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<br />or private entities) for, with respect to, or as a direct or indirect result of, [Ire presence on or under or the escape, seepage, leakage, <br />spillage, discharge, emission or release from the Premises ofany 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 [o be performed hereunder with respect to Hazardous materials, or if an <br />environmental protection lion is tiled against the premises as a result of the actions of Tenant, its agents, employees or invitees, then <br />the occurrence of any such events shall 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 />(f) Tenant will use and occupy the Premises and conduct its business in such a manner that [he Premises are neat, clean and <br />orderly a[ all times with all chemicals or Hazardous Materials marked for easy identification and stored according to al] 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 leR on the Premises shall, at the option of Landlord, be deemed <br />abandoned, and available to Landlord to use or Boll to offset any rent due or any expanses 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 shall be in writing and shall be personalty 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 shalt 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 />All notices shall be efjectlve upon delivery. Any potty Wray change 1(s rmrice nddress upon wrlllen narlce rn tke oAier 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 />36. 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, hmtted <br />liability company, or partnership. <br />Page 7 of 8 <br />STANDARD FORM S90-T <br />© 7/2002 <br />Tenant Initials Landlord Initials <br />This tram piod,wdby FOrlillllOtO!"Fwm, SalNraro 000~~138.1a27 <br />