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official for Lessee or any general partner thereof or for the Leased Premises; (iv) makes an <br /> assignment for the benefit of its creditors; or(v) admits in writing its inability to pay its debts as <br /> they become due; <br /> (k) the filing against Lessee of any involuntary proceedings under such <br /> Bankruptcy Code or similar law, if such proceedings have not been vacated or stayed within <br /> ninety (90) days of filing; <br /> (1) the appointment of a trustee or receiver for Lessee or for all or the major <br /> part of Lessee's property or the Leased Premises, in any involuntary proceeding, or the taking of <br /> jurisdiction by any court over all or the major part of Lessee's property or the Leased Premises in <br /> any involuntary proceeding for the reorganization, dissolution, liquidation or winding up of <br /> Lessee, if such trustee or receiver shall not be discharged or such jurisdiction relinquished or <br /> vacated or stayed on appeal or otherwise stayed within ninety (90) days; <br /> (m) any of Lessee's representations or warranties contained in this Lease or in <br /> any financial statement, certificate or report submitted to Lessor in connection with this Lease <br /> proves to have been incorrect in any material and adverse respect when made and continues to be <br /> materially adverse to Lessor. <br /> Section 12.2 Rights and Remedies. <br /> (a) At any time after the occurrence of an Event of Default hereunder, subject <br /> in all respects to the provisions of this Lease with respect to Lessor's rights to cure defaults by <br /> Lessee and with respect to the rights of any Lenders, Lessor may, in addition to any other rights <br /> and remedies available at law or in equity, terminate this Lease by giving Lessee written notice <br /> thereof(with a copy of such notice to the Lenders), setting forth in such notice an effective date <br /> for termination which is not less than thirty(30) days after the date of such notice, in which <br /> event this Lease and Lessee's Estate created hereby and all interest of Lessee and all parties <br /> claiming by, through or under Lessee shall automatically terminate upon the effective date for <br /> termination as set forth in such notice, with the same force and effect and to the same extent as if <br /> the effective date of such notice had been the date originally fixed in Article 2 hereof for the <br /> expiration of the Term. In such event, Lessor, its agents or representatives, shall have the right, <br /> without further demand or notice, to re-enter and take possession of the Leased Premises <br /> (including all buildings and other improvements comprising any part thereof) at any time from <br /> and after the effective termination date without being deemed guilty of any manner of trespass <br /> and without prejudice to any remedies for arrears of Rent or existing breaches of covenants; <br /> provided that Lessor shall not be entitled to disturb possession of any Tenants or others in <br /> possession pursuant to Tenant Leases with Lessee so long as such Tenant or others are not in <br /> default thereunder and attorn to Lessor as their lessor. <br /> (b) Upon the exercise of Lessor's remedies pursuant to this Section 12.2, <br /> Lessee shall execute such releases, deeds and other instruments in recordable form as Lessor <br /> shall reasonably request in order to accurately set forth of record the then current status of <br /> Lessee's Estate and Lessee's rights hereunder. <br /> 35 <br /> 191\52\1656915.8 <br /> OAK#4834-9609-1684 v8 <br />