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<br />3 <br />416585v5 SJR MU210-35 <br />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 /> <br /> 5. ASSIGNMENT AND SUBLETTING: <br /> <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 /> <br /> If, at any time during the Term of this Lease, Tenant (and/or the guarantor, if any) is: <br /> <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 /> <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 /> <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 /> <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.