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DRAFT: FOR DISCUSSION PURPOSES
<br />DO NOT RECORD
<br />8. Assignment. Tenant shall not, either voluntarily or by operation of law, assign,
<br />transfer, mortgage, pledge, or encumber this lease or any interest therein, and shall not sublet
<br />said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other
<br />person (the employees, agents, servants, and invitees of Tenant excepted) to occupy or use said
<br />Premises, or any portion thereof, without the prior written consent of the Landlord.
<br />9. Construction, Removal and Modification of the Leased Premises. Tenant shall
<br />have the right to modify, demolish or otherwise alter the improvements on the Leased Premises,
<br />or to add any new structures or improvements to the Leased Premises so long as the Leased
<br />Premises continued to be used for Park purposes.
<br />10. Maintenance and Repair. Tenant shall, at its sole cost and expense, maintain and
<br />repair the Premises including, but not limited to, the removal of all trash, debris, graffiti, as well
<br />as janitorial services and any necessary special intensive cleaning. If Tenant causes any damage
<br />to the Premises, or to access roadways or other nearby facilities, it shall properly repair same as
<br />specified by Landlord.
<br />11. Utilities.
<br />(a) Tenant shall pay for all electricity, gas, water and sewer services furnished to the
<br />Premises for the use, operation and maintenance of Tenant's premises during the Term of this
<br />Agreement, or any extension thereof, and for the removal of trash from the Premises during the
<br />Term of this Agreement, or any extension thereof.
<br />(b) Tenant shall have the right to improve the present electrical and telecommunication
<br />cabling and outlets and any other such infrastructure that would reasonably be associated with
<br />Tenant's intended use of the Premises, all at Tenant's sole cost and expense.
<br />12. Termination. In the event of any damage, destruction or condemnation of the
<br />Premises, which renders the Premises unusable or inoperable in Tenant's judgment, Tenant shall
<br />have the right, but not the obligation, to terminate the Agreement with respect to the subject
<br />Premises by giving written notice to Landlord within thirty (30) days after such damage,
<br />destruction or condemnation. If by virtue of such casualty or condemnation, Tenant determines
<br />that the Premises is no longer adequate for Tenant to continue its operations, or any repairs to the
<br />Premises have not been completed or cannot reasonably be completed within sixty (60) days
<br />from the date of the damage, destruction or condemnation. This Agreement will become null
<br />and void.
<br />In the event of condemnation, unless Tenant is allowed by the condemning authority to
<br />continue its operations in the Premises, this Agreement shall terminate as of the date title to the
<br />Premises vests in the condemning authority or Tenant is required to cease its operations,
<br />whichever is earlier. If any property described herein or hereinafter added hereto is taken in
<br />eminent domain, the entire award shall be paid to Landlord.
<br />13. Notices. All notices, statements, demands, requests, consents, approvals,
<br />authorizations, appointments, or designations hereunder by either party to the other shall be in
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<br />11 /4/2008
<br />25P-4
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