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<br /> 8. UTILITIES AND FEES: Lessee agrees to pay all charges for all utilities and
<br /> services utilized by Lessee on the property during the term of the Lease. All other items,
<br /> including all license fees and other governmental charges assessed on Lessee (except property
<br /> taxes and assessments which will be handled pursuant to the provisions in previous sections) will
<br /> be paid directly by Lessee, failing which the Lessor may pay and bill Lessee, as additional rent,
<br /> 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
<br /> Lease or any interest or rights therein, nor delegate its duties under this Lease, nor sublease the
<br /> whole or any part of the Site,nor grant an option for assignment, delegation,transfer or sublease for
<br /> the whole or any part of the Site, nor shall this Lease or any interest hereunder be assignable,
<br /> delegable or transferable by operation of law, or by any process or .proceeding of any court or
<br /> otherwise without obtaining the prior written consent of Lessor. If Lessor gives its consent to any
<br /> assignment, delegation, sublease or other transfer, this paragraph shall nevertheless continue in
<br /> full force and effect, and no further assignment, delegation, sublease or other transfer shall be
<br /> made without Lessor's consent.
<br /> B. Notice by Lessee — Production of Records. If Lessee desires to assign, delegate,
<br /> sublease or transfer, or grant an option for assignment, delegation, sublease or transfer for, the
<br /> whole or part of the Site, or any portion of this Lease or any interest therein, Lessee shall notify
<br /> Lessor in writing of said desire to assign, delegate, sublease, transfer or to grant an option and the
<br /> details of the proposed agreement at least sixty (60) days prior to the proposed date of assignment,
<br /> delegation, sublease, transfer or grant to a third party. The notification shall include, but not be
<br /> limited to, the proposed date of the assignment, delegation, sublease, transfer or grant, a description
<br /> of the expected terms of the assignment, delegation or sublease or other transfer or grant and a full
<br /> disclosure of any and all payments and any and all other consideration of any kind to be received by
<br /> Lessee. Upon request by Lessor, Lessee shall provide:
<br /> i. 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
<br /> regarding the terms of the Lease and understands all such terms and conditions, agrees to assume
<br /> and be bound by all of the Lessee's obligations and covenants under this Lease as if it were the
<br /> original Lessee hereunder; and
<br /> iv. any other documents or information requested by Lessor related to the
<br /> assignment, delegation, sublease or other transfer or grant.
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