Lease will not be disturbed in the event of foreclosure or other action taken under the mortgage. Tenant shall execute and deliver to Landlord all instruments Landlord reasonably deems necessary to evidence and give effect to any such subordination, provided that no such instrument shall alter any of the terms, covenants or conditions of this Lease, In the event of a foreclosure sale or a deed given in lieu of foreclosure, Tenant shall on written request of such purchaser or grantee attorn to the purchaser or grantee, as the case may be. 10