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• <br /> ! <br /> • (b) . The Tenant shall have the exclusive <br /> right to use and operate the said sewer facility • <br /> so long as same is used for the purposes of <br /> providing sewer services for the said <br /> . Subdivision, and Tenant is authorized to <br /> grant its employees and contractors access to <br /> said sewer facility for the purposes of effecting <br /> any and all operations, adjustments, repairs, <br /> maintenance and inspections as Tenant shall see <br /> fit. <br /> (c) . Tenant shall keep all the sewer facility in <br /> good condition, and shall maintain and make routine <br /> repairs and replacements necessary for the continued <br /> good working of said sewer facility at Tenant' s ex- <br /> pense. Al]. such replacements shall immediately become • <br /> the property of the Landlord. <br /> 5. Capital expenditures. Landlord shall be responsi- <br /> ble for and shall pay for any and all capital expenditures with <br /> respect to replacement of any part of the sewer facility. In <br /> the event that Landlord and Tenant cannot agree on whether a <br /> replacement of any part of the sewer facility is considered a <br /> matter of capital expenditure or of routine repair and replace- <br /> ment, then Landlord and. Tenant shall choose one arbitrator each, <br /> said arbitrators shall choose a third arbitrator agreeable to <br /> both arbitrators, and the three arbitrators shall, by a majority <br /> vote, determine whether the said replacement qualifies as a <br /> matter of capital expenditure or routine repair and replacement. <br /> Said arbitrators' decision shall be binding upon both parties. <br /> 6. Use. Tenant shall use and occupy the premises <br /> solely for the purposes of operating a sewer facility and shall <br /> comply with all laws, ordinances, orders, or regulations of any <br /> lawful authority having jurisdiction over the premises and the <br /> use thereof. <br /> 7. Assignment and Subletting. Tenant shall not, <br /> without the prior written consent of Landlord, assign this lease <br /> or any interest therein, or sublet, the premises or sewer facili- <br /> ty or any part thereof, or permit the use of the premises or <br /> sewer facility, by any party other than Tenant, except as speci- <br /> , • fled herein. <br /> 8. Repairs and Maintenance. Tenant shall, at its <br /> own expense, make any and all routine and usual repairs and <br /> perform routine and usual maintenance as Tenant shall see fit so <br /> as to permit the proper functioning of the said sewer facility. <br /> Tenant shall further be responsible for the upkeep and general <br /> cleanliness of the premises upon which the sewer facility is <br /> located, as specified above, including such matters as mowing of <br /> . grass, clearing of rubbish and debris, maintenance of fences and <br /> gates, and other such matters pertaining to general appearance. <br /> Tenant shall maintain the said sewer plant in good order and <br /> I . • <br /> -2- <br />