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and enjoyment of the Demised Premises, the Parking Area (as defined herein), all improvements located thereon and of all easements, rights and appurtenances thereunto belonging, (b) Landlord and Tenant shall execute a short form lease (the "Short Form Lease "), in such form as set forth in Exhibit "C ". 8. INTENMNALLY OOTTED 9. POSSESSM UPON CQMMENCEMENT OF TERM: Upon the Commencement Date, the covenants of Landlord set forth in Section 7(a) shall be in full, force and effect, 9.1 Tenant agrees to deliver to Landlord physical possession of the Demised Premises upon the termination or expiration of this Lease in good condition excepting, however, ordinary wear and tear, damage by fire or any other casualty, or damage from any other cause unless such other cause is solely attributable to the gross negligence of Tenant. 10. ASSIGNMENT AND SUBLETTING, Except for assignments or sublets to parents, affiliates or subsidiaries of Tenant (all of the foregoing shall be deemed a permitted assignment or sublease and shall not require the consent of Landlord), Tenant may not assign this Lease or sublet the Demised Premises or any part thereof without the prior written consent of Landlord, such consent not to be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, Tenant may assign or sublet this Lease without: the consent of Landlord if such assignment or subletting is to facilitate the sale by Tenant of all or a portion of Tenant's chain of stores, or if such assignment or subletting is allowed by the preceding sentence or for the continued use of the Demised Premises as an auto parts store. Notwithstanding any subletting or assignment, Tenant shall remain primarily liable for the performance of all the terms and conditions of this Lease. 11. 9NTENTMNALLY LVWTEN 12 HTENMNALLY OWT"TED 6538 Freestanding Building Lease 04812016 25G-5 3