OMIT. The Parties hereby agree and confirm that specifically excluded from this Agreement is the following:
OMIT. 5.1.10 Except with respect to product warranties provided by the purchaser in the ordinary course of business, the Purchaser is not a party to or bound by any agreement of guarantee, indemnification, assumption or endorsement or any other like commitment of the obligations, liabilities (contingent or otherwise) or indebtedness of any person, firm or corporation;
OMIT. 55. In any instance where Landlord brings an action or summary proceeding for any default of the Tenant under the Lease, whether for the non-payment of rent or additional rent or any other default, Landlord shall be entitled to reasonable attorney's fees in the event that it is successful; such attorney's fees may be claimed as additional rent in the said action. It is specifically agreed that reasonable attorney's fees for any one action or proceeding plus actual disbursements shall not be less than $750.00.
OMIT. The Mortgagor shall comply with or cause compliance with all applicable statutes, regulations and other laws (including, without limitation, all applicable zoning, building, fire and health codes and ordinances and the Americans With Disabilities Acts of 1990, if applicable), all other requirements of all governmental authorities whatsoever having jurisdiction over or with respect to the Premises or any portion thereof or the use or occupation thereof and with all applicable deed restrictions, if any; provided, however, that the Mortgagor may postpone such compliance if and so long as the validity or legality of any such requirement or restriction shall be contested by such Mortgagor, with diligence and in good faith, by appropriate legal proceedings and the Mortgagee is satisfied that such non-compliance will not impair or adversely affect the value of its security.
OMIT. 66. If Tenant shall default after receipt of written notice and expiration of all cure periods in the timely payment of the fixed rent or additional rent, and any legal proceedings shall commence more than two times in any calendar year then, notwithstanding that such defaults shall have each been cured within the applicable period, if any, as above provided any further similar default shall be deemed to be deliberate and Landlord thereafter may serve three (3) days notice of termination upon Tenant without affording to Tenant an opportunity to cure such further default and Tenant shall remain liable for all damages and rent due during the period of occupancy by tenant.
OMIT. 60. If the Demised Premises shall be acquired or condemned by eminent domain for any public or quasi-public purpose in whole or in part, Tenant shall have no claim against the Landlord and expressly waives all claims to any condemnation award for any taking, whether whole or partial and whether for diminution in value of leasehold or to the fee, although Tenant shall have the right, to the extent that same shall not reduce Landlord's award, to claim from the condemnor, but not from Landlord, such compensation as may be recoverable by Tenant in its own right for damage to Tenant's business and fixtures, if such claim can be made separate and apart from any award to Landlord and without prejudice to Landlord's award, provided Landlord's award does not include any value for Tenant's leasehold, fixtures or goodwill