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WAIVER OF RIGHTS r _
<br />29. No failure of Landlord to exercise any power given Landlord hereunder or to insist upon strict compliance by Tenant of its obligations
<br />hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Landlord's right to demand exact
<br />compliance with the terms hereof.
<br />ENVIRONMENTAL LAWS
<br />30. (a) Tenant shall not bring onto the Premises xny Hazardous !blalerials (as delined below) withou[ the prior written approval by Landlord.
<br />Any approval must be preceded by submission to Landlord of appropriate Material Sufety Data Sheets (MSD Sheets). In the event of approval
<br />by Landlord, Tenant covenants that it will (1) wmply with all requirements of any constituted public authority and all federal, state, and local
<br />codes, statutes, ordinances, rules and regulations, and laws, whether now in force or hereafter adopted relating to Tenant's use of the Premises, or
<br />relating to the storage, use, disposal, processing, distribution, shipping or sales of any hazardous, flammable, toxic, or dangerous materials, waste
<br />or substance, the presence of which is regulated by a federal, state, or local law, ruling, rule or regulation (hereafter collectively referred to as
<br />"Hazazdous Materials"); (2) comply with any reasonable recommendations by the insurance carrier of either Landlord or Tenant celating to the
<br />use by Tenant on the Premises of such Hazazdous Materials; (3) refrain from unlawfully disposing of or allowing the disposal of any Hazazdous
<br />Materials upon, within, about or under the Premises; and (4) remove all Hazardous Materials from the Premises, either after their use by Tenant
<br />or upon the expiration or eazlier termination of this lease, in compliance with all applicable laws.
<br />(b) Tenant shall be responsible for obtaining all necessary permits in connection with its use, storage and disposal of Hazazdous Materials,
<br />and shall develop and maintain, and where necessary file with the appropriate authorities, all repoRs, receipts, manifest, filings, lists and invoices
<br />covering those Hazazdous Materials and Tenant shall provide Landlord with copies of all such items upon request. Tenant shall provide within
<br />five (5) days after receipt thereof, copies of all notices, orders, claims or other correspondence from any federal, state or local government or
<br />agency alleging any violation of any environmental law or regulation by Tenant, or related in any manner to Hazazdous Materials. In addition,
<br />Tenant shall provide Landlord with copies of all responses to such correspondence at the time of the response.
<br />(c) Tenan[ hereby indemnifies and holds hazmless Landlord, its successors and assigns from and against any and all losses, liabilities,
<br />damages, injuries, penalties, fines, costs, expenses and claims of any and every kind whatsoever (including attorney's fees and costs, expenses or
<br />claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, from time to
<br />time, and regulations promulgated thereunder, any so-called state or iocal "Superfund" or "Superlien" law, or any other federal, state or local
<br />statute, law or ordinance, code, rule, regulation, order or decree regulating, relating lo, or imposing liability or standards of conduct concerning
<br />any Hazardous Materials) paid, incurced or suffered by, or asserted against, Landlord as a result of any claim, demand or judicial or administrative
<br />action by any person or entity (including governmental or p~ivate entilies) for, with respecl to, or as a direct or indirect result of, the presence on
<br />or under or the escape, seepage, leakage, spillage, discharge, emission or release from the Premises on any Hazardous Materials caused by Tenant
<br />or Tenant's agents, employees, invitees or successors in interest. This indemnity shall also apply to any release of Hazazdous Materials caused by
<br />a fire or other casualty to the premises if such Hazardous hlatcrials were stored oo the Premises by Tenant, its agents, employees, invitees or
<br />successors in interest.
<br />(d) If Tenant fails to comply with the Covenants to be perfarmed hereunder with respect to Hazazdous materials, or if an environmental
<br />protection lien is filed against the premises as a result of the actions of Tenant, its agents, ~mployces or invitees, then the occurrence of any such
<br />events shall be considered a default hereunder.
<br />(e) Tenant will give Landlord prompt notice of any release oi Hazardous Materials, reportable or non-reportable, to federal, state or local
<br />authorities, of any fire, or any damage occurring on or to the Fremises.
<br />(~ Tenant will use and occupy the Premises and conduct its business in such a manner that the Premises are neat, clean and orderly at a11
<br />times with all chemicals or Hazazdous Materials marked for easy identification and stored according to all codes as oudined above.
<br />(g) The wartanties and indetnnities contained in this Paragraph shall survive the termination of this Lease.
