LANDLORD
MAY CONSENT TO SUBSEQUENT ASSIGNMENTS OR SUBLEASES OR AMENDMENTS OR
MODIFICATIONS TO THIS LEASE WITH ASSIGNEES, SUBTENANTS OR SUCCESSOR OF TENANT,
WITHOUT NOTIFYING TENANT OR ANY SUCCESSOR OF TENANT AND WITHOUT OBTAINING ANY
CONSENT THERETO FROM TENANT OR ANY SUCCESSOR OF TENANT, AND SUCH ACTION SHALL
NOT RELEASE TENANT FROM LIABILITY UNDER THIS LEASE.
(D)
TENANT SHALL HAVE NO RIGHT TO MORTGAGE,
GRANT A LIEN UPON, ENCUMBER OR OTHERWISE FINANCE TENANT'S INTEREST UNDER THIS
LEASE OR RECORD A LIEN UPON TENANT'S INTEREST IN THE PREMISES UNDER THIS LEASE,
AND TENANT SHALL NOT PERMIT, CAUSE OR SUFFER TO BE RECORDED IN THE REAL ESTATE
RECORDS OF THE COUNTY IN WHICH THE PREMISES ARE LOCATED ANY MORTGAGE, DEED TO
SECURE DEBT, DEED OF TRUST, ASSIGNMENT, UCC FINANCING STATEMENT OR ANY OTHER
DOCUMENT GRANTING, PERFECTING, OR RECORDING A LIEN UPON TENANT'S INTEREST IN
THIS LEASE OR INTEREST IN THE PREMISES UNDER THIS LEASE.
TENANT SHALL NOT GIVE
ANY NOTICE, OR PERMIT OR CAUSE ANY OTHER PARTY TO GIVE ANY NOTICE, TO LANDLORD
OF ANY EXISTING LIEN ON OR SECURITY INTEREST IN TENANT'S INTEREST IN THIS LEASE
OR INTEREST IN THE PREMISES UNDER THIS LEASE.
TENANT SHALL NOT REQUEST THAT
LANDLORD EXECUTE (NOR SHALL LANDLORD HAVE ANY OBLIGATION TO EXECUTE) ANY
NON-DISTURBANCE, ATTORNMENT OR ANY OTHER AGREEMENT IN FAVOR OF ANY PARTY
TRANSACTING ANY BUSINESS OR TRANSACTION WITH OR RELATED TO TENANT.
(E)
IF TENANT SHALL ASSIGN THIS LEASE OR SUBLET
THE PREMISES TO ANY PERSON OTHER THAN LANDLORD, OR REQUEST THE CONSENT OF
LANDLORD AND MORTGAGEE TO ANY ASSIGNMENT, SUBLETTING, OR OTHER ACTION WHICH
REQUIRES LANDLORD'S CONSENT HEREUNDER, TENANT SHALL PAY (I) LANDLORD'S
REASONABLE STANDARD PROCESSING FEE WHICH SHALL NOT EXCEED FIVE THOUSAND DOLLARS
($5,000) IN EACH INSTANCE AND (II) LANDLORD'S AND MORTGAGEE'S ATTORNEYS' FEES
AND COSTS INCURRED IN CONNECTION THEREWITH.
(F)
TENANT AGREES TO GIVE NOTICE TO MORTGAGEE
OF ANY REQUEST FOR CONSENT TO ANY ASSIGNMENT OR TRANSFER OF THE LEASE OR
SUBLETTING OF ALL OR ANY PORTION OF THE PREMISES SIMULTANEOUSLY WITH DELIVERY OF
NOTICE THEREOF TO LANDLORD.
26.
HAZARDOUS MATERIAL
(A)
TENANT (I) SHALL COMPLY, AND CAUSE THE
PREMISES TO COMPLY, WITH ALL ENVIRONMENTAL LAWS (AS HEREINAFTER DEFINED)
APPLICABLE TO THE PREMISES (INCLUDING THE MAKING OF ALL SUBMISSIONS TO
GOVERNMENTAL AUTHORITIES REQUIRED BY ENVIRONMENTAL LAWS AND THE CARRYING OUT OF
ANY REMEDIATION PROGRAM SPECIFIED BY SUCH AUTHORITY), (II) EXCEPT AS CURRENTLY
EXISTING AS OF THE COMMENCEMENT DATE, SHALL PROHIBIT THE USE OF THE PREMISES FOR
THE GENERATION, MANUFACTURE, REFINEMENT, PRODUCTION, OR PROCESSING OF ANY
HAZARDOUS MATERIAL (AS HEREINAFTER DEFINED) OR FOR THE STORAGE, HANDLING,
TRANSFER OR TRANSPORTATION OF ANY HAZARDOUS MATERIAL (OTHER THAN IN CONNECTION
WITH THE OPERATION, BUSINESS AND MAINTENANCE OF THE PREMISES AND IN COMMERCIALLY
REASONABLE QUANTITIES AS A CONSUMER THEREOF AND SUPPLIER OF CONSUMER PRODUCTS
AND IN COMPLIANCE WITH ENVIRONMENTAL LAWS), (III) SHALL NOT PERMIT TO REMAIN,
INSTALL OR PERMIT THE INSTALLATION ON THE PREMISES OF ANY SURFACE IMPOUNDMENTS,
UNDERGROUND STORAGE TANKS (OTHER THAN THE UNDERGROUND TANKS IN ACCORDANCE WITH
THE PROVISIONS OF PARAGRAPH 26(F)), PCB-CONTAINING