|
Page 3,
<br />ARTICLE IV.
<br />PE
<br />`T.
<br />Lessor represents and warrants :that all buildings, structures,
<br />driveways, approaches, tanks, pumps# signboards, light posts, lighting
<br />facilities, electric power lines and other equipment and appliances (here-
<br />inafter referred to as "Improvements ,) located on the premises and hereby
<br />leased to Lessee are erected and installed under proper governmental con-
<br />sents, permits and licenses (hereiriefter referred to collectively as
<br />permits ) where xAm* are required,ind in compliance with ordinances and
<br />other governmental rules and regulations, and are of good material and
<br />skilled workmanship, are properly erected and installed and suitable for
<br />the purposes for which they are designed to be used, namely, a gasoline
<br />and oil filling and service stationp including the greasing and servicing
<br />of automobiles, the making of minor replacements and repairs, the parking
<br />of automobiles for hire, and for the marketing of automobile tires, acces-
<br />sories and other merchandise; all, or one or more branches thereof being
<br />the business which Lessee proposes to conduct or cause to be conducted
<br />on the premises; Lessee reserving, however, the right to conduct or cause
<br />to be conducted thereon any lawful business. Lessor shall furnish and keep
<br />in effect at its sole cost and expense the necessary permits required by
<br />any governmental authority for the construction, installation, maintenance
<br />and operation of the improvements to be made and constructed under the
<br />provisions of the article herein entitled "LESSOR'S IMPROVEMENTS." Lessor
<br />agrees to indemnify, protect and save harmless Lessee and those claiming
<br />under, through or against Lessee of and from any and all claims, demands
<br />and liability of whatsoever nature for loss, damage, injury or other
<br />casualty caused, suffered or sustained (without negligence on the part of
<br />Lessee or other claimant) by Lessee or those claiming under, through or