THE DEMISED PREMISES AND IMPROVEMENTS IN GOOD AND LAWFUL ORDER AND
CONDITION, WEAR AND TEAR FROM REASONABLE USE EXCEPTED. WHEN USED IN THIS
ARTICLE, THE TERM "REPAIRS" SHALL INCLUDE
8
REPLACEMENTS, RESTORATION AND/OR RENEWALS WHEN NECESSARY. THE PROVISIONS AND
CONDITIONS OF ARTICLE NINE APPLICABLE TO CHANGES OR ALTERATIONS SHALL SIMILARLY
APPLY TO REPAIRS REQUIRED TO BE DONE BY LESSOR UNDER THIS ARTICLE. LESSEE
EXPRESSLY WAIVES THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF LESSOR AS PROVIDED
FOR IN ANY LAW IN EFFECT AT THE TIME OF THE EXECUTION OF THIS LEASE OR ANY
AMENDMENTS THEREOF, OR ANY OTHER LAW WHICH MAY BE HEREAFTER PASSED DURING THE
DEMISED TERM. LESSOR SHALL NOT BE REQUIRED TO MAKE OR SUPERVISE ANY EXPENDITURE
WHATSOEVER FOR THE MAINTENANCE OR REPAIR OF THE DEMISED PREMISES.
SECTION 7.02.
LESSEE SHALL PERMIT LESSOR AND THE AUTHORIZED
REPRESENTATIVES OF LESSOR TO ENTER THE DEMISED PREMISES AT ALL REASONABLE TIMES
DURING USUAL BUSINESS HOURS FOR THE PURPOSE OF INSPECTING THE SAME AND IN THE
EVENT LESSEE HAS FAILED TO COMMENCE WORK ON ANY REPAIR FOR A PERIOD OF THIRTY
(30) DAYS FOLLOWING WRITTEN DEMAND BY LESSOR (AND WITHOUT NOTICE IN AN
EMERGENCY), FOR THE PURPOSE OF MAKING ANY NECESSARY REPAIRS TO THE IMPROVEMENTS
AND PERFORMING ANY WORK THEREIN THAT MAY BE NECESSARY TO COMPLY WITH ANY LAWS,
OR THAT MAY BE NECESSARY TO PREVENT WASTE OR DETERIORATION OF THE DEMISED
PREMISES. THE PERFORMANCE THEREOF BY LESSOR SHALL NOT CONSTITUTE A WAIVER OF
LESSEE'S OBLIGATION TO PERFORM THE SAME AND LESSEE SHALL PAY TO LESSOR, AS
ADDITIONAL RENT, PROMPTLY AFTER DEMAND THEREFOR, ALL REASONABLE EXPENSES
INCURRED BY LESSOR IN MAKING SUCH ALTERATIONS OR REPAIRS. LESSOR SHALL NOT IN
ANY EVENT BE LIABLE FOR INCONVENIENCE, ANNOYANCE, DISTURBANCE, LOSS OF BUSINESS
OR OTHER DAMAGES OF LESSEE OR ANY OTHER OCCUPANT OF THE DEMISED PREMISES, OR
PART THEREOF, BY REASON OF MAKING REPAIRS OR THE PERFORMANCE OF ANY WORK ON THE
DEMISED PREMISES OR IMPROVEMENTS OR ON ACCOUNT OF BRINGING MATERIALS, SUPPLIES
AND EQUIPMENT INTO OR THROUGH THE DEMISED PREMISES OR IMPROVEMENTS DURING THE
COURSE THEREOF, AND THE OBLIGATIONS OF LESSEE UNDER THIS LEASE SHALL NOT THEREBY
BE AFFECTED IN ANY MANNER WHATSOEVER.
SECTION 7.03.
REFERENCE IS MADE TO PHASE I ENVIRONMENTAL ASSESSMENT
DATED MARCH 28, 2005 (A COPY OF WHICH HAS BEEN PROVIDED TO LESSEE), AND THE
EXISTENCE OF CERTAIN HAZARDOUS SUBSTANCES IN SOIL AT THE DEMISED PREMISES AT THE
LOCATIONS WHERE SOIL SAMPLES WERE COLLECTED, AS SHOWN ON FIGURE 3 OF THE
REPORT.
WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, BUT IN
ADDITION THERETO, LESSEE SHALL, AT LESSEE'S OWN COST AND EXPENSE, SEMI-ANNUALLY
INSPECT ALL PAVED AREAS OF THE DEMISED PREMISES NOW OR HEREAFTER EXISTING, AND
DELIVER TO LESSOR PROMPTLY THEREAFTER AN INSPECTION LOG THAT DESCRIBES THE
CONDITION OF THE PAVEMENT, AND ALL MAINTENANCE UNDERTAKEN BY LESSEE PURSUANT TO
THIS SECTION 7.03.
SECTION 7.04.
LESSOR AND LESSEE HEREBY AGREE THAT LESSEE SHALL, AT
LESSEE'S EXPENSE, (I) INSTALL AN OIL/WATER SEPARATOR USING A CONTRACTOR OF
LESSEE'S CHOOSING PROVIDED THAT THE