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8. UTILITIES AND FEES: Lessee agrees to pay all charges for all utilities and services utilized
<br /> by Lessee on the property during the term of the Lease. All other items, including all license fees and
<br /> other governmental charges assessed on Lessee (except property taxes and assessments which will be
<br /> handled pursuant to the provisions in previous sections) will be paid directly by Lessee, failing which the
<br /> Lessor may pay and bill Lessee, as additional rent,with interest at the highest rate allowed by law.
<br /> 9. ASSIGNMENT AND SUBLETTING:
<br /> A. General Prohibition-Consent Required. Lessee shall not assign or transfer this Lease or any
<br /> interest or rights therein, nor delegate its duties under this Lease,nor sublease the whole or any part of the
<br /> Site, nor grant an option for assignment, delegation, transfer or sublease for the whole or any part of the
<br /> Site, nor shall this Lease or any interest thereunder be assignable,delegable or transferable by operation of
<br /> law,or by any process or proceeding of any court or otherwise without obtaining the prior written consent
<br /> of Lessor. If Lessor gives its consent to any assignment, delegation, sublease or other transfer, this
<br /> paragraph shall nevertheless continue in full force and effect, and no further assignment, delegation,
<br /> sublease or other transfer shall be made without Lessor's consent.
<br /> B. Notice by Lessee—Production of Records. If Lessee desires to assign,delegate,sublease or
<br /> transfer, or grant an option for assignment, delegation, sublease or transfer for, the whole or part of the
<br /> Site,or any portion of this Lease or any interest therein,Lessee shall notify Lessor in writing of said desire to
<br /> assign,delegate,sublease,transfer or to grant an option and the details of the proposed agreement at least
<br /> sixty (60) days prior to the proposed date of assignment, delegation, sublease, transfer or grant to a third
<br /> party. The notification shall include,but not be limited to,the proposed date of the assignment,delegation,
<br /> sublease, transfer or grant, a description of the expected terms of the assignment, delegation or sublease
<br /> or other transfer or grant and a full disclosure of any and all payments and any and all other consideration
<br /> of any kind to be received by Lessee. Upon request by Lessor, Lessee shall provide:
<br /> a financial statement of the proposed assignee, delegatee, sublessee, transferee or
<br /> grantee;
<br /> ii. a copy of the assignment,delegation, sublease or other transfer or grant document;
<br /> iii. an affidavit from the proposed assignee, delegatee, sublessee, transferee or grantee
<br /> stating it has examined this Lease, has had the opportunity to consult with legal counsel regarding the
<br /> terms of the Lease and understands all such terms and conditions,agrees to assume and be bound by all
<br /> of the Lessee's obligations and covenants under this Lease as if it were the original Lessee hereunder;and
<br /> iv. any other documents or information requested by Lessor related to the assignment,
<br /> delegation, sublease or other transfer or grant.
<br /> C. Approval by Lessor -- Fees. Lessor shall review the request and respond with either an
<br /> approval or disapproval of the request not later than ten(10)days prior to the proposed date of assignment,
<br /> delegation, sublease, transfer or grant. Disapproval of any such request shall be final and binding on the
<br /> Lessee. Lessor shall charge to Lessee a reasonable fee for administrative costs for the review and processing
<br /> of any assignment,delegation,sublease or other transfer or grant.
<br /> D. Included Property. "Included Property" shall mean the leasehold improvements added by
<br /> the Lessee and any non-removable fixtures purchased by the Lessee attached thereto that are transferred
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