HAZARDOUS SUBSTANCE SHALL MEAN ANY
PRODUCT, SUBSTANCE OR WASTE WHOSE PRESENCE, USE, MANUFACTURE, DISPOSAL,
TRANSPORTATION, OR RELEASE, EITHER BY ITSELF OR IN COMBINATION WITH ANY OTHER
MATERIALS EXPECTED TO BE ON THE LEASED PROPERTY, IS EITHER: (I) POTENTIALLY
INJURIOUS TO THE PUBLIC HEALTH, SAFETY OR WELFARE, THE ENVIRONMENT OR THE LEASED
PROPERTY, (II) REGULATED OR MONITORED BY ANY GOVERNMENTAL AUTHORITY, OR (III) A
BASIS OF POTENTIAL LIABILITY OF LESSOR TO ANY GOVERNMENTAL AGENCY OR THIRD
PARTY.
LESSEE INDEMNIFIES LESSOR HARMLESS FROM AND AGAINST ANY AND ALL LOSS OF
RENTS AND/OR DAMAGES, LIABILITIES, JUDGMENTS, CLAIMS, EXPENSES, PENALTIES AND
ATTORNEYS' AND CONSULTANTS' FEES ARISING OUR OF OR INVOLVING ANY HAZARDOUS
SUBSTANCE BROUGHT ONTO THE LEASED PROPERTY BY OR FOR LESSEE OR ANY THIRD PARTY.
2
FIFTH.- TERM OF THE LEASE , PERMITS, AUTHORIZATIONS AND LICENSES.
5.1
THE TERM OF THIS LEASE ("LEASE TERM") SHALL
COMMENCE ON THE DATE (HEREINAFTER "LEASE STARTING DATE") THIS LEASE IS SIGNED
AND ENTERED INTO AND SHALL END AT MIDNIGHT ON THE DATE THAT IS 5 YEARS AFTER THE
LAST DAY OF THE MONTH IN WHICH THE LEASE STARTING DATE FALLS, UNLESS SOONER
TERMINATED OR FURTHER EXTENDED AS HEREINAFTER PROVIDED.
AFTER THE INITIAL LEASE
TERM, LESSEE HAS THE OPTION TO LEASE FOR ONE (1) PERIOD OF FIVE (5) YEARS, AS
DESCRIBED IN SECTION 6 HEREIN.
IF LESSEE PROPERLY EXERCISES THIS OPTION, IT
WILL BE MANDATORY FOR LESSOR.
5.2
LESSEE, AT ITS EXCLUSIVE EXPENSE AND RISK,
SHALL OBTAIN ALL PERMITS, LICENSES, AND AUTHORIZATIONS FROM THE FEDERAL, STATE
AND MUNICIPAL AUTHORITIES, AND FOR THAT PURPOSE, LESSEE DECLARES THAT IT WILL
USE THE INDUSTRIAL PREMISES FOR A LIGHT AND CLEAN INDUSTRY, GENERAL OFFICE,
WAREHOUSE AND DISTRIBUTION, UNDER THE PROGRAM APPROVED BY THE MINISTRY OF THE
ECONOMY, WITH THE SPECIFIC USE STIPULATED BY SECTION 4.1 HEREIN.
SIXTH.- RENT, TERMS AND CONDITIONS OF PAYMENT
6.1
DURING THE LEASE TERM, LESSEE AGREES TO PAY
AS THE TOTAL PRICE OF THE RENT FOR THE LEASED PROPERTY IN THE AMOUNT OF
$317,898.36 PER ANNUM, CURRENCY OF THE UNITED STATES OF AMERICA.
THE RENT SHALL
BE PAYABLE IN EQUAL MONTHLY INSTALLMENTS OF $26,491.53 U.S. DOLLARS IN ADVANCE
ON THE FIRST DAY OF EACH MONTH DURING THE LEASE TERM , EXCEPT THAT UPON THE
EXECUTION OF THIS LEASE LESSEE SHALL PAY THE FIRST MONTHLY RENT, OR IF THE LEASE
STARTING DATE IS NOT THE FIRST DAY OF A MONTH, LESSEE, UPON THE EXECUTION OF
THIS LEASE, SHALL PAY THE PRORATED RENT FROM SUCH DATE THROUGH THE END OF SUCH
MONTH AND THE AMOUNT CORRESPONDING TO THE LAST MONTHLY PAYMENT SHALL BE THE
PRORATED PROPORTION OF THE MONTHLY RENT PAYMENT EQUIVALENT TO THE TIME THAT THE
LEASED PROPERTY WAS OCCUPIED BY LESSEE, UNTIL SUCH TIME AS THIS LEASE
TERMINATES.
6.2
THE ABOVE MENTIONED RENT PAYMENTS MUST BE
EFFECTED BY LESSEE IN DOLLARS, CURRENCY OF THE UNITED STATES OF AMERICA, AT THE
LESSOR'S ADDRESS.
PAYMENT MAY BE MADE IN PESOS, MEXICAN CURRENCY, AT AN
EXCHANGE RATE DETERMINED BY THE BANCO DE MÉXICO AND PUBLISHED IN THE OFFICIAL
GAZETTE OF