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<br /> notice of such default and a reasonable time for curing such default shall thereafter
<br /> have elapsed.
<br /> 21.3 In the event any proceedings are brought for foreclosure, or in the event of the
<br /> exercise of the power of sale under any mortgage, deed of trust or other lien
<br /> created by Landlord covering the Demised Premises, or in the event a conveyance
<br /> In lieu of foreclosure, Tenant shall attorn to the purchaser (including Landlord's
<br /> mortgagee) upon any such foreclosure, sale or conveyance in lieu of foreclosure,
<br /> and recognize such purchaser as Tenant's landlord under this lease or, at the option
<br /> of such purchaser, Tenant will promptly execute a new lease with such purchaser on
<br /> the same terms and conditions as are contained In this lease. Upon request by
<br /> Landlord's mortgagee, Tenant shall execute and deliver an Instrument or
<br /> Instruments confirming the attornment herein above provided.
<br /> ARTICLE XXII. DIVERSION OF SALES
<br /> 22.1 Tenant acknowledges that Tenant's monetary contribution to Landlord, In the
<br /> form of rentals and Tenant's general contribution to commerce within the Shopping
<br /> Center (also Important in Landlord's determination to execute this lease with
<br /> Tenant, will be substantially reduced if during the term of this lease, either Tenant
<br /> or any person, firm or corporation, directly or indirectly controlling, controlled by or
<br /> under common control with Tenant shall directly or indirectly operate, manage,
<br /> conduct or have any interest In any establishment within four miles of the Shopping
<br /> Center. Accordingly, Tenant agrees that during the term of this lease neither Tenant
<br /> nor any person, firm or corporation, directly or indirectly controlling, controlled by
<br /> or under common control with Tenant (and also, in the event Tenant is a
<br /> corporation, if any officer or director thereof or shareholder owning more than ten
<br /> percent (10%) of the outstanding stock thereof, or parent, subsidiary or related or
<br /> affiliated corporation) shall directly or Indirectly operate, manage, conduct or
<br /> have any interest in any commercial establishment within three miles of the
<br /> Shopping Center, except that any such commercial establishment existing at the
<br /> date of this lease may continue to be operated, managed, conducted and owned in
<br /> the same manner as on the date of this lease, provided there is no change in the
<br /> size or trade name of such commercial establishment.
<br /> ARTICLE XXIII. NOTICES
<br /> 23.1 Whenever any notice is required or permitted hereunder such notice shall be
<br /> In writing. Any notice or document required or permitted to be delivered hereunder
<br /> shall be deemed to be delivered when actually received by the designated
<br /> addressee or, if earlier and regardless of whether actually received or not, when
<br /> deposited in the United States Mail, postage prepaid, Certified Mail, Return Receipt
<br /> Requested, addressed to the parties hereto at the respective addresses set out in
<br /> Section 1.1 above (or at Landlord's option, to Tenant at the Demised Premises), or
<br /> at such other addresses as they have theretofore specified by written notice.
<br /> 23.2 If and when included within the term "Landlord" as used in this instrument
<br /> there are more than one person, firm, or corporation, all shall jointly arrange among
<br /> themselves for their joint execution of such notice specifying some individual at
<br /> some specific address for the receipt of notices and payments to the Landlord. If
<br /> and when included within the term "Tenant" as used in this instrument there are
<br /> more than one person, firm, or corporation, all shall jointly arrange among
<br /> themselves for their joint execution of such a notice specifying some individual at
<br /> some specific address for the receipt of notices and payments to Tenant. All
<br /> parties included within the terms "Landlord" and "Tenant," respectively, shall be
<br /> bound by notices and payments given in accordance with the provisions of this
<br /> Article to the same effect as if each had received such notice of payment.
<br /> ARTICLE XXIV. AGENT
<br /> 24.1 landlord agrees to pay the Agent named in Section 1.1 (f) a commission for
<br /> negotiating this lease pursuant to a separate commission agreement. Except for the
<br /> Agent and Cooperating Agent, if any, named on the cover page hereof, Tenant
<br /> represents and warrants that it has not been contacted by or had any dealings with
<br /> any other real estate broker or agent with respect to this lease or the Demised
<br /> Premises.
<br /> INITIAL
<br /> Ins/Kllia RetaIl (lmllfJ. I/lc. ~
<br /> 40./'
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