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shall provide the results of the assessment or inspection to Lessor and the appropriate governmental response agency or agencies
<br />and shall further be responsible for removing or taking other appropriate remedial action regarding such Hazardous Material in
<br />accordance with applicable Environmental Law.
<br />(3) Environmental Indemnity.
<br />Lessee shall indemnify, defend, and hold Lessor and Lessor's, officer, appointees, volunteers, employees, agents,
<br />successors and assigns free and harmless from and against all Damages that may at any time be imposed upon, incurred by, or
<br />asserted or awarded against Lessor in connection with or arising from any Breach of Lessee's obligations hereunder; or out of
<br />any violation by Lessee of any Environmental Law; or resulting in the imposition of any lien or claim for the recovery of any
<br />costs for environmental cleanup or other response costs relating to the release or threatened release of Hazardous Materials on
<br />the Lease Premises during the Lessee's tenancy. This obligation shall include any prior leases between Lessor and Lessee and
<br />will continue through any periods Lessee is in holdover, unlawful detainer, or any subsequent month -to -month tenancies created
<br />by operation of law. Lessee's obligations hereunder will survive the expiration or sooner termination of this Lease.
<br />(4) Violation of this section shall constitute grounds for termination of the Lease. Lessor, shall notify Lessee when, in Lessor's
<br />opinion, Lessee has violated the provisions of this section. Lessee shall immediately discontinue the conduct and respond within
<br />five (5) business days. Lessee shall take all measures necessary to remedy the condition.
<br />14. QUITCLAIM
<br />Lessee shall, upon the early termination of this Lease and at Lessor's request, execute and deliver to Lessor in a form provided by
<br />Lessor a good and sufficient release of all rights under this Lease. Should Lessee fail or refuse to deliver such a release, Lessor may
<br />record a written notice reciting such failure or refusal. This written notice shall, from the date of its recordation, be conclusive
<br />evidence against Lessee of the termination of this Lease and all other claimants.
<br />15. HOLDING -OVER
<br />(a) This Lease shall terminate without further notice upon the expiration of the term of this Lease. Lessee shall have removed any
<br />Improvements and completed any restoration as required by Lessor prior to the expiration of this Lease, and shall surrender
<br />possession of the Lease Premises. Any failure by the Lessee to remove Improvements, restore the Lease Premises, and/or surrender
<br />possession of the Lease Premises at the expiration or sooner termination of this Lease shall not constitute a renewal or extension
<br />and shall not give Lessee any rights in or to the Lease Premises or any part thereof except as expressly provided in this Lease. Lessee
<br />shall be deemed in unlawful detainer of the Lease Premises and Lessor shall be entitled to all resulting legal remedies.
<br />(b) Lessor may, in its sole discretion, choose to accept Rent for the Lease Premises instead of immediately taking legal action to
<br />recover possession of the Lease Premises. Any tenancy created by operation of law on Lessor's acceptance of rent shall be deemed
<br />a month -to -month tenancy regardless of what sum or sums Lessee delivers to Lessor. Except as set forth below, any subsequent
<br />tenancy created in this manner shall be on the same terms, covenants, and conditions set forth in this Lease insofar as such terms,
<br />covenants, and conditions can be applicable to a month -to -month tenancy
<br />(c) In recognition of the increased accounting, land management, and supervisory staff time required for month -to -month tenancies,
<br />the rent for each month or any portion thereof during such holdover period may be an amount equal to one hundred fifty percent
<br />(150%) of one -twelfth (1/12) of the total compensation for the most recent year paid. In the event this Lease does not require
<br />monetary compensation, Lessor shall have the right to establish rent based on the fair market value of the Lease Premises. The
<br />month -to -month tenancy may be terminated by Lessee or Lessor upon thirty (30) calendar days' prior written notice to the other.
<br />16. ADDITIONAL PROVISIONS
<br />(a) Waiver
<br />(1) No term, covenant, or condition of this Lease and no omission, neglect, Default or Breach of any such term, covenant or
<br />condition shall be deemed to have been waived by Lessor's acceptance of a late or nonconforming performance or otherwise,
<br />unless such a waiver is expressly acknowledged by Lessor in writing. No delay or omission of Lessor to exercise any right or
<br />power arising from any omission, neglect, Default or Breach of term, covenant, or condition of this Lease shall be construed as
<br />a waiver or any acquiescence therein.
<br />(2) Any such waiver shall not be deemed to be a waiver of any other term, covenant or condition; of any successive Breaches
<br />of the same term, covenant, or condition; or of any other Default or Breach of any term, covenant or condition of this Lease.
<br />(b) Time
<br />Time is of the essence for this Lease and each and all of its terms, covenants or conditions in which performance is a factor.
<br />Form51.16 (Rev. 10/14)
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