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6.1C <br /> Page 16 <br /> �9.2 Transfer of 4wnership. The disso6ution, merger, consolidation, or other <br /> reorganization of the corporation, association, partnership or limited liability <br /> company or the sale or other transfer of fifty one percent 451%) or more of the <br /> �ssefis af the business entity shall be deemed an assignment wi#hin #he meaning <br /> and provisions of this Paragraph. If the L,essee shall assign fifty one percen# <br /> t51%� or more of the ownership, Lessee shall provide written notice sixty �60} <br /> days before the assignment. The Lessor shall have the right to renegotiate the <br /> Agreement, including the terr�s, fees, or any and all portions of �he Agreement, <br /> and �essor shall have the right to condition approval of the transfier of ownership <br /> on Lessee's acceptance of the new terms and conditions. <br /> 2Q. �.IEN� A,ND �NSC�LVENCY <br /> 2�.� Lessee shali keep the rremise free from any iiens arising out of any work <br /> perforr�ned for, ma#erials furnished to, or obfigations incurred by Lessee and shall <br /> indemnify, defend, and hold Lessor harmfess from the same. If Lessee or <br /> Lessee's Guarantar shall be declared insoEvent or bankrupt or if any assignment <br /> of�essee's property shall be made for the benefit of the creditors or othenrvise, or <br /> if Lessee's improvement interest herein shali be {evied upon under execution, or <br /> seized by virtue of any wri# of any court of Iaw, or a trustee in bankruptcy, or if a <br /> receiver be appointed for the property of Lessee, whe�her under operation of the <br /> State or the Federal statutes, then Lessor may terminate this Agreement and <br /> immediateEy take possESSian of said Premises upon written notice. Such taking <br /> of possession sl�alf not terminate the continuing obligations of Lessee, including <br /> payment of ren# and any other appl�cab[e charges. <br /> 21. HAZARD4US MATERIALS <br /> 21.1 Prior to the Lease Commencement Date, Lessee shafl nave the right to make <br /> any tests andlor studies Lessee deems necessary with respect to any hazardous <br /> materials in, on or about the Premises; however, permission and supervision of <br /> #he 1.essor is required prior to conducting any tests or studies. If found, Lessee <br /> shall meet with the Lessor to determine if such hazardous material poses a <br /> heafth an� safety issue that may require its r�mo�al ar r�m�diation. �essar shafl <br /> provide Lessee wifh copies of any hazardous materiai tests it or any other pa�ty <br /> has canducted on the Premises or Building, in its possession. Lessor shal! not <br /> have any obligation to remove or remediate hazardous materials and shalt retain <br /> #he righ# to immediately terminate this lease if continued use of the Premises by <br /> Lessee requires such removaf or remediation. �essor sha!( not be responsibfe for <br /> any costs incurred by Lessee prior to such termination or as #he resuft of such <br /> termination. <br /> 21.2 Assiqnment and Reficensinq. It shali not be unreasonable for �.essor to withhold <br /> its cvnsent to an assignment or sublease to a proposed assignee or sublessee if <br /> (i} any anticipated use of the Premises by any proposed assignee or sublessee <br /> involves the generation or storage, use, treatment or disposal or release of <br /> Hazardous Material in any manner or for any purpose, (ii) fihe proposed assignee <br /> or sublessees has been required by any prior lan�ford, lender or governmental <br /> autharity to take remedial action in connection with Hazardous Material <br /> contam�nating a property, if the cor�tamination resulted from s�ch par�y's act�on <br /> ATTY/AGR/2009.024 Initials Page 12 <br /> 061609 <br />