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B. Waiver. Except as otherwise provided in Article 14A hereof,Landlord and Tenant(each,a"Releasing
<br /> Party") shall not be liable to the other (each, a "Released Party") and each waives and releases the Released
<br /> • Party, its employees, agents and contractors, from all claims, liabilities and causes of action against the
<br /> Released Party, its employees, agents and contractors for all damage, injury to or loss or destruction of
<br /> person(s) or property (including, without limitation, all improvements, fixtures, equipment, supplies and
<br /> merchandise) sustained by the Releasing Party or its employees, agents and servants Fe6ulting f0em (I) any
<br /> Atha; tanalms in 4he Shopping Game covered by property insurance or coverable by a customary policy of
<br /> Insurance required by the terms of this Lease,even if such loss or damage shall have been caused by the fault
<br /> or negligence of the Released Party or anyone for whom such party shall be responsible. This waiver shall
<br /> include,without limitation,damage or injury to persons or property arising from steam,excessive heat or cold,
<br /> falling plaster, broken glass, sewage, gas, odors or noise, or bursting or leaking pipes or plumbing fixtures.
<br /> All property belonging to Tenant or any occupant of the Premises or the Shopping Center,including personal
<br /> property. inventory, equipment or trade fixtures in the Premises Including books. records files, computer
<br /> equipment, computer data money, securities, negotiable instruments or other papers shall be at the risk of
<br /> Tenant or such person only,and Landlord shall not be liable for damage thereto or theft or misappropriation
<br /> thereof.
<br /> ARTICLE 15: MECHANICS' LIENS
<br /> Tenant agrees to promptly pay all sums of money in respect to any labor,services,materials,supplies
<br /> or equipment furnished to Tenant in, at or about the Premises, or furnished to Tenant's agents, employees,
<br /> contractors or subcontractors,which may be secured by any mechanics',materialmens',suppliers'or other type
<br /> of lien against the Premises or the Landlord's interest therein. In the event any such lien or similar lien shall
<br /> be filed, Tenant shall within three (3) business days of receipt thereof, give notice to Landlord of such lien,
<br /> • and Tenant shall within ten (10) days after receiving notice of the filing of lien, discharge such lien by full
<br /> payment,deposit or bond; provided that if such discharge is made by deposit or bond, the form,amount and
<br /> terms of such deposit or bond shall be in all regards satisfactory to Landlord. Failure of Tenant to so
<br /> discharge the lien shall within fifteen(15)business days after notice thereof from Landlord constitute a default
<br /> under this Lease and in addition to any other right or remedy of Landlord, Landlord may, but shall not be
<br /> obligated to, discharge the same of record by paying the amount claimed to be due, and the amount so paid
<br /> by Landlord and all costs and expenses incurred by Landlord therewith, including reasonable attorney's fees,
<br /> shall be immediately due and payable by Tenant to Landlord. Nothing contained in this Lease shall authorize
<br /> or empower Tenant to do anything to encumber Landlord's title to the building of which the Premises are a
<br /> part, the Subject Parcel or the Shopping Center, or in any way subject Landlord's title to any claims of lien
<br /> or encumbrance whether claimed by operation of law or by virtue of any expressed or implied contract of
<br /> Tenant.
<br /> ARTICLE 16: ASSIGNMENT OR SUBLETTING
<br /> A. Tenant's Interest. Except as otherwise specifically provided in paragraph B of this Article 16,Tenant
<br /> may not in whole or in part assign this Lease, or sublet the Premises nor in any other manner transfer its
<br /> interest in the Lease or the Premises,voluntarily,involuntarily,by operation of law,or otherwise,without the
<br /> prior written consent of Landlord,which consent shall not be unreasonably withheld as provided in Article
<br /> 16B hereof. Notwithstanding any assignment,subletting or other transfer,Tenant shall remain fully liable on
<br /> this Lease and shall not be released from performing any of the terms, covenants and conditions hereof. If
<br /> Tenant is a corporation the stock of which is not listed on a recognized security exchange, then any transfer
<br /> of this Lease from Tenant by merger, consolidation or dissolution, or any change in ownership or power to
<br /> vote a majority of the outstanding voting stock of Tenant, shall constitute an assignment,whether the result
<br /> of a single transaction or series of transactions,and shall be subject to the provisions contained herein relative
<br /> • to assignment. Acquisition of all stock of Tenant by any corporation, the stock of which is listed on a
<br /> recognized security exchange, or the merger of Tenant into such corporation, the stock of which is so listed,
<br /> shall not be considered an assignment of this Lease. All rentals received by Tenant from its subtenants in
<br /> excess of the Rent payable by Tenant to Landlord under this Lease shall be paid 50% each to Landlord and
<br /> Tenant; and all sums to be paid by any assignee to Tenant in consideration of the assignment of this Lease
<br /> shall be paid 50%each to Landlord and Tenant;provided however,that Tenant shall be first entitled to deduct
<br /> from such excess its reasonable costs and expenses incurred in procuring said subtenant or assignee. No
<br /> consent to any assignment or subletting shall be deemed to waive the operation of this Article 16 as to any
<br /> subsequent assignment or subletting, each such subsequent assignment or subletting to require Landlord's
<br /> consent. PQ; a period of thi (39) Prior to any assignment or subletting by Tenant. and for a period of
<br /> fort�fortv®days after Tenant has given written notice to Landlord
<br /> sableminge€advising of Tenant's intent to attempt to assign or sublet all or a portion of the Premises,which
<br /> sublease,Landlord shall have the right by written notice to Tenant to terminate this Lease as to that portion
<br /> of the Premises which Tenant proposes to assign or sublease, such termination to be effective as at the
<br /> proposed effer-tive data- of;he assignment or. subleas sixty (60) days atter notice from Landlord to Tenant
<br /> 326559.8 Redlined V8 to V7 9.27-96 17
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