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Indemnity:
<br />10. Tenant hereby agrees to defend and save haYmless Landlord from and against any and all
<br />loss, cost, damage, or expense, including attoYney's fees, of any nature whatsoever arising out of or
<br />connected with the use or occupancy of the demised premises by tenant, the materials or things
<br />maintained or kept by tenant, its agents, employees and contractors, in or on the demised premises,
<br />the approaches thereto and the common areas thereof, or arising or alleged to have arisen out of the
<br />acts or omissions of tenant's officexs, agents, employees and contractors.
<br />Destruction:
<br />11. If the premises heYeby leased are damaged or destroyed in whole or in part by fire or other
<br />casualty ordinarily insuYable under full standard extended coverage insurance in Ohio during the
<br />term hereof, Landlord will repair and restore the same to good tenantable condition with reasonable
<br />dispatch, and the rent herein provided shall abate entirely in case the entire premises are
<br />untenantable, and pro rata for any portion rendered untenantable in case a part only is untenantable,
<br />until the same shall be xestored to a tenantable condition; provided, however, that if tenant, its agent,
<br />employee ox contractor shall fail to adjust its own insurance or to remove its damaged goods, wares,
<br />equipment or property within a reasonable time, and as a result thereof the repairing and restoration
<br />is delayed, there shall be no abatement of rental during the period of such resulting delav; and
<br />provided further that there shall be no abatement of rental if such fire, or other causes damaging or
<br />destroying the leased premises shall result from the act or omission of Tenant, its agent, employees
<br />or contractor; and provided further that if tenant shall use any part of the leased premises for
<br />storage or other useful purpose during the pexiod of repair a reasonable charge shall be made
<br />therefore against Tenant; and provided further that in case the leased premises, or the building of
<br />which they axe a part, shall be destroyed to the extent of more than one-half of the value or
<br />replacement cost thereof, Landlord may at its option terminate this lease forthwith by written notice
<br />to Tenant.
<br />Eminent Domain:
<br />12. Should any substantial portion of Tenant's space hereunder be taken by any public authoritv
<br />under power of eminent domain, then the term of this lease shall cease as of the day possession shall
<br />be taken bti such public authority and Tenant shall be entided to a pYO Yata refund of an}- rental paid
<br />in advance for that period. All damages awarded for such taking shall belong to and be the propem
<br />of Landlord irrespective of the basis upon which they are awarded.
<br />Assignment Subletting and Subordination:
<br />13. Tenant agrees not to assign or in any manner transfer this lease or any estate or interest
<br />therein without the pYevious written consent of Landlord, and not to sublet said premises or anv
<br />part or parts thereof or allow anyone to use or to come in with, through or under it without like
<br />consent. Landlord will not unreasonably withhold Tenant's ability to sublease. Consent to one or
<br />more assignments of this lease or subletting of said premises should not operate to exhaust or waive
<br />Landlord's rights under this paragraph. Landlord may assign this lease, or the rentals paid
<br />hereunder, or both, in its sole discretion, as additional security for any mortgage or trust deed on the
<br />demised premises or otherwise, and LandloYd also reserves the right and Tenant hereby agrees that
<br />this lease may be subordinated to any mortgages or trust deeds which may hereafter be placed upon
<br />said premises and to any and all advances to be made thereunder, and to the interest thereof, and all
<br />renewals, replacements, and extensions thereof, provided that the mortgagee or trustee, named in
<br />said mortgages or trust deeds shall agree to recognize the lease of Tenant in the event of foreclosure
<br />while "Tenant is not in default. If any moYtgagee oY trustee elects to tYeat the lease as a prior lien to
<br />its mortgage or deed of trust, then upon due notice to Tenant to that effect this lease shall be
<br />deemed prior in lien to the said mortgage or trust deed, whether or not this lease is dated prior to or
<br />subsequent to the date of said mortgage ox trust deed.
<br />Tenant's Default:
<br />14. If any rental or other charge payable by tenant to Landlord hereunder shall remain unpaid
<br />for more than ten (10) days after the same is due, or if Tenant shall fail or refuse as promptlN, as
<br />reasonablv possible, and in any event within thirty (30) days, to cure or cause to be cured any breach
<br />or default of the covenants, agreements or conditions hereof or of any rules or regulauons
<br />hereunder after written notice to it from Landlord specifying the nature of such breach or default,
<br />then Landlord may, in its sole discretion, declare this lease defaulted and terminated and re-enter and
<br />repossess the demised premises with or without legal process, using such force as may be necessar\?
<br />to remove all persons and chattels therefrom, and Landlord shall not be liable in damages or
<br />otherwise by reason of such re-entry or forfeiture, but Tenant shall nevertheless remain liable for
<br />payment of all rentals herein reserved for he balance of the lease term herein provided. Landlord's
<br />remedies hereunder and otherwise shall be cumulative, independent and non-exclusive, and tenant
<br />shall pay, in addition to any rentals and other sums due hereunder, such additional sums as the court
<br />mav adjudge reasonable as attorney's fees and expenses in any, action or judicial proceeding for the
<br />enforcement of this lease or the collection of rentals hereunder, or both.
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