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specifications contained herein, in a good condition reasonable wear and tear excepted.
<br />LESSOR will maintain tile Property, excluding the Premises, ill good condition, reasonable wear
<br />and tear excepted. It is understood and agreed that LESSEE,s ability to use the Premises is
<br />contingent upon its obtaining after tile execution date Of this Agreement all Of the certificates,
<br />Permits and other approvals (collectively the "Governmental Approvals") that may be required
<br />by any Federal, State or Local authorities as well as satisfactory soil boring tests which will
<br />permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE
<br />in its effort to obtain suet] approvals and shall take no action which would adversely affect the
<br />status of the Property with respect to the proposed Use by LESSEE. LESSEE, upon LESSOR's
<br />reasonable, request from time to time, will provide LESSOR with current copies of its
<br />Governmental Approvals relating to its use of the Premises. In tile event that any Of Such
<br />applications for such Governmental Approvals should be finally rejected or any Governmental
<br />Approval issued to LESSEE- is canceled, expires, lapses, or is otherwise withdrawn or terminated
<br />by governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE in
<br />its sole discretion will be unable to use the Prerilises for its intended purposes or the LESSEE
<br />determines that the Premises is no longer technically compatible for its intended use, LESSEE
<br />shall have the right to teirWnate this Agreement. Notice of the LESSEE's exercise of its right to
<br />terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and
<br />shall be effective upon the mailing of such notice by the LESSEE. All rentals paid to said
<br />termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall
<br />become null and void and all the Parties shall have no further obligations including the payment
<br />of money, to each other,
<br />8. INDEMNIFICATION. In consideration Of the still, of Fifteen and 00/100
<br />Dollars ($15.00), the receipt and sufficiency Of which is acknowledged by LESSEE, LESSEE
<br />shall indemnify, defend, and hold harmless LESSOR and its agents and employees from and
<br />against all liabilities, claims, damages, losses, and expenses, including attorney's fees, arising out
<br />of or resulting from LESSEE's use of the Premises, provided that any such liability, claim,
<br />damage, loss, or expense: a) is attributable to bodily injury, sickness, disease or death, or to
<br />injury to or destruction of tangible property, including the loss f use resulting therefrom, b) i
<br />misconduct of LESSEE, its agents, employees and
<br />caused by any negligent act or intentional n 0 gs
<br />contractors; and c) is not caused by the negligence or willful misconduct of LESSOR,
<br />9, INSURANCE -LESSOR and LESSEE hereby waive any and all rights of action
<br />for negligence against the other which may hereafter arise on account of damage to the Premises
<br />or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire
<br />insurance, policies with extended coverage, regardless of whether or not, or in what amounts,
<br />such insurance is now or hereafter carried by the Parties, or either of them. During the term of
<br />this Agreement, LESSOR shall procure, pay for, and maintain comprehensive
<br />and ty limits property liability insurance with liabili ve, general liability
<br />limit for injury to or death of one Or more mits Of not less than $2,000,000 combined single
<br />e persons in any 0110 Occurrence and for damage or
<br />destruction to property in any one occurrence. Further, during the term of this Agreement,
<br />LESSEE shall procure, pay for, and maintain at least the following insurance coverages and
<br />limits, evidenced by delivery to LESSOR of certificates of ins
<br />listing coverages and H171its, Urance executed hy 00 inSUT018
<br />said policieS: exPrati017 dates and lei7ns of policiesj and listing �-/
<br />811 caaiers iSSUi,,g
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