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arising out of any civil tort or criminal activity; provided however, that the foregoing indemnificotion sholl not opply to the extent arising out of the gross negligence or willful misconduct of Lessee or the Lessee Parties. lf any action or proceeding is brought against Lessee by reason of ony of the foregoing matters, Lessor shall upon notice defend the same at Lessor's sole cost and expense by counsel reasonably satisfactory to Lessee and Lessee shall reasonably cooperate with Lessor in such defense. If Lessee in its sole discretion shall determine that it is in Lessee's interest to have separate legal counsel, Lessor shall indemnify Lessee for any legal fees and costs incurred by Lessee for the defense of any such claims. Lessee need not have first paid any such claims in order to be defended or indemnified hereunder. <br />65.Notices. Notwithstanding anything to the contrary in the Form Lease, all notices, requests, ordemands herein provided to be given or made, or which may be given or made by either party tothe other, shell be given or made only in writing and shall be deemed to have been duly given: (i)upon delivery, or if delivery is rejected when delivery was attempted, of U.S. Certified Mail,properly addressed, postage prepaid with return receipt requested; or (ii) upon delivery, or ifdelivery is rejected when delivery was attempted, when sent via overnight or express mailcourier, properly addressed and postage prepaid; (iii) when delivered personally al the addresslisted below their respective signatures (signature required), or (iv) by e-mail, and if so sen� (a)the subject line of the e•mail shall state "URGENT: NOTICE TO [LESSEE] (LESSOR]" (orsubstantially similar thereto) and (b) followed within one ( I) business day by a copy sent by amethod prescribed in (i), (ii) or (iv) above; provided however, that nll deliveries or attempteddeliveries shall only be made or attempted to be made on a Business Day. Notwithstanding theprescribed methods of delivery set forth above, actual receipt of written notice by o partydesignated below shall constitute notice given in accordance with the Agreement on the dotereceived, unless deemed earlier given pursuant to the foregoing methods of delivery. The properaddress to which notices, requests or demands may be given or made by either party shall be theaddress set forth for such party as set forth in the Form Lease, or to such other address or to suchother person as any party shall designate in writing, such address may be changed by writtennotice given to the other party In accordance with this Paragraph. <br />66, ADA Upgrades. Except with respect to the Work as set forth in Section 62 above, Lessor shallnot be required to provide ADA upgrades to the Premises. <br />67.lntentionolly Omitted. <br />68.Inspections. Notwithstanding anything to the contrary set forth In the Fonn Lease, uponreasonable notice to Lessee, Lessor shall have the right to inspect the Premises, or cause thePremises to be inspooted by a third party chosen by Lessor, to verify that Premises are at all timesbeing operated in full compliance with the terms of Paragraph 6 l of this Addendum and asotherwise required by this Lease. In the event that any such inspection reveals any such non•complionce, the some shall be, at the option of Lessor, a Default and or Breach by Lessee underthe Lease. As additional consideration for Lessor's entering into this Lease, Lessee shallreimburse and pay to Lessor, in addition to Base Rent and other Rent due hereunder, the cost ofany such inspection, up to $500 per inspection but no more than once each calendar month, tohelp offset the cost of such inspections, such amounts to be paid by Lessee to Lessor within 5days ofter Lessee's receipt from Lessor ofa copy of the applicable inspection report and invoicetherefor, and all such amounts being deemed Rent under this Lease. <br />69.Option to Purchase . Lessor hereby grants to Lessee an option (the "Purchase Option�) during thePurchase Option Period (as defined herein below) to purchase the Premises upon the followingterms: <br />10 <br />12926441.1 <br />EXHIBIT 1