|
or private entities) for, with respect to, or as a direct or indirect result of, the presence on or under or the escape, seepage, leakage,
<br />spillage, discharge, emission or release from the Premises of any Hazardous Materials caused by Tenant or Tenant's agents,
<br />employees, invitees or successors in interest. This indemnity shall also apply to any release of Hazardous Materials caused by a fire or
<br />other casualty to the premises if such Hazardous Materials were stored on 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 performed hereunder with respect to Hazardous materials, or if an
<br />environmental protection lien is filed against the premises as a result of the actions of Tenant, its agents, employees or invitees, then
<br />the occurrence of any such events shalt be considered a default hereunder.
<br />(e} Tenant will give Landlord prompt notice of any release of Hazardous Materials, reportable ornon-reportable, to federal,
<br />state or local authorities, of any fire, or any damage occurring on or to the Premises.
<br />(fj Tenant will use and occupy the Premises and conduct its business in such a manner that the Premises are neat, clean and
<br />orderly at all times with all chemicals or Hazardous Materials marked for easy identification and stored according to all codes as
<br />outlined above.
<br />{g} The warranties and indemnities 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 />ABANDONMENT
<br />32. Tenant shall not abandon the Premises at any time during the Lease term. If Tenant shall abandon the premises or be dispossessed
<br />by process of law, any Personal Property belonging to Tenant and left on the Premises shall, at the option of Landlord, be deemed
<br />abandoned, and available to Landlord to use or sell to offset any rent due or any expenses incurred by removing same and restoring
<br />the Premises.
<br />DEFINITIONS
<br />33. "Landlord" as used in this Lease shall include the undersigned, its heirs, representatives, assigns and successors in title to the
<br />Premises. "Agent" as used in this Lease shall mean the party designated as same in Paragraph 34, its heirs, representatives, assigns and
<br />successors. "Tenant" shall include the undersigned and its heirs, representatives, assigns and successors, and if this Lease shall be
<br />validly assigned or sublet, shall include also Tenant's assignees or sublessees as to the Premises covered by such assignment or
<br />sublease. "Landlord", "Tenant", and "Agent" include male and female, singular and plural, corporation, partnership or individual, as
<br />may fit the particular parties.
<br />NOTICES
<br />34. All notices required or permitted under this Lease shalt be in writing and shall be personally delivered or sent by U.S. certified
<br />mail, return receipt requested, postage prepaid. Notices to Tenant shall be delivered or sent to the address shown at the beginning of
<br />this Lease, except that upon Tenant taking possession of the Premises, then the Premises shall be Tenant's address for such purposes.
<br />Notices to Landlord shall be delivered or sent to the address shown at the beginning of this Lease and notices to Agent, if any, shall be
<br />delivered or sent to the address set forth in Paragraph 3 hereof.
<br />Att notices shall be effecttve upon detivery. Any parry may change its notice address upon written notice to the other parties, given
<br />as provided herein.
<br />ENTIRE AGREEMENT
<br />35. This Lease contains the entire agreement of the parties hereto, and no representations, inducements, promises or
<br />agreements, oral or otherwise, between the parties, not embodied herein shall be of any force or effect. This Lease may not be
<br />modified except by a writing signed by all the parties hereto.
<br />AUTHORIZED LEASE EXECUTION
<br />3b. Each individual executing this Lease as director, officer, partner, member or agent of a corporation, limited liability company, or
<br />partnership represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of such corporation, hmrted
<br />liability company, or partnership.
<br />Page 7 of 8
<br />STANDARD FORM S90-T
<br />© 7/2002
<br />Tenant Initials
<br />Landlord Initials
<br />This fain porku~d by /~Od7i7[lls'!fO/r'r~ sonware 600336.1027
<br />
|