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its approval of use by Tenant of immaterial quantities of Hazardous Materials customarily used in <br /> business operations so long as Tenant uses such Hazardous Materials in accordance with all <br /> applicable laws. Upon expiration or termination of this Lease Tenant shall remove all Hazardous <br /> Materials installed,used, stored or disposed of in the Premises by Tenant. Tenant shall indemnify, <br /> defend and hold Landlord harmless from and against any claim, damage or expense arising out of <br /> Tenant's installation,use,generation,storage,or disposal of any Hazardous Materials,regardless of <br /> whether Landlord has approved 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 shall <br /> any assignment or transfer of this Lease be effectuated by operation of law or otherwise,(any of the <br /> foregoing being hereinafter referred to as an"Assignment")without in each such case obtaining the <br /> prior written consent of Landlord,which consent shall be subject to Landlord's sole discretion. The <br /> consent by Landlord to any Assignment shall not be construed as a waiver or release of Tenant from <br /> the terms of any covenant or obligation under this Lease, nor shall the collection or acceptance of <br /> rent from any transferee under an Assignment constitute an acceptance of the Assignment or a <br /> waiver or release of Tenant or any transferee of any covenant or obligation contained in this Lease, <br /> nor shall any Assignment be construed to relieve Tenant from the requirement of obtaining the <br /> consent in writing of Landlord to any further Assignment. In conjunction with any requested <br /> assignment of this Lease, Landlord may require Tenant to execute a reaffirmation of Tenant's <br /> liability hereunder, with waiver of defenses based solely on 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 interest) <br /> and there shall occur any change in the identity of any of the persons then having power to <br /> participate in the election or appointment of the directors, trustees, or other persons <br /> 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 on <br /> a recognized national securities exchange. <br /> Whether or not Landlord has consented to assignment or sublease,Tenant shall pay directly <br /> to Landlord the amount by which the rent or other payments received by Tenant pursuant to such <br /> assignment or sublease exceeds, in any month, the Rent and additional rent payable by Tenant to <br /> Landlord Hereunder. <br /> 3 <br /> 416585v5 SJR MU210-35 <br />