9037-18 - Lease with Cleveland Clinic at 1450 Belle, Suite 220

Home Browse Search

satisfactory, provided that at all times Landlord acts in a commercially reasonable manner. In the event of any reletting, Landlord shall apply the rent therefrom first to the payment of Landlord's expenses, including attorneys' fees incurred by 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 Rent 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. 13.4 Landlord's Default: It shall be deemed a Default by Landlord hereunder if Landlord shall default in the covenants, agreements, conditions or undertakings herein contained to be kept, observed and performed by the Landlord and such default shall continue for thirty (30) days after notice thereof in writing to the Landlord. Should Landlord's default occur, Tenant shall be entitled to pursue any remedies at law or in equity including, but not limited to, termination of this Lease. 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 Litigation: 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 Contract ID 4164829 10