|
<br />Fixtures", as hereinafter defined (excluding all components of the HVAC system, pipes,
<br />paneling or other wall covering or floor covering), and, in addition to other applicable
<br />provisions of this Lease regarding such removal, the following shall apply: (1) such
<br />removal must be made prior to the termination of the Term of this Lease; (2) Lessee
<br />must not be in default of any obligation or covenant under this Lease at the time of
<br />such removal; and (3) such removal must be effected without damage to the Premises
<br />or the building of which the Premises are a part and Lessee must promptly repair all
<br />damage caused by such removal. For the purposes hereof, the phrase "Removable
<br />Trade Fixtures" means the following: All of Lessee's counters, tables, chairs, desks,
<br />racks, merchandisers and displayers, standards, wall brackets, hang-rods, shelves,
<br />mirrors, marking equipment, cash registers and other business machines.
<br />
<br />All plumbing or electrical wiring connections exposed as a result of the removal of
<br />Lessee's Removable Trade Fixtures, or other alterations, additions, fixtures, equipment
<br />and property installed or placed by it in the Premises (if such removal is so requested
<br />by Lessor) shall be capped by Lessee in a safe and workmanlike manner.
<br />
<br />13. Inspection of Premises. Lessor shall have the right to enter the Premises at any
<br />reasonable time (including during Lessee's business hours) to inspect the condition
<br />thereof, to make necessary repairs and improvements, or to repair or maintain pipes,
<br />wires, and other facilities serving its nearby property and for other lawful purposes.
<br />Lessor will notify the tennant either by phone or in writing of such inspection prior to
<br />conducting the inspection. If Lessor and Lessee considers necessary any repairs,
<br />maintenance, renewals or replacements required by the provisions of this Lease to be
<br />made or provided by Lessee, and Lessee refuses or neglects to make same after
<br />reasonable notice of at least five (5) days (except in the event of an emergency in
<br />which event no prior notice shall be required), Lessor shall have the right (but shall not
<br />be obligated), to make such repair, perform such maintenance or provide such renewal
<br />or replacement. Lessee shall, on demand, pay the reasonable and customary cost
<br />thereby incurred by Lessor.
<br />
<br />14. Compliance with Laws. Lessee, at its own expense, shall comply with all statutes,
<br />ordinances, rules, orders, regulations and requirements of the federal, state, county
<br />and city governments and all departments thereof applicable to the Premises or the
<br />business conducted therein by Lessee. Lessor and Lessee agree that the terms of this
<br />lease shall control in all matters affecting Lessor and Lessee and further agree that
<br />Lessor shall be exempted from all liabilities and duties contained in Section 93.002 of
<br />the Texas Property Code.
<br />
<br />15. Indemnity and Liability and Casualty Insurance. Lessee agrees to indemnify and
<br />hold Lessor and Lessor's employees, agents and representatives harmless from any
<br />and all loss, claims or liability (including costs and expenses of defending against all of
<br />the aforesaid) arising (or alleged to arise) from any negligent act or omission of Lessee
<br />or Lessee's agents, employees, assignees, sublessees, contractors, customers,
<br />licensees, concessionaires or invitees, or arising out of the use of the Premises by
<br />Lessee and the conduct of its business therein, or arising out of any breach or default
<br />by Lessee in the performance of its obligations hereunder, or arising from any injury to
<br />or death of any person or persons or damage to or destruction of the property of any
<br />person or persons occurring in or about the Premises and Lessee assumes
<br />responsibility for the condition of the Premises and agrees to give Lessor written notice
<br />in the event of any such injury, death, damage, destruction, defect or disrepair.
<br />
<br />Lessor agrees to indemnify and hold harmless Lessee and Lessee's employees, agents
<br />and representatives from any and all losses, claims and liabilities (including costs and
<br />expenses of defending against all of the aforesaid) arising or alleged to arise from any
<br />act or omission of Lessor or Lessor's agents, employees or contractors in the conduct
<br />of its obligations hereunder, arising out of any breach or default by Lessor in the
<br />performance of its obligations hereunder, or arising from any injury to or death of any
<br />
<br />7 Lessee~
<br />Lessor ~LtJ
<br />
|