encumbrance or mortgage on the LEASED PROPERTY must contain a clause
acknowledging and accepting the existence and duration of this LEASE, as well as
the right of extension herein contained, if said right of extension is agreed to
by the parties at the time of execution of said mortgage by LESSOR.
The parties acknowledge the fact that a series of protective covenants have been
stipulated as binding on LESSOR and the tenants of Parque Industrial Tecate,
which are incorporated into this LEASE and made a part hereof by reference. .
LESSOR and LESSEE declare that they are familiar with them and accept them as
binding for both. LESSOR guarantees that the LEASED PROPERTY does not violate
said covenants and that it complies with all regulations applicable to land use,
as is evident from the subdivision permit for industrial purposes with respect
to Parque Industrial Tecate.
THIRD.- IMPROVEMENTS.
3.1
LESSEE ACCEPTS THE LEASED PROPERTY IN "AS
IS" CONDITION AND CONFIGURATION. LESSEE AGREES THE THAT THE LEASED PROPERTY IS
IN GOOD ORDER AND SATISFACTORY CONDITION AND THAT THERE ARE NO REPRESENTATIONS
OR WARRANTIES BY LESSOR REGARDING THE CONDITION OF THE LEASED PROPERTY.
3.2
LESSEE MUST INDEMNIFY AND LEAVE LESSOR FREE
FROM ALL LIABILITY OR CLAIM ON ACCOUNT OF ANY PERSONAL CLAIMS OR INDEMNIFICATION
FOR DAMAGES ARISING OUT OF THE ACTIONS OF LESSEE IN FULFILLMENT OF ITS
OBLIGATIONS RELATED TO ANY CONSTRUCTION OF THE STRUCTURES, IMPROVEMENTS,
INSTALLATION OF MACHINERY AND EQUIPMENT OR REPAIR OF THE LEASED PROPERTY,
STIPULATED HEREIN.
FOURTH.- USE OF THE LEASED PROPERTY.
4.1
THE USES THAT LESSEE MAY MAKE OF THE LEASED
PROPERTY SHALL BE LIGHT AND CLEAN INDUSTRY, GENERAL OFFICE, WAREHOUSE,
MANUFACTURING, AND SIMILAR ITEMS, STOREHOUSE, SERVICES, REPAIRS ENGINEERING,
SALES, PRODUCT DEMONSTRATION EMPLOYEE AND CUSTOMER TRAINING, AUXILIARY
STOREHOUSE, VEHICLE PARKING, AND ANY OTHER INCIDENTAL USE RELATED TO THE
MANUFACTURE, STORAGE AND OFFICE SERVICE, AND FOR NO OTHER USE WITHOUT WRITTEN
AUTHORIZATION FROM LESSOR.
LESSEE SHALL NOT PERFORM, NOR ALLOW ANY PERSON TO
PERFORM, ANY ACT IN THE LEASED PROPERTY THAT IS CONTRARY TO THE LAWS, STATUTES,
ORDINANCES, RESTRICTIONS OR REGULATIONS OF THE GOVERNMENT WITH RESPECT TO THE
LEASED PROPERTY.
4.2
LESSEE SHALL NO CAUSE OR PERMIT ANY
HAZARDOUS SUBSTANCE (AS DEFINED BELOW) TO BE SPILLED OR RELEASED IN, ON, UNDER,
OR ABOUT THE LEASED PROPERTY, EXCEPT TO THE EXTENT AND IN THE AMOUNT ANY
HAZARDOUS SUBSTANCE IS CURRENTLY USED IN THE MANUFACTURING PROCESSES CURRENTLY
OPERATING AT THE LEASED PROPERTY, PROVIDED THAT THE SAME SHALL AT ALL TIMES BE
BROUGHT UPON, KEPT OR USED IN ACCORDANCE WITH ALL APPLICABLE MEXICAN LAWS AND
REQUIREMENTS.
LESSEE SHALL ALSO PROMPTLY, AT LESSEE'S EXPENSE, COMPLY WILL ALL
APPLICABLE REQUIREMENTS WHETHER OR NOT FORMALLY ORDERED OR REQUIRED, FOR THE
CLEANUP OF ANY CONTAMINATION OF, AND FOR THE MAINTENANCE, SECURITY AND/OR
MONITORING OF THE LEASED PROPERTY AND NEIGHBORING PROPERTIES, THAT WAS CAUSED OR
MATERIALLY CONTRIBUTED TO BY LESSEE, OR PERTAINING TO OR INVOLVING ANY HAZARDOUS
SUBSTANCE BROUGHT ON THE LEASED PROPERTY DURING THE LEASE TERM (AS DEFINED
BELOW) BY OR FOR LESSEE OR ANY THIRD PARTY.