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presence of any hazardous or toxic substances on the Premises, except for such substances as may be <br /> placed on the Premises by the Lessee. <br /> Lessee shall not keep upon or about the Premises for use, disposal,treatment,generation, <br /> storage,demonstration or sale any substances that are hazardous,toxic harmful or dangerous, and/or <br /> which are subject to regulation as hazardous or toxic, dangerous,or as a pollutant by any federal,state, <br /> or local law, regulation, statute,or ordinance (collectively referred to as "hazardous substances"). <br /> Lessee shall be responsible for any and all damages, costs,fees (including attorney's fees and costs),civil <br /> and criminal penalties, or clean-up costs assessed against or imposed as a result of Lessee's use, <br /> disposal,generation,storage, demonstration or sale of hazardous substances or that of Lessee's <br /> employees,agents or invitees. Breach of this provision shall entitle Lessor to terminate this Lease. <br /> ADDITIONAL LEASE PROVISIONS <br /> 19. Except for those specific items identified under Sections 20-22, it is agreed that the Lessee <br /> has inspected the premises and accepts the premises"as-is"and that Lessor is not required to make any <br /> changes to the premises that is the subject of this Lease. <br /> 20. Lessor shall make all reasonable efforts to mitigate or repair those items identified on <br /> attached "Exhibit B". <br /> 21. Lessor shall install and maintain carbon monoxide detectors in the lease space. <br /> 22. Lessor shall respond to air quality complaints within 24 hours. Lessor will be responsible for <br /> performing investigation and/or testing. Lessor will be responsible for performing testing and resolution <br /> in response to any said complaints that are unresolved within a 72-hour period. Lessee shall reimburse <br /> the lessor for testing that does not reveal air quality outside safety standards. <br /> WITHHOLDING OF RENT PAYMENTS <br /> 23. If the Lessor fails to maintain the premises the Lessee may withhold ten percent(10%) of <br /> rent payments until such time as Lessor completes deficient maintenance, repair and/or improvements <br /> that may be required. Lessee shall provide Lessor with a list of deficient maintenance, repair and/or <br /> improvement items and notify Lessor that Lessee will withhold rent payment until deficient <br /> maintenance, repair and/or improvements have been completed. Lessee shall place all withheld rent <br /> payments in an interest-bearing account. Withheld rent payments plus accrued interest will be remitted <br /> to Lessor after Lessee has verified that Lessor has satisfactorily completed all maintenance, repair <br /> and/or improvements. Nothing in this provision shall limit other remedies which may be available to <br /> Lessee under this Lease. <br /> CONDEMNATION <br /> 24. Entire Taking <br /> If all of the Premises,or such portions of the Premises or of the Building as may be required for the <br /> reasonable use of the Premises,are taken by eminent domain or under threat of eminent domain,this <br /> Lease shall automatically terminate as of the date title vests in the condemning authority and all Rent, <br /> Additional Rent and other payments shall be paid to that date. <br /> Page 16 LEASE AGREEMENT <br />