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<br />200804872 <br /> <br />the removal of such trade fixtures and equipment. (It is agreed that any <br />radio towers shall not be considered fixtures or attached to the realty.) <br /> <br />D. Remove from the property all trade fixtures, equipment, and other <br />personal property belonging to the Tenant, or pay to the Landlords rent <br />equal to five tenths (0.5) times the monthly rent due hereunder for each <br />month or fraction thereof that such personal property is not removed. <br /> <br />XII. <br /> <br />ASSIGNMENT AND SUBLET: The Tenant shall not assign this Agreement nor <br />allow any transfer of or lien upon the Tenant's interest in this Agreement by operation <br />of law, or sublet any part of the property nor permit the use or occupancy of the <br />property or any part thereof by anyone other than the Tenant or the employees, <br />agents or invitees of the Tenant without the prior written consent of the Landlords. <br /> <br />XIII. <br /> <br />WAIVER OF CLAIMS: The Tenant waives and releases all claims against the <br />Landlords and the officers, directors, agents, and employees of the Landlords in <br />respect to injuries or damage to persons or property sustained by the Tenant or any <br />other person in or about the property which may arise, directly or indirectly, by <br />reason of any existing or future condition in the property, unless said injuries or <br />damage shall be caused by the affirmative acts of negligence of the Lessor. <br /> <br />XIV. <br /> <br />DEFAULT: Each of the following acts and omissions shall constitute a default <br />by the Tenant and a breach of this Agreement: <br /> <br />A. Voluntary or involuntary bankruptcy, assignment for benefit of creditors, <br />reorganization or rearrangement under the Bankruptcy Act, receivership, <br />dissolution or the commencement of any action or proceeding for the <br />dissolution or liquidation of the Tenant, whether instituted by or against <br />the Tenant or any other similar action or proceeding. <br /> <br />B. The failure of the Tenant to pay the rent or any part thereof for a period <br />of ten (10) days after such rent shall have become due. <br /> <br />C. The failure of the Tenant to perform any other agreement to be <br />performed on the part of the Tenant for a period of thirty (30) days after <br />service upon the Tenant of written notice of such failure. <br /> <br />5 <br /> <br />"" <br />