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.- , /D'ilA- 5lJCn rcpairs without liability to Tenant for any loss or damage which may result by reason of such repairs., and Te'nant shall ~"Ý \0 Landto,d u~n demand as additional rent hereunder the cost of such repairs plus interest, At the termination of this lease. Tenant shall deliver the leased premises in good order and condition. reasonable wear and tear excepted. - 10. ALTERATIONS. All alterations. additions and improvements, except trade fixtures. installed at expense of Tenant. shall become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part thereof on the termination of this lease. Such alterations. additions. and improvements may only be made with the prior written consent of Landlord. which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises. such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property. on or off the leased premises, in connection with the making of such improvements or alterations. No cooling tower. equipment. or structure of any kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roofshall not be damaged thereby. Ifit becomes necessary to remove such cooling tower. equipment or structure temporarily. so that repairs to the roof can be made. Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination of this lease. Tenant shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by . Landlord. Tenant shall promptly repair at its expense any damages resulting from such removal. At the termination of this lease. Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations. improvements. additions. and repairs made by Tenant shall be made in good and workmanlike manner. II. COMPLIANCE WITH LAWS AND REGULATIONS. Tenant shall. at its own expense, comply with all laws, orders. and requirements of all governmental entities with reference to the use and occupancy of the leased premises, Tenant and Tenant's agents. employees and in vi tees shall fully comply with any rules and regulations governing the use of the buildings or other improvements to the leased premises as required by Landlord. Landlord may make reasonable changes in such rules and regulations from time to time as deemed advisable for the safety, care and cleanliness of the leased premises. provided same are in writing and are not in conflict with this lease. 12. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this lease nor sublet the leased premises or any interest therein without first obtaining the written consent of Landlord. An assignment or subletting without the written consent of Landlord shall be void and shall. at the option of Landlord, terminate this lease. 13. DESTRUCTION. In the event the leased premises is partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty. Tenant shall give immediate notice to Landlord. Landlor\l may repair the damage and restore the leased premises to substantially the same condition as immediately prior to the occurrence of the casualty. Such repairs shall be made at Landlord's expense unless due to Tenant's negJigence. Landlord shall allow Tenant a fair reduction of rent during the time the leased premises are partially unfit for occupancy. If the leased premises åre totany destroyed or deemed by the Landlord to be rendered unfit for occupancy by fire or other casualty, or if Landlord shall decide not to repair or rebuild, this lease shall terminate and the rent shall be paid to the time of such casualty. 14. TENANT DEFAULT. If Tenant abandons the premises or otherwise defaults in the performance of any obligations or covenants herein. Landlord may enforce the performance of this lease in any manner provided by law. This lease may be terminated at Landlord's discretion if such abandonment or default continues for a period of 10 days after Landlord notifies Tenant of such abandonment or default and of Landlord's intention to declare this lease terminated. Such notice shan be sent by Landlord to Tenant at the leased premises by certified mail or otherwise. If Tenant has not completely removed or cured default ~;thin the 10 day period. this lease shall terminate. Thereafter, Landlord or it:; agents shall have the right. without further notice or demand. to enter the leased premises and remove all persons and property without being deemed guilty of trespass and without waiving any other remedies for arrears of rent or breach of covenant. Upon abandonment or default by the Tenant. the remaining unpaid portion of the rental from paragraph 4 herein. shall become due and payable. IS, LIEN. Landlord is granted an express contractual lien, in addition to any lien provided by law, and a security interest in all property of Tenant found on the leased premises to secure the compliance by Tenant with all terms of this lease. In the event of default. Landlord or its agents may peaceably enter the leased premises and remove all property and dispose of same as Landlord shall see fit. 16. SUBORDINATION. Landlord is hereby irrevocably vested with full pOwer and authority to subordinate this lease to any mortgage. deed of Trust. or other lien hereafter placed on the demised premised and Tenant agrees on demand to execute such further instruments subordinating this lease as Landlord may request, provided such subordination shall be on the express condition that this lease shall be recognized by the mortgagee, and the rights of Ten ant shall remain in full force and effect during the term of this lease so long as Tenant shall continue to perform all of the covenants and conditions of this lease. 17. INDEMNITY. Landlord and its employees and agents shall not be liable to Tenant or to Tenant's employees. patrons. visitors. invitees. or any other persons for any injury to any such persons or for any damage to personal property caused by an act, omission. or neglect of Tenant or Tenant's agents or of any other tenant of the premises of which the leased premises is a part. Tenant agrees to indemnify and hold Landlord and its employees and agents harmless from any and all claims for such injury and damages. whether the injury occurs on or off the leased premises. 18, SIGNS. Tenant shall not post or paint any signs at. on, or about the leased premi,ses or paint the exterior walls of the building except with the prior written consent of the Landlord. Landlord shall have the right to remove any sign or signs in order to maintain the leased premises or to make any repairs or alterations thereto. 19. TENANT BANKRUPTCY. If Tenant becomes bankrupt or makes voluntary assignment for the benefit of creditors or if a receiver is appointed for Tenant. Landlord may terminate this lease by giving five (5) days written notice to Tenant 0: Landlord.s intention to do so. 20. CONDEMNATION. If the whole or any substantial part of the leased premises is taken for any public or quasi-pI". .c use under any governmental law. ordinance or regulation or by right of eminent domain or should the leased premiSl~.> 0: sold to a condemning authority under threat of condemnation. this lease shall terminate and the rent shall be abated during the unexpired portion of the lease effective from the date of the physical taking of the leased premises, 21. BROKER'S FEE. NONE Broker and Co-Broker, as Real Estate Broker (the Broker). has negotiated this lease and Landlord agrees to pay Broker in County, Texas, upon commencement of this lease. a negotiated fee ofS or % of the total rental provided for in this lease to be divided as follows: ' In the event this lease is extended. expanded or renewed, Landlord agrees to pay Broker an additional negotiated fee of S or % of the total rental for such extension. expansion or renewal period. payable at the time of commencement of such extension, expansion or renewal. said fee to be divided as follows: . Tenant warrants that it has had no dealings with any real estate broker or agents in connection with the negotiation of this lease excepting only and it knows of no other real estate broker or agent who is entitled to a commission in connection with this Lease. If Tenant during the term of this Lease, or any (TAR-006) 1/85 Pa¡e 1 o( 3 Pqes