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<br /> Lease No.SRL 10-0034 April 26,2010 Page 7 of 12
<br /> Lessee shall .not keep upon or about the Premises for use, disposal, treatment, generation, storage,
<br /> demonstration or sale any substances that are hazardous, toxic harmful or dangerous, and/or which are subject to
<br /> regulation as hazardous or toxic,dangerous,or as a pollutant by any federal,state,or local law,regulation,statute,or
<br /> ordinance(collectively referred to as"hazardous substances"). Lessee shall be responsible for any and all dsmages,
<br /> costs, fees (including attorney's fees and costs). civil and criminal penalties, or clean-up costs assessed against or
<br /> imposed as a result of Lessee's use, disposal,generation, storage,demonstration or sale of hazardous substances or
<br /> that of Lessee's employees,agents or invitees. Breach of this provision shall entitle Lessor to terminate this Lease.
<br /> CONDEMNATION
<br /> 21. Entire Taking
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<br /> If all of the Premises,or such portions of the Premises or of the Building as may be required for the reasonable use
<br /> of the Premises. are taken by eminent domain or under threat of eminent domain, this Lease shall automatically
<br /> terminate as of the date title vests in the condemning authority and all Rent, Additional Rent and other payments
<br /> shall be paid to that date.
<br /> 21.1 Constructive Taking of Entire Premises
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<br /> In the event of a taking of a material part of, but less than all of the Building, where Lessor shall reasonably
<br /> determine that the remaining portions of the Building cannot be economically and effectively used by it(whether on
<br /> account of physical, economic, aesthetic or other reasons),Lessor shall forward a written notice to Lessee of such
<br /> determination not more than sixty(60) days after the date of taking. The term of this Lease shall expire upon such
<br /> date,as Lessor shall specify in such notice but not earlier than sixty(60)days after the date of such notice.
<br /> 21.2 Partial Taking •
<br /> In case of taking of a part of the Premises,or a portion of the Building not required for the reasonable use of the
<br /> Premises,then this Lease shall continue in full force and effect and the Rent shall be equitably reduced based on the
<br /> proportion, if any.by which the floor area of the Premises is reduced.such Rent reduction to be effective as of the
<br /> date title to such portion vests in the condemning authority.
<br /> 21.3 Termination by Lessor
<br /> In the event that title to a part of the Building other than the Premises shall be so condemned or taken and if,in the
<br /> opinion of the Lessor,the Building should.be restored in such a way as to alter the Premises materially,the Lessor
<br /> may terminate this Lease and the term and estate hereby granted by notifying the Lessee of such termination within
<br /> sixty (60) days following the date of vesting of title, and this Lease and the term and estate hereby granted shall
<br /> expire on the date specified in the notice of termination,not less than sixty(60)days after the giving of such notice,
<br /> as fully and 'completely as if such date were the date set for the expiration of the term of this Lease, and the Rent
<br /> hereunder shall be apportioned as of such date.
<br /> 21.4 Awards and Damages • •
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<br /> Lessor reserves all rights to damages to the Premises for any partial, constructive, or entire taking by eminent
<br /> domain,and Lessee hereby assigns to Lessor any right Lessee may have to such damages or award,and Lessee shall
<br /> make no claim against Lessor or the condemning authority for damages for termination of the leasehold interest.
<br /> Lessee shall have the right, however, to claim and recover from the condemning authority
<br /> compensation for any loss to which Lessee may be put for Lessee's moving expenses, business �'f 1.44
<br /> interruption or taking of Lessee's personal property (not including Lessee's leasehold interest),
<br /> provided that such damages may be claimed only if they are awarded separately in the eminent ,
<br /> domain proceedings and not out of or as part of.the damages recoverable by Lessor.
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