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<br /> (a) Upon expiration or IOOner termination or this Lease, Lessor 'lime is or the essence of this Lease and eaclI and aU or its
<br /> upon written notice may take title to any or all improvements, terms, COYeRants or conditions in which peñormance is a factor.
<br /> including fills, or Lessor may require Lessee to rell1Oll'e all or any
<br /> 5Uch improvements at its sole expense and risIc; or Lessor may itself (e) Notice
<br /> remove or have removed aU or any portion of such improvements at AU notices required to be given under this Lase shall be &iven
<br /> Lessee's sole expense. Lessee shan delNer to Lessor such in writing, sent by u.s. Mail with postage prepaid, to Lcaor at
<br /> documentation as may be necessary to convey title to such the Off'ICCS of the State Lands CommissiOD and the Lessee at the
<br /> improvements to Lessor free and clear of any liens, mortgages, loans address specified in this Lease. Lessee shall give Lessor notice
<br /> or any other encumbrances. of any change in its name or address.
<br /> (b) In removing any 5Uch improvements Lessee: shan restore the (d) Coosent
<br /> Lease Premises as nearly as possible to the conditions existing prior Where Lessor's consent is required under this Lease its consent
<br /> to their installation or construction. . for one transaction or event shall DOt be deemed to be .
<br /> consent to any subsequent occurrence of the Ame or any other
<br /> (c) All plans for and 5Ubsequent removal and restoration shall be transaction or event.
<br /> to the satisfaction of Lessor and shall be completed within ninety (90)
<br /> days after the expiration or sooner tennination of this Lease or afler (e) Chaø¡cs
<br /> compliance with paragraph 12(d), whichever is the lesser. This Lease may be tenninated and its tenn, covenants and
<br /> conditions amended, revised or supplemented only by mutual
<br /> (d) In removing any or all the improvements Lessee shall be written agreement of the parties.
<br /> required to obtain any permits or other governmenlal approvals as
<br /> may then be required by lawful authority. (f) g.1(IOP"II QØ .'
<br /> The terms, covenants and conditions of this Lease shall extend
<br /> (e) Lessor may at any time during the lcase term require Lessee to to and be binding upon and inure to the benefit of the heirs,
<br /> conduct at its own expense and by . contractor approved by Lessor successors, and assigns of the respective parties.
<br /> an independent environmental site assessment or ånspection for the
<br /> presence or suspected presence of hazardous wastes, substances or (g) Joint and Several Oblig,atioo
<br /> materials as defined under federal, state or local law, regulation or If more than one Lessee is a party to this Lease, the obligations
<br /> ordinance manufactured, generated, used, placed, disposed, stored or of the Lessees shall be joint and several.
<br /> transported on the Lease Premises during the term of the Lease.
<br /> Lessee shall provide the results of the assessment or inspection to (h) Captioos
<br /> Lessor and the appropriate governmental response agency(ies) and The captions of this Lease are not controlling and shall have DO
<br /> shall further be responsible for removing or taking olher appropriate effect upon its construction or interpretation.
<br /> remedial aClion regarding such wastes, substances or materials in
<br /> accordance wilh applicable federal, state or local law regulation or (i) ScveIability
<br /> ordinance. If any term, covenant or condition of this Lease is determined
<br /> by a court of competent jurisdiction to be invalid, it shall be
<br /> 13. QUITaAIM considered deleted and shall not invalidate any of the remaining
<br /> Lessee shall, wilhin ninety (90) days of the expiration or IOOner terms, covenants and conditions.
<br /> terminalion of this Lease, execute and deliver to Lessor in a form
<br /> provided by Lessor a good and sufficient release of all rights under /
<br /> thi& l..c4sc. Should Lessee fail or refuse to deliver such a release, a /
<br /> written nOlice by Lessor reciting such failure or refusal shall, from the /
<br /> dale of its recordation, be conclusNe evidence apinst Lessee of the /
<br /> termination or this Lease and all other claimants. /
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<br /> 14. IIOLDING-OVER /
<br /> Any holding-over by Lessee aCler the expiration or the Lease tena, /
<br /> with or withoul the express or implied consent of Lessor, shall /
<br /> constitute a lenancy from month to month and not an extension of /
<br /> the Lease term and shall be on the terms, covenants, and conditions /
<br /> or this Lease, except that the annual rental then in effect shall be /
<br /> increased by twenty flYe percent (25%). /
<br /> /
<br /> 15. ADDmONAL PROVISIONS /
<br /> (a) Waiver /
<br /> (1) No lenn, covenant, or condition or this Lease and no /
<br /> default or breach of any such term, covenant or condition /
<br /> shall be deemed to have been waived, by Lessor's /
<br /> acceptance of a late or nonconforming peñonnance or /
<br /> otherwise, unless such a waiver is expressly acknowledged /
<br /> by Lessor in writing.
<br /> (2) Any such waiver shall not be deemed to be a waiver of any
<br /> olher lerm, covenant or condition of any olher default or
<br /> breach or any lena, covenant or condition of this Lease.
<br /> (b) TIIDC
<br /> Form 51.15 (Rev. 11/91)
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