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F:PoC 'flEF CEPPirUS CA TO <br /> Ad eg1j9g4;;y_ <br /> 2 . <br /> the following conditions precedent, in the event iho following conditions have not been fu ed <br /> within (---- -) days after the hate of execution of this Lease, this L ay be <br /> immediately terminated by either party upon written notice to the other: <br /> A. All permits and approvals required for the installation of TENANT' standard 'fascia <br /> signs on the Building and ItS standard freestanding pole sign at the beat' on the Premises <br /> speclfiied on the Flot Pura having been obtained or valved in writing by NANT. The TENANT <br /> shall have the privilege of the placement of such signs as agreed an escribed in Exhibit S aind <br /> Exhibit D ("the Signage Criteria") attached hereto and made a pa this Lease, said permit to be <br /> applied for and obtained by and at the expense of the TENA <br /> E3. Aii permlts, licenses and govemmentai zohi approvals required for the sale pf auto <br /> Parts. supplies, accessories, motor fuels, petrole produoms and other automotive related <br /> products and servioes having been obtained. <br /> C. Test borings, perootation an they soil and groundwater tests (including, but not <br /> limited to, testing for hydrocarbons, ardous wastes,toxic pollutants and other contaminants) <br /> being obtained by and at the expen of LANDLORD showing underground Conditions t*tisfootory <br /> to TENANT. <br /> Q. Other enviton ntal observations and tests having being performed by TENANT In Its <br /> sole discretion with re t8 satisfactory to TENANT(including tests and observations for hazardous <br /> substanoes, wetl s areas end upgrado-m environm i hazard). <br /> Should T elect to appeal any adverse odminlstmtive ruling or inhiate legal prooeedings to <br /> saxtsty of the conditions precedent, then the tirtta period specified above, and the dates gel <br /> tort the COnstruction Addendum, shall be extended for the period of time TENANT oontinues <br /> 24. >:KOLUSIYE. in outer to preserve TENANT'S visibli ity and agility to pay rent, LANOLORD <br /> agrees that it does not and shall not po mn any ooqupant of any building subject to LANDLORD'S <br /> aperation or control within a half•mii0 of the PremiseS(other than TENANT)to operate a business <br /> the prino3pal purpose of which Is the retar'I sale of auto parts, supplies, actowries, gasoline and <br /> petroleum products or othor auto related products. <br /> 25. QUIET ENJOYMENT. Upon {saying the rent and performing the terms, covenants and <br /> conditions of this Lease, TENANT shall quietly have, mold and enjoy the Premises and all rights <br /> granted TENANT by this Lease. <br /> 26. SLISOI OINATION. TENANT agrees-that its l-:asvhotd interest is subordinate to any mortgages <br /> affecting the Premises: provided, as a condition precedent to such subordination, each such <br /> mortgagee shall expressly covenant or each such mortgage must expressly provide that zo tong <br /> as TENANT is not in defsuit Lander this Lease, TENANT'S quiet possession of the Premises shall <br /> remain undisturbed on the terms, oovertants and conditions stated herein, whether or not the <br /> moMage is in default and notwithsmnding any foreclosure-or other action brought by the holder <br /> of the mortgage in connection therewith and the LANDLORD shall obtain a non-disturba INIT. <br /> agreement from any mortgagees in Existence at the time of execution of this Lease. TENA gzr. <br /> agrees to t amply with reasonable requests for execution of Svbordination agreements, subject <br /> to the LANDLORD'S compliance wi h the above provisions and the approval by its lender(s). <br /> 27, CHANGE OF OWNERSHIP. LANDLORD shall provide to"TENANT a written notice in the event <br /> LANDLORD conveys titre to the Premises,or assigns LANDLORD'S interest in this Lean to another I N IT, <br /> party. Such notice shalt be accompanied by documents which evidence the transfer of title or 7, <br /> assignment of interest and the effec-tive date thereof. After receipt of such notice, rem payments ° <br /> *TENANT agrees to deliver% to LANDLORD Estoppel Certificate twenty (20.) days <br /> kr� <br /> of receipt of the LANOLORO'S written request. thtn L <br />
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