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Exhibit A to Lease Assignment and Assumption
<br />portion of said deposit, Tenant shall within ten (10) days after written demand therefore forward
<br />funds to Landlord in an amount sufficient to restore said deposit to the full amount hereinabove
<br />stated, and Tenant's failure to do so shall be a breach of this Lease. Landlord shall not be
<br />required to keep said deposit separate from its general accounts. If Tenant performs all of
<br />Tenant's obligations hereunder, said deposit or so much thereof as has not theretofore been
<br />applied by Landlord, shall be returned, without payment of interest or other increment for its use,
<br />to Tenant within fifteen (15) days after the expiration of the term hereof, or after Tenant has
<br />vacated the Premises, whichever is later.
<br />5. Landlord's Authority, Quiet Eniovment. I,andiord represents and warrants to
<br />Tenant that it has the power and authority to execute and deliver this Lease and to carry out and
<br />perform all covenants to be performed by it hereunder. Landlord covenants that Tenant, upon
<br />paying the rent and all other charges herein provided for, and observing and keeping all
<br />covenants, agreements and conditions of this Lease on its part to be kept, shall quietly have and
<br />enjoy the Premises during the term of this Lease without hindrance or molestation by anyone
<br />claiming by or through Landlord.
<br />6. Utilities. Tenant shall pay promptly when due all charges for water, sewer,
<br />garbage disposal, telephone, electricity, cable, heat, gas, power, and any other utilities or services
<br />and Like charges, including any fire protection charge, furnished to or consumed upon the
<br />Premises. Landlord shall not be liable for any failure or interruption of utility service to the
<br />Premises, unless such failure is caused by the gross negligence of Landlord, or Landlord's agents
<br />or employees.
<br />7. Taxes. Landlord shall be responsible to timely pay all real estate assessments on
<br />the Premises. Any special business assessment or tax, such as personal property taxes, levied
<br />against Tenant's business and/or its personal property, shall be the responsibility of Tenant.
<br />8. Repairs, Maintenance and Condition of Premises.
<br />8.1 Condition of Premises. Tenant accepts the Premises "as is" in their
<br />current condition, subject to Landlord updating all lighting within the warehouse and office area
<br />of the Premises to fluorescent lighting, at Landlord's sole cost and expense. Landlord shall
<br />deliver the Premises to Tenant broom -clean and free of debris on the Commencement Date.
<br />Landlord warrants to Tenant that the Premises, and every part thereof, including, but not limited
<br />to the roof, the exterior walls and surfaces, the foundations, the structural integrity, gates and
<br />fences, all paved surfaces, and the "Building Systems" [i.e., plumbing system, electrical system,
<br />lighting system, loading/roll-up door systems, heating, ventilation and air conditioning
<br />("H'VAC") system, fire suppression system and/or life safety systems, if any] shall be in good
<br />repair and/or in good operating condition on the Commencement Date. If this warranty is
<br />violated, then it shall be the obligation of Landlord, after receipt of written notice from Tenant
<br />setting forth the nature of the violation, to, within thirty (30) days of receipt of notice, at
<br />Landlord's sole cost, rectify such violation.
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