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(g) Lessor Termination Option. If a Hazardous Substance Condition (see Paragraph 9.1(e)) occurs during the term of <br />this Lease, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof <br />required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under <br />Paragraph 6.2(d) and Paragraph 13), Lessor may, at Lessor's option, either (i) investigate and remediate such Hazardous Substance <br />Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and <br />effect, or (ii) if the estimated cost to remediate such condition exceeds 12 times the then monthly Base Rent or $100,000, whichever is <br />greater, give written notice to Lessee, within 30 days after receipt by Lessor of knowledge of the occurrence of such Hazardous <br />Substance Condition, of Lessor's desire to terminate this Lease as of the date 60 days following the date of such notice. In the event <br />Lessor elects to give a termination notice, Lessee may, within 10 days thereafter, give written notice to Lessor of Lessee's commitment <br />to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to 12 times <br />the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with said funds or satisfactory assurance <br />thereof within 30 days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor shall <br />proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such <br />notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified <br />in Lessor's notice of termination. <br />6.3 Lessee's Compliance with Applicable Requirements. Except as otherwise provided in this Lease, Lessee shall, at <br />Lessee's sole expense, fully, diligently and in a timely manner, comply with all Applicable Requirements, the requirements of any <br />applicable fire insurance underwriter or rating bureau, and the recommendations of Lessor's engineers and/or consultants which relate <br />in any manner to such Requirements, without regard to whether said Requirements are now in effect or become effective after the <br />Start Date. Lessee shall, within 10 days after receipt of Lessor's written request, provide Lessor with copies of all permits and other <br />documents, and other information evidencing Lessee's compliance with any Applicable Requirements specified by Lessor, and shall <br />immediately upon receipt, notify Lessor in writing (with copies of any documents involved) of any threatened or actual claim, notice, <br />citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable <br />Requirements. Likewise, Lessee shall immediately give written notice to Lessor of (i) any water damage to the Premises and any <br />suspected seepage, pooling, dampness or other condition conducive to the production of mold; or (ii) any mustiness or other odors that <br />might indicate the presence of mold in the Premises. <br />6.4 Inspection; Compliance. Lessor and Lessor's "Lender" (as defined in Paragraph 29) and consultants shall have the <br />right to enter into Premises at any time, in the case of an emergency, and otherwise at reasonable times after reasonable notice, for the <br />purpose of inspecting the condition of the Premises and for verifying compliance by Lessee with this Lease. The cost of any such <br />inspections shall be paid by Lessor, unless a violation of Applicable Requirements, or a Hazardous Substance Condition (see <br />Paragraph 9.1) is found to exist or be imminent. In such case, Lessee shall upon request reimburse Lessor for the cost of such <br />inspection, so long as such inspection is reasonably related to the violation or contamination. In addition, Lessee shall provide copies <br />of all relevant material safety data sheets (MSDS) to Lessor within 10 days of the receipt of written request therefor. <br />7. Maintenance; Repairs, Utility Installations; Trade Fixtures and Alterations. <br />7.1 Lessee's Obligations. <br />(a) In General. Subject to the provisions of Paragraph 2.2 (Condition), 2.3 (Compliance), 6.3 (Lessee's <br />Compliance with Applicable Requirements), 7.2 (Lessor's Obligations), 9 (Damage or Destruction), and 14 (Condemnation), <br />Lessee shall, at Lessee's sole expense, keep the Premises, Utility Installations (intended for Lessee's exclusive use, no matter where <br />located), and Alterations in good order, condition and repair (whether or not the portion of the Premises requiring repairs, or the <br />means of repairing the same, are reasonably or readily accessible to Lessee, and whether or not the need for such repairs occurs as a <br />result of Lessee's use, any prior use, the elements or the age of such portion of the Premises), including, but not limited to, all <br />equipment or facilities, such as plumbing, HVAC equipment, electrical, lighting facilities, boilers, pressure vessels, fixtures, interior <br />walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass, and skylights but excluding any items which <br />are the responsibility of Lessor pursuant to Paragraph 7.2. Lessee, in keeping the Premises in good order, condition and repair, shall <br />exercise and perform good maintenance practices, specifically including the procurement and maintenance of the service contracts <br />required by Paragraph 7.1(b) below. Lessee's obligations shall include restorations, replacements or renewals when necessary to keep <br />the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. <br />(b) Service Contracts. Lessee shall, at Lessee's sole expense, procure and maintain contracts, with copies to <br />Lessor, in customary form and substance for, and with contractors specializing and experienced in the maintenance of the following <br />equipment and improvements, if any, if and when installed on the Premises: (i) HVAC equipment, (ii) boiler and pressure vessels, and <br />(iii) clarifiers and grease interceptors. Lessor reserves the right, upon notice to Lessee, to procure and maintain any or all of such <br />service contracts, and Lessee shall reimburse Lessor, upon demand, for the cost thereof. <br />(c) Failure to Perform. If Lessee fails to perform Lessee's obligations under this Paragraph 7.1, Lessor may <br />enter upon the Premises after 10 days' prior written notice to Lessee (except in the case of an emergency, in which case no notice shall <br />be required), perform such obligations on Lessee's behalf, and put the Premises in good order, condition and repair, and Lessee shall <br />promptly pay to Lessor a sum equal to the cost thereof. <br />25L-10 <br />