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• ~ <br />VIE,^sT by reason thereof, and ror that reason, '_Ze~eby fix any such <br />da~-r!ages in the e~~ent of said default at $5, 000 , 00, which amour:t <br />may, at the option of RT~TER VIE4•?, be applied as an off-set to any <br />remaining balance due and ot";ing by RIVER VIE6V to CONCESSIOz1AIRE <br />as and "for the unpaid. balance _Eor ary improvements, equipment or <br />trade futures. The remaining u.rpaid balance, if any, after the <br />application of said off-set shall be paid as provided hereinabove. <br />33. SUBORDINATION <br />This Agreement shall be subject to subordination at all <br />times to the lien of existir:g or future leasehold mortgages, <br />Deeds of Trust, or other charges upon the real property, the <br />real property improvements, and the real property fixtures which <br />are the subject of this Agreement. Although no instrument or act <br />on the part of CONt'ESSTONAIRE shall be necessary to effect any <br />such subordination, CONCESSIOi~3AIRE shall nevertheless execute and <br />deliver such further instruments, subordinating this ?agreement to <br />any such liens at the request of and as may be desired by RI~~R <br />VIE6~7. C0~ICESSIONAIF,E hereby irrevocably appoints RIVE F. VIE;rd its <br />attorney-in~fact to execute and deliver any such intruments of <br />subordination for or on behalf of CONCESSIORIAIF,E. <br />34. CONDEi%NATION <br />If the real property, real property improvements, or real <br />property fixtures, or an_y part thereof which are the subject of <br />this Agreement are taken by eminent do.7,ain, this ~~greement shall <br />expire on the date when the possession of said property s~zall be <br />so taken or surrendered, and the rents due and owing hereunder <br />shall be apportioned to and including that date. That portion of <br />any award arising from any such eminent domain proceeding required <br />to reimburse CONCESSI0~IAIRE for any unreimbursed balance, including <br />accrued interest, if any, arising from construction of the restau- <br />rant facilities andfor "half-~~;ay house", shall belong to CO~~CES- <br />SIONAIRE, and the balance of any such a;~:ard shall belong to ~4IVER <br />_~q_ <br />