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(d) fesseeiMemnigcatlon.Lescee shall indemnify, defend and holdtessor, its agents, empbvees, lenders and ground lessor, gamy, harmless from and
<br />apinst arty antl all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorney' and Poesubantr'foes arising out of or involving any
<br />Hazardous5ubsfance bmughto m the Premises by prior Lessee, or anythbtl party (Pmyidad, h usawal Nat Lesseeshall have no ItabilRyuMer this leR awn,
<br />ONguluasptctW undergroundmut Out efanydI, the s Substanceunderthe PremBesfromadjacent prImparts notcausedofmntribuat W rsLesser.Lessees
<br />that-Anssha(Iinclude, butno[belimitedontheeration/d/raatemeno or injurytoperson, prapenyortheewlation fcreateder sufferedby lessee, and
<br />thecost of investigation, removal, remediatkn,res[orati0n and(Orabmemen4 and shall survive the expiation Or Wrminaton of this Lease No orminatkn,
<br />rancelaton or Meazeagmement enterer Ina by tessorantl Lesseeshall release lessee from Itsobligatlons underthis Leine wi<hrespert W Haardous Substances, unless spedficallYw agreed by Lessor in writlng tithe dine of suds agreement
<br />(a) lessorlrMemnifltatbn.ExcePt As otherwise provided in paragraph 8.7, Lessor and its successors and assigns shall indemnify defend, reimburse and
<br />hold lessee, Its employees Rod lenders, harmless from ad against any and all environmental damages, including the cost of remedatlon, which result ham
<br />Hazardous Substances which existed on the Premises prior W lessee's occupancy or which are caused by the gross negligence or willful misconduct of lessor, its
<br />agents or employees. lessor's obligations, as and when required by the Applicable Requirements, shall include, but not be limited to, the cast of investigation,
<br />removal, remediatiom resorption and/Or abatement, and shall survive the expiation or termination ofthis Lease.
<br />if) Investigattms and Rsmredagnns. Lessor shall retain the responsibility and pay for any investigations or monedialon measures required by
<br />Rwemmental "uncles having jurisdiction with respect W the existence of Hazardous Substances on the Premhes prier to Lesson's occupancy, unless such remedia0an
<br />measure is required as a result of Lessee's use (including "Alterptions-, as defined in pamgaph 7.3(a) below) of the Premises, in which event lessee shall be
<br />responsible for such payment Lessee shall coopeaa fully in any such activities at the request of Lessor, including allowing Lessor and Lessor's agents W have
<br />reasonableg) Ltithe Premisesatreasonable nmesin order[o arty euttesmr's imestiganveand remedial mspomibilRks.
<br />(th 4ssw Termhase Lessees 11 the
<br />investigation
<br />and soundseepaagrephequiced by the App0oae, Requiem Lease, unless Lesseeis legally
<br />responsible therefor (in which case Lessee shall make the paragraph 6 and and Parnon thereof assorm by the Aoes opts Requirements and this Lease shall me such
<br />to full force and effect, but subject se Leswr's rights ..on, o paragraph possible
<br />and Paragraph cape in which
<br />event
<br />LRsm2s option, occur a investigate and remediate such
<br />Hazardous Substance [oMitipn, g requireQ as soon as reasonably possible at lessor's expense, in wM1ich event Nisteau shall continue in full force and effect, or (it) if
<br />theestimated Past W remediate such condition exceeds 12 times the then monthly Base Rent or $100,000, whcheverw greater, give written notice W Lessee, within
<br />30tlaysa@erreceiptte Lessor ofknowledgeo/the occurrenceof ruche R mo mSubstanceContlitian, of Lesson desire thtermar,gve lease asofthe dateor
<br />daysfallowing Me date of such notice. In the even[ Lessor elearto give a termination nonce. Lessee may, within 10 days tfiereatte5 give written notice to lessor of
<br />Lassoe's commitment to PRY the amount by which the cost of the remediation of such Hazardous Substance condition exceeds an amount equal to 12 times the then
<br />monthlygase Rem or $1CD,WD, whicM1everis greater. Lesseeshall provide Lessor with said funds Or satisfactory, assuanre thereof within 30days following such
<br />commitment. in such even[, this Lease shall continue in full force and effect. and Lessor shut proceed to make such remediation as soon as reasonably possibleafter
<br />the required funds are available. ff teesee does apt give such nonce and provide the required funds or assuancethereof within Hearne prodded, this Lease shall
<br />terminate.as fthe data speciffecim t Imsnotice oftermination.
