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E <br />terms under the provisions of the Lease, had the Lease not <br />so terminated. All of the terms, covenants, conditions and <br />provisions of such new lease shall be the same as the terms, <br />covenants, conditions and.provisions of the Lease except <br />for any requirements which have been fulfilled by Tenant <br />prior to such termination of the Lease. Such new lease <br />shall not be subject to any sublease of the Property existing <br />prior to the termination of the Lease. <br />(ii) Execution Of New Lease. If any Lender shall elect to <br />demand a new lease within such ten (10) day period, it shall <br />give written notice to Landlord of such election. Landlord <br />and Lender each shall thereupon, within thirty (30) days of such <br />election, execute such new lease. <br />(iii) Lender's Payments. Lender shall, at the time of the execution and <br />delivery of such new lease, pay to Landlord all sums owing by Tenant to <br />Landlord under the terms of the Lease immediately before the termination <br />of the Lease, as well as all sums which would have become payable <br />hereunder by Tenant to Landlord to the date of execution and delivery of <br />such new lease, if the Lease had not terminated, and which remain unpaid <br />at the time of the execution and delivery of such new lease. However, <br />Lender shall be given credit for any net rents and income actually <br />collected in the meantime by Landlord from any subtenants of the <br />Property. <br />(iv) Lender's Assignment Rights, Lender, subject to Landlords consent <br />(which consent may be withheld in Landlord's sole discretion), shall have <br />the right to assign or transfer such new lease to any other person or entity <br />provided that: (i) such assignee shall take the leasehold estate subject to all <br />of the provisions of the Lease or such new lease, (ii) such assignee shall <br />assume and agree to perform all obligations of Tenant under the Lease, <br />and (iii) Lender shall remain primarily and fully liable for all obligations <br />of such assignee as lessee under such new lease. The liability of Lender <br />under such new lease shall not cease on its assignment of such new lease <br />to such other person or entity. <br />(v) Removal of Tenant from EEgperty. If Lender elects to demand <br />such new lease, Landlord, for an on behalf of such Lender, and at the <br />expense of such Lender upon a guaranty and indemnity satisfactory to <br />Landlord, in Landlord's sole discretion, binding such Lender to reimburse <br />Landlord for any and all losses, costs and expenses incurred by Landlord <br />in acting under this paragraph as requested by Lender, shall institute and <br />pursue diligently to conclusion the appropriate legal remedy or remedies <br />to oust or remove Tenant named in the Lease from the Property, and all <br />subtenants actually occupying the Property, or any part thereof. <br />(vi) Cancellation of Subleases. Upon Landlord's receipt of notice from <br />Lender in accordance with this Section 26.080) that Lender elects to <br />demand such new lease as provided herein above, Landlord shall cancel <br />09 <br />