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f~ 4 •i (f) Lessor agrees that in the event of termination of this Lease by reason of any default t~y Lessee; Lessor will enter into a new lease of the Premises with the Pernutted Leasehold ~; Mortgagr:e or its nominee, for the remainder of the Term, effective on the date of such termination, at ~ the Rent and on the terms, provisions, covenants, and agreements contained in this Lease and subject ~ only to t~e same conditions of title as this Lease is subject to on the date this Lease is executed, and to ~ the right;>, if any, of any parties then in possession of any part of the Premises, provided: ( i) The Permitted Leasehold Mortgagee or its nominee shall make written request c~n Lessor for such new lease within 15 days after the date of termination indicated in~the notice of termu-ation given to Peimitted Leasehold Mortgagee and such written request shall be accompanied by payment to Lessor of Rent then due to Lessor under this Lease. ~ , . (ii) The Permitted Leasehold Mortgagee or its nominee shall pay to ~ Lessor, at the time the new lease is executed and delivered, any and all Rent that would be due at the ~ 3 rime of the execution and delivery of the new lease pursuant to this I.ease but for such termination, and in additi~~n any expenses, including reasonable attomey fees, to which Lessoi shall have been subjected by reaso:n of such default. - ~ - ~ • (iii) The Permitted Leasehold Mortgagee or its nominee shall assume, perform and observe all covenants contained in this Lease on Lessee s part to be performed and further shall remedy any other conditions that Lessee under the terminated Lease was obligated to perform; and _ ~,~~ on execution and delivery of such new lease, any subleases ttiat may have been assigned and transferred previously by Lessee to Lessor, as security under this Lease, shall then be held by Lessor as security for ,,, the perfc-rmance of all the obligations of Permitted Leasehold Mortgagee.as lessee under the new lease. {,. ; (iv) Lessor shall not warrant possession of the Premises or the Improve~nents t under the new lease. ~ (v) Such new lease shall be expressly made subject to the rights, if any, of Lessee under the terminated Lease. {`~ (vi) Permitted Leasehold Mortgagee as Iessee under such new lease shall ~~ ~ have the same right, tide, and interest in and to the Improvements on the Premises as Lessee had under the terminated Lease. ~. f ( g) Nothing contained in this Lease requires the Permitted Leasehold Mortgagee ~.~ or its nnminee to cure any default that occurs as a result of the status of Lessee, such as Lessee's bankrupl:cy or insolvency, or to discharge any lien, charge, or encumbrance against Lessee's interest in ~, this Lea:~e ~unior in prionty to the lien of the Permitted Leasehold Mortgage. }` ~t - . (h) The First Leasehold Mortgagee shall be given notice of any azbitration or other prc~ceeding or dispute by or between the parties and shall have the right to intervene and be made ~ a party 1:o any such arbitration or other proceeding. In any event, each Pemutted Leasehold Mortgagee ~,; shall re~ceive notice of, and. a copy of, any award or decision made in the arbitration or other • proceeding. ( i) Any Leasehold Award in respect of the Premises or Improvements shall be ~._~ paid to the First Leasehold Mortgagee for the benefit of the parties and applied in the manner specified in tlus Lease. i' ( j) No fire or casualry loss claims shall be settled and no agreement will be made ~- ~ in respe~~t of any awazd or payment in condemnation or eminent domain without in each case the prior writien <:onsent of the First Leasehold Mortgagee.. S ~, ~ ( k) No liability for the payment of Rent or the performance of any of Lessee's covenants and agreements shall attach to or be imposed on the Permitted Leasehold Mortgagee (other ~ North Pad Ground Lease Courthouse Square Page - 19 ~~ !~