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and enjoyment of the Demised Premises, the Parking Area (as defined herein), all improvements <br />located thereon and of all easements, rights and appurtenances thereunto belonging. <br />(b) Landlord and Tenant shall execute a short form lease (the "Short Form Lease "), in <br />such form as set forth in Exhibit °C ". <br />a. INTENTIONALLY OMiTTED <br />9. P®SSESSi)ON UPON COMMENCEMENT OF TERM: Upon the Commencement Date, <br />the covenants of Landlord set forth in Section 7(a) shall be in full, force and effect. <br />9.1 DeiiyeEy Of Possession Upon Termination Or ExRiration Of Term: Tenant agrees <br />to deliver- to Landlord physical possession of the Demised Premises upon the termination or <br />expiration of this Lease in good condition excepting, however, ordinary wear and tear, damage by <br />fire or any other casualty, or damage from any other cause unless such other cause is solely <br />attributable to the gross negligence of Tenant. <br />10, ASSIIGNMENT AND SUBLETTIING: Except for assignments or sublets to parents, <br />affiliates or subsidiaries of Tenant (all of the foregoing shall be deemed a permitted assignment <br />or sublease and shall not require the consent of Landlord), Tenant may not assign this Lease or <br />sublet the Demised Premises or any part thereof without the prior written consent of Landlord, <br />such consent not to be unreasonably withheld, delayed or conditioned. Notwithstanding the <br />foregoing, Tenant may assign or sublet this Lease without the consent of Landlord if such <br />assignment or subletting is to facilitate the sale by Tenant of all or a portion of Tenant's chain of <br />stores, or if such assignment or subletting is allowed by the preceding sentence or for the <br />continued use of the Demised Premises as an auto parts store. Notwithstanding any subletting or <br />assignment, Tenant shall remain primarily liable for the performance of all the terms and <br />conditions of this Lease. <br />11, INTENTIONALLY OMITTED <br />12. iNTENTI®NALLY OMITTED <br />5538 Freestanding Building Lease 04212015 3 <br />