USE, GENERATE, MANUFACTURE, PRODUCE, STORE, RELEASE,
DISCHARGE, DISPOSE OF, OR ARRANGE FOR THE DISPOSAL OF ON, UNDER OR ABOUT THE
PREMISES OR TRANSPORT TO OR FROM THE PREMISES ANY HAZARDOUS SUBSTANCE OR ALLOW
ANY OTHER PERSON OR ENTITY TO DO SO.
(B)
THE COMPANY SHALL KEEP AND MAINTAIN THE PREMISES IN COMPLIANCE
WITH, AND SHALL NOT CAUSE OR PERMIT THE PREMISES TO BE IN VIOLATION OF, ANY
ENVIRONMENTAL LAW.
(C)
THE COMPANY SHALL GIVE PROMPT WRITTEN NOTICE TO THE CITY AND THE
PURCHASERS OF:
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(I)
ANY PROCEEDING BY ANY GOVERNMENT AUTHORITY WITH RESPECT TO THE
PRESENCE OF ANY HAZARDOUS SUBSTANCE ON THE PREMISES OR THE MIGRATION THEREOF
FROM OR TO OTHER PROPERTY,
(II)
ALL CLAIMS MADE BY ANY THIRD PARTY AGAINST THE COMPANY OR THE
PREMISES RELATING TO LOSS OR INJURY FROM ANY HAZARDOUS SUBSTANCE;
(III)
THE COMPANY'S DISCOVERY OF ANY OCCURRENCE OR CONDITION ON THE
PREMISES OR ADJOINING REAL PROPERTY OR IN THE VICINITY OF THE PREMISES THAT
COULD CAUSE THE PREMISES OR PART THEREOF TO BE SUBJECT TO ANY RESTRICTIONS ON
THE OWNERSHIP, OCCUPANCY, TRANSFERABILITY OR USE OF THE PREMISES UNDER ANY
ENVIRONMENTAL LAW OR TO BE SUBJECT TO RESPONSE OR CLEANUP COSTS.
SECTION 4.3
QUIET ENJOYMENT.
THE CITY COVENANTS THAT THE COMPANY,
UPON PAYING SAID RENT AND PERFORMING THE COVENANTS AND AGREEMENTS CONTAINED
HEREIN, SHALL AND MAY PEACEABLY AND QUIETLY HOLD AND ENJOY THE PREMISES FOR
THEIR TERM PROVIDED HEREIN.
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ARTICLE V
ASSIGNMENT AND SUBLEASING
SECTION 5.1
BY COMPANY.
EXCEPT AS PROVIDED HEREIN, THE COMPANY
SHALL NOT ASSIGN THIS LEASE AGREEMENT NOR SUBLET THE PREMISES, IN WHOLE OR IN
PART, WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY, WHICH CONSENT SHALL NOT BE
UNREASONABLY WITHHELD.
THE CONSENT OF THE CITY NEED NOT BE OBTAINED IF THE
ASSIGNMENT OR SUBLETTING IS TO A SUBSIDIARY OR AN AFFILIATE OF THE COMPANY.
No consent by the City to any assignment or sublease by the Company shall
relieve the Company of any obligation to be performed by the Company under this
Lease Agreement.
The Company shall, within fifteen (15) days after the delivery thereof, furnish
to the City and the Purchasers a true and complete copy of the agreements or
other documents effectuating any such assignment or sublease.
SECTION 5.2
BY CITY.
THE CITY SHALL HAVE THE RIGHT TO SELL, ASSIGN,
TRANSFER, IN WHOLE OR IN PART, ALL OF ITS RIGHTS IN THE PREMISES PROVIDED THAT
ANY SUCCESSOR TO THE CITY AGREES IN WRITING THAT SO LONG AS THE COMPANY IS NOT
IN DEFAULT IN THE PAYMENT OF RENT OR IN THE PERFORMANCE OF ANY OF THE TERMS,
COVENANTS AND CONDITIONS OF THIS LEASE AGREEMENT UPON THE COMPANY'S PART TO BE
PERFORMED (A) THE COMPANY SHALL NOT BE DISTURBED IN ITS POSSESSION AND SAID
SUCCESSOR SHALL CARRY OUT THE CITY'S OBLIGATIONS UNDER THIS LEASE AGREEMENT; AND
(B) THE COMPANY SHALL NOT BE NAMED IN ANY ACTION OR PROCEEDINGS BY THE HOLDER OF
ANY MORTGAGE TO FORECLOSURE THEREUNDER, AND ANY SUCH ACTION SHALL NOT RESULT IN
THE CANCELLATION