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<br /> responsible for sweeping and cleaning the general area of the Demised Premises. Tenant will maintain,
<br /> repair and replace, when necessary, the air conditioning, plumbing, gas and electrical appurtenances and
<br /> fixtures in the Demised Premises, Landlord will not be liable to Tenant or any other persons whomsoever
<br /> for injury or damage to persons or property received on or incidental to the use of said Demised Premises,
<br /> and Tenant will indemnify and save harmless Landlord from and against any loss, claim, expense or
<br /> liability in connection therewith including Tenant's failure to repair.
<br /> Tenant shall throughout the Lease Term take good care of the Demised Premises and other
<br /> improvements and keep them free from waste or nuisance, and shall deliver up the Demised Premises
<br /> broom-clean at the termination of this Lease in good repair and condition (reasonable wear and lear
<br /> excepted).
<br /> In the event Tenant should fail to maintain the Demised Premises, Landlord shaH have the right
<br /> (but not the obligation) to cause repairs or corrections to be made and any costs thereof shall be payable by
<br /> Tenant to Landlord as Additional Rent on the next rent instaUment date.
<br /> 10. Alterations. Additions and Imorovements. Tenant shall not create any openings in the
<br /> roof or exterior walls, not make any alterations, additions or improvements to the Demised Premises
<br /> without prior written consent of Landlord. Tenant shall have the right at all times to erect or insta\1
<br /> shelves, bins, machinery, air conditioning or heating equipment, and trade fixtures, provided that Tenant
<br /> complies with all applicable governmental laws, ordinances and regulations. Tenant shall have the right
<br /> to remove at the termination of this lease such items so installed, provided Tenant is not in default~
<br /> however, Tenant shall prior to the termination of this Lease repair any damage caused by such removal.
<br /> All alterations, additions or improvements made by Tenant shall become the property of
<br /> Landlord at the termination of this Lease; however, Tenant shall promptly remove, if Landlord so elects,
<br /> all alterations, additions and improvements, and any other property of Tenant in the Demised Premises
<br /> and Tenant shall repair any damage caused by such removal.
<br /> In the event that the Shopping Center's real property taxes are increased as the result of any
<br /> alterations, additions or improvements made by Tenant to the Demised Premises, Tenant shall pay to
<br /> Landlord as Additional Rent the amount of such increase. Tenant shall also be liable for all taxes levied
<br /> against personal property and trade fixtures placed by T~nant in the Demised Premises. If any such taxes
<br /> for which Tenant is liable are levied against Landlord or Landlord's Property and if Landlord elects to pay
<br /> the same, or if the assessed value of Landlord's Property is increased by inclusion of personal property and
<br /> trade fixtures placed by Tenant in the Demised Premises and Landlord clects to pay the taxes based on
<br /> such increase, Tenant shall pay to Landlord as Additional Rent that part of such taxes for which Landlord
<br /> is primarily liable hereunder.
<br /> 11. Hazardous Materials.
<br /> A. Tenant, at Tenant's expense, shall comply with all laws, rules, orders,
<br /> ordinances, directions, regulations and requirements of federal, state, county and municipal authorities
<br /> pertaining to Tenant's use of the Demised Premises and with the recorded covenants, conditions and
<br /> restrictions, regardless of when they become effective, including, without limitation, all applicable federal,
<br /> state and local laws, regulations or ordinances pertaining to air ~n~ water quality, Hazardous MateriaJs (as
<br /> hereinafter defined), waste disposal, air emissions and other environmental matters, all zoning and other
<br /> land use matters, and utility availability, and with any directions of any public officer or officers, pursuant
<br /> to law, which shall impose any duty upon Landlord or Tenant with respect to the use or occupation of the
<br /> Demised Premises.
<br /> B. Tenant shall not cause or permit any Hazardous Material to be brought upon,
<br /> kept or used in or about the Demised Premises by Tenant, its agents, employees, contractors or invitees
<br /> without the prior written consent of Landlord, which Landlord shall not unreasonably withhold as long as
<br /> Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or
<br /> useful to Tenant's business and will be used, kept and stored in a manner that complies with all laws
<br /> regulating any such Hazardous Material so brought upon or used or kept in or about the Demised
<br /> Premises. If Tenant breaches the obligations stated in the preceding Section or senten~e, or if the
<br /> presence of Hazardous Material on the Demised Premises caused or permitted by Tenant results in
<br /> contamination of the Demised Premises, or if contamination of the Demised Premises by Hazardous
<br /> MateriM otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom,
<br /> then Tenant shaH indemnify, defend and hold Landlord harmless from any and all claims, judgments,
<br /> damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of
<br /> the Demised Premises, damages for the loss or restriction on use of rentable or usable space or of any
<br /> amenity of the Demised Premises, damages arising from any adverse impact on marketing of space, and
<br /> sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or
<br /> after the Lease Term as a result of such contamination. This indemnificntion of Lnndlord by Tenant
<br /> includes, without limitation, costs incurred in connection with any investigation of site conditions or any
<br /> clean-up, remedial, removal of restoration work required by any federal, state, or local governmental
<br /> agency or political subdivision because of Hazardous Material present in the soil or ground water on or
<br /> under the Demised Premises. Without limiting the foregoing, if the presence of any Hazardous Material
<br /> on the Demised Premises caused or permitted by Tenant results in any contamination of the Demised
<br /> 4/12 Landlord:
<br /> Tenant:
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