<br />TIME OF ESSENCE
<br />31. Time is of the essence in this Lease.
<br />ABANDONNIENT
<br />32. Tenant shall not abandon the Premises at any time during the ~.easc term. !f Tenant shall ahundon the premises or be dispossessed by pra;ess
<br />of law, any Personal Property belonging to Tenant an~l left on the Fremises shall, at the optiun of Landlord, be deemed abandoned, and available
<br />to landlord to use or sell to offset any rent due or any expenses incurred by removing saine and restorina the Premises.
<br />DEFINITIONS
<br />33. "Landlord" as used in this L.ease shall include the undersigned, its heirs, rcpresentatives, assigns and successors in tide to the Premises.
<br />"AgenP' as used in this Lease shall mean the party designatc:d as same in Paragraph 34, i;s heirs, representatives, assigns and successors. `"Tenant"
<br />shall include the undersigned and i[s heirs, representatives, assigns and successors, a~~d if this lease shall be validly assigned or sublet, shall include
<br />also Tenant's assignees or sublessees as to the Premises covered by such assignment or sublease. "Landlord", "TenanP', and "AgenP' include male
<br />and female, singulaz and plural, corporation, partnership or individual, as may fit the particular parties.
<br />NOTICES ' ~
<br />34. All notices required or permitted under this Lease shall be in writing and shall be personally delivered or sent by U.S. certified mail, return
<br />receipt requested, postage prepaid. Notices to Tenant shall be de;ivered or sent to the address shown at the beginning of this Lease, except that
<br />upon Tenant taking possession of the Premises, then the Premises shall be Tenant's address for such purposes. Notices to Landlord shall be
<br />delivered or sent to the address shown a[ the beginning of this Lease and notices to Agent, if any, shall be delivered or sent to the address set forth
<br />in Pazagraph 3 hereof. ~
<br />AU noHces shall be effective upon delivery. Any party ~nay change its notice address upon written notice to the other parties, given as provided herein.
<br />ENTIRE AGREEMENT
<br />35. This Lease contains the entire agreement of the pazties here[o, and no representations, inducements, promises or agreements, oral or
<br />otherwise, between the parties, not embodied herein shall be o; any force or effec:. This I.ease may ~ot be modified except by a writing signed
<br />by all the paRies hereto.
<br />AUTHORIZED LEASE EXECUTIdN
<br />36. Each individual executing this Lease as director, officer, partner, member, or ageni of a corFwcation, Iimited liability company, or partnership
<br />represents and warrants that he is duly authorized to execuEC and deliver this Lease on behalf of such corporation, limited liability company, or
<br />partnership.
<br />TRANST'+ER UF LriNDLORIL'S INTEFtESTi
<br />37. In the event of the sale, assignment or transfcr by Landiord of its interest in the Premises or in diis Lease (other than a collateral assignment
<br />to secure a debt of Landlord) to a succe~sor in interest w•ho expressly assumes the obligations of Landlord under this Lease, Landlord shall
<br />thereupon be released and discharged from all its covenants and obligations under this Lease, except those obligations that have accrued prior to
<br />such sale, assignment or transfer; and Tcnant agrees to look sc:~ly ro ihe successor in er~terest of Landlord for the performance of those covenants
<br />aceruing after such sale, assignment or trausfer. Land;ord's assigrs:~ert of tti; i.casc, or o~ : ny or a!! ef its rights in this L.ease, shall not affect
<br />Tenant's obligations hereunder, and Tenant shall attorn and look tc~ the assigne~e zs Landlord, provided Tenant has first received written notice oF
<br />the assignment of Landlord's interest.
<br />SPECIAL STIPULATIONS
<br />38. Any special stipulations are set forth in the attached Exhibit . 1n so far as said Special Stipulations conflict with any of
<br />the foregoing provisions, said Special Stipulations shall control.
<br />MEMORANDUM OF LEASE
<br />39. Upon request by either Landlotd or Te~ant, the parties lierefo shali execute a short form lease (Memorandum of Lease) in recordable form,
<br />setting forth such provisions hereof (other than the amount of Base Monthly Rent and other sums due) a~ either party may wish to incorporate.
<br />The cost of recording such memorandum of lease shall be bnme by the party reyuasting execution of same.
<br />NCAR FORM #590 4 OF 5
<br />Copyright 6/96
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