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DRAFT <br /> Materials") without Landlord's written approval of each Hazardous Material. Landlord shall not <br /> unreasonably withhold its approval of use by Tenant of immaterial quantities of Hazardous <br /> Materials customarily used in business operations so long as Tenant uses such Hazardous <br /> Materials in accordance with all applicable laws. Upon expiration or termination of this Lease <br /> Tenant shall remove all Hazardous Materials installed, used, stored or disposed of in the <br /> Premises by Tenant. Tenant shall indemnify, defend and hold Landlord harmless from and <br /> against any claim, damage or expense arising out of Tenant's installation, use, generation, <br /> storage, or disposal of any Hazardous Materials, regardless of whether Landlord has approved <br /> the activity. <br /> 5. ASSIGNMENT AND SUBLETTING: <br /> Tenant will not assign, transfer, mortgage or encumber this Lease or sublet or rent or <br /> franchise or permit occupancy or use of the Premises, or any part thereof by any third party; nor <br /> shall any assignment or transfer of this Lease be effectuated by operation of law or otherwise, <br /> (any of the foregoing being hereinafter referred to as an "Assignment") without in each such case <br /> obtaining the prior written consent of Landlord, which consent shall be subject to Landlord's <br /> sole discretion. The consent by Landlord to any Assignment shall not be construed as a waiver <br /> or release of Tenant from the tet ns of any covenant or obligation under this Lease, nor shall the <br /> collection or acceptance of rent from any transferee under an Assignment constitute an <br /> acceptance of the Assignment or a waiver or release of Tenant or any transferee of any covenant <br /> or obligation contained in this Lease, nor shall any Assignment be construed to relieve Tenant <br /> from the requirement of obtaining the consent in writing of Landlord to any further Assignment. <br /> In conjunction with any requested assignment of this Lease, Landlord may require Tenant to <br /> execute a reaffirmation of Tenant's liability hereunder, with waiver of defenses based solely on <br /> suretyship. <br /> If, at any time during the Term of this Lease, Tenant (and/or the guarantor, if any) is: <br /> (i) a corporation or a trust (whether or not having shares of beneficial <br /> interest) and there shall occur any change in the identity of any of the persons then having <br /> power to participate in the election or appointment of the directors, trustees, or other <br /> persons exercising like functions and managing the affairs of Tenant, or <br /> (ii) a partnership, limited liability company or association or otherwise not a <br /> natural person (and is not a corporation or a trust) and there shall occur any change in the <br /> identity of any of the persons who then are members of such partnership or association or <br /> who comprise Tenant, <br /> such change shall be deemed to be an Assignment. This Section shall not apply if Tenant(and/or <br /> guarantor, if any) named herein is a corporation and the outstanding voting stock thereof is listed <br /> on a recognized national securities exchange. <br /> Whether or not Landlord has consented to assignment or sublease, Tenant shall pay <br /> directly to Landlord the amount by which the rent or other payments received by Tenant <br /> pursuant to such assignment or sublease exceeds, in any month, the Rent and additional rent <br /> payable by Tenant to Landlord Hereunder. <br /> 3 <br /> 416585v5 SJR MU210-35 <br />