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ARTICLE 17: LESSEE'S MORTGAGE OF LEASEHOLD INTEREST <br /> 17.01. Mortgage of Leasehold Estate. <br /> a. Consent to MortVage. Lessor grants permission to Lessee to mortgage of Lessee's <br /> leasehold interest in the Leased Premises for the purpose of obtaining funding for <br /> permanent improvements to the Leased Premises. Lessee will provide written <br /> notification to Lessor of each such mortgage within ten (10) days after it is <br /> executed. Lessor agrees that any lien in its favor arising under this Lease as to the <br /> Leased Premises will be subordinate to the lien of the mortgagee under each such <br /> mortgage, and this subordination clause is self-operative. Furthermore, Lessor <br /> shall promptly execute such subordination, non-disturbance and attormnent <br /> instruments, as well as estoppel certificates, in a form and substance reasonably <br /> required by Lessee's lender/mortgagee. In no event, however, shall any lien be <br /> asserted against the underlying fee simple interest of Lessor in the Leased <br /> Premises. <br /> b. Lender Rights and Obligations. Lessee's lender may,in case of default by Lessee, <br /> assume the rights and obligations of Lessee under this Lease and become a <br /> substituted Lessee,with the further right to assign Lessee's interest to a third party. <br /> Lessee's lender's obligations under this Lease as substituted Lessee shall cease <br /> upon such assignment. Lessor agrees to execute SNDAs as Lessee's lender may <br /> reasonably require. Lessor agrees to give Lessee's lender a duplicate copy of any <br /> notice of a breach of this Lease or potential event of default that Lessor gives <br /> Lessee.Except as otherwise provided in a SNDA executed by Lessor,Lessee,and <br /> Lessee's lender,the lender may then cure the breach or potential event of default, <br /> for the account of Lessee or the lender (as the lender may elect), in the same <br /> manner and in the same period of time as allowed Lessee or as otherwise provided <br /> in such SNDA. <br /> ARTICLE 18: MISCELLANEOUS <br /> 18.01. Gender Neutral. When the singular number is used in this Lease,it will include the plural <br /> when appropriate, and the neuter gender will include the feminine and masculine genders <br /> when appropriate. <br /> 18.02. Amendment. This Lease may be amended only by an instrument in writing signed by both <br /> parties. This Lease shall apply to and be binding upon the parties and their permitted <br /> successors in interest and legal representatives. <br /> 18.03. Headings. The headings used in this Lease are for convenience only and do not in any way <br /> limit or amplify the terms and provisions of this lease. <br /> 18.04. Nonwaiver of Rim. No waiver of default by either party of any terms, covenants and <br /> conditions hereof to be performed,kept and observed by the other party shall be construed <br /> as, or shall operate as, a waiver of any subsequent default of any of the terms, covenants <br /> or conditions herein contained,to be perfonned,kept and observed by the other party. <br /> 18.05. Force Majeure. Whenever a period of time is prescribed for action to be taken by Lessor <br /> or Lessee,any delays due to strikes,riots,acts of God,shortages of labor or materials,war, <br /> governmental laws, regulations or restrictions or any other causes beyond the reasonable <br /> 20 <br />