<br />0.3 Lessee's CamPHImpowith pppliraWeRequirements. Exceptas othervaisepoavidad in this Lease.Lesseeshall, at Lao,,v'smle expense, fully, dirpntryand
<br />in a army manner, materially comply with all Applicable Requirements, the requirementsofany applicable fire insurance underwriter or adng bureaµ and the
<br />recommendations of Lessoi s engineers and/or onsulants which relate in any manner to the Premises, without regard to whetheraid Applicable Requirements am
<br />now In effect or become a8ective after the Start Date. Lessee shalt within Mdays after receipt of Lessor's written request, provide lessor with copies of all permits
<br />and other documenb, and other information evidencing Lessee's-R Plance with arty Applicable Requirements specinetl by fesmg and shalHmmediaoty upon
<br />hahoam4 notify Lessor in writing With copies of any documents Involved) of any threatened Of actual calm, mefim, danon, warning, complaint or report Bsodml0g to
<br />or inva.Mog the failure of Lessee or the Premises to comply with any Applicable Requirement. ❑kewiu,tessee shall immediately give wisdom notice to lesser of, (I)
<br />any water damage W the Premius and any suspected seepage,p lin& dampness or other condition miMutwe to the production of mods or (Ft) any mustiness Or
<br />other odors that might indicate the presence of to in the Premises. In addition, Lessee shall provide Lessor with copies of its bushiea license, certfiote, of
<br />occupancy aadjo. any similar document within 10 days of the receipt ofa written request therefor
<br />6.4 Impectbm Compflance. Lessor and Lessors tend h`(as defined Ica Paragraph 30) and consultants authorized by Lessor shall have the right to enter into
<br />Premises at any time, in the au of an emergency, and otherwise at reasonable nmoantru reasOnahle notice, for the purpose Of inspecting and/or testing the
<br />mntlNon of the Premises aM1or forverifying compliance by LesuewiN Mis lease. The Past of anysuch inspections shall bepaid by lessor, unless aviolation Rt
<br />Applicable Requirementr, ore Haaud0us6ubsunce Condition (see Paagaph 92} is found tv exist or he imminent, prthe inspection is requested or ordered bye
<br />govemmentai authority. In such case, Lessee shall upon request reimburse Lessor for the cost of such inspection, so Nagas such inspection is reasonably related to
<br />the violation Or contamination. in additioq lessee shall provide copes of all relevant material safety data sheets (MSDS) to Lessor within 10 days afthe receipt of a
<br />writenrequestlherefs, Lessee acknowledges that any failure on Its pan to allow such iculnutlans Of testing will expose Lesser to risksaod potentially apse Lessor
<br />to incur costs not contemplated by this Lease, the excentof which will beextremelydificult to ascerain. Accon ingiy, should the lessee fail to allow such inspections
<br />and)ormstlng ina timelyashion[he gaze Pent shallbe auomatially increased, without any requirement far such to Lessee, by an amount equal to Res IUe
<br />than existing a. se Rent or 5100, whichever is greater for the remainder up, the Lease. The Paoies agree that won increase in ease Hart represents bar And reasonable
<br />camparnob.n for the addiFonal risk/cosis that Lessor will incur byreawn of lessee's failure to allgw such inspection and/or testing. Such increase m Base gent shall
<br />in no event consul a waiver of Lessee's Default or Breach with respect W such failure nor prevent the exercise Of any othee other rights and remedies granted
<br />hereunder.
<br />1. MafMeearrce;Repairs; Wity Insallatbm; Tide Mixtures And Alaratkm.
<br />7.1 lessee's Obllgadom.
<br />(a) In Geverel. Subject to the provisions of Paagaph 2.2(Condition), 23(Compliancel, 1.1(Lessee's Comphance with Applicable asonbementsj,7.2
<br />(Lessor's Obligations), 9 (Damage or Desrmcdon), and 14 (Condemnation), Lessee shall, At lessee's sale expense, keep the Pmmiws, UOfity in Wilanons (intended lot
<br />Lessee's exclusive use, no matter her. looted}, and AReanous in good order condition and repair (whether Or not the. portion of the Premises requiring repairs, or
<br />the means of mon,mg the same, are reasonably or readily accessible to Lessee, and whether or not the need for such repairs omurs as a..ft of tessee's use, any
<br />prior use, the elements or the age ofwch portion of the Promises), including, but not limited to, all equipment Or turbines, such as plumbing, HVAC equipment,
<br />electrical, lighting bucadues, boilers, pressure vessels, fire promotion system, fixtures, walls (interior and external, ceilings, floors, stain, windows, doors, plate glass,
<br />skylights, landsapin& driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, Or adjacent W the Premises. Lessee is also
<br />responsible for knepng the roof and roof drainage dean and free of debns. Lessor shah keep the surface and structural elements of the mof, foundations, and bearing
<br />walls in goad repair (see pa agaph 72). lessee, in keeping the Premises in good Ruder, condition and repair, shall exercise and perform good of inenance practices,
<br />specifically including the pmcuremeM and maintenance of the service contacts requbed by Paragraph T,1(b) below. Lessee's oblgadonsshall include resimenmts,
<br />replacements or renewals when necessary to keep the Premises andtali improvtsementhereon or a Pan thereof in goal order condition and state of repair Lessee
<br />shall, during the term of this W.au, keep the exterior appearance of the gambling in a first-class condition (induding, e.&gaffin removal) consistent with the exterior
<br />appearance of Other similar facilities of comparable age and size in thevics including, when necessary, the exterior repainting of the Building.
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<br />INITIALS Last Edited: 3/18/2020 6:28 PM N-'I ITiAlS
<br />® 20ll AIR CRE. All Rights Reserved. STG-27.20, Revised 11-01-2017
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