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Materials customarily used in business operations so long as Tenant uses such Hazardous Materials <br /> in accordance with all applicable laws. Upon expiration or termination of this Lease Tenant shall <br /> remove all Hazardous Materials installed, used, stored or disposed of in the Premises by Tenant. <br /> Tenant shall indemnify, defend and hold Landlord harmless from and against any claim, damage <br /> or expense arising out of Tenant's installation, use, generation, storage, or disposal of any <br /> Hazardous Materials, regardless of 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 <br /> shall any assignment or transfer of this Lease be effectuated by operation of law or otherwise, (any <br /> 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 sole <br /> discretion. The consent by Landlord to any Assignment shall not be construed as a waiver or <br /> release of Tenant from the terms 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 acceptance <br /> of the Assignment or a waiver or release of Tenant or any transferee of any covenant or obligation <br /> contained in this Lease, nor shall any Assignment be construed to relieve Tenant from the <br /> requirement of obtaining the consent in writing of Landlord to any further Assignment. In <br /> conjunction with any requested assignment of this Lease, Landlord may require Tenant to execute <br /> a reaffirmation of Tenant's 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 <br /> on 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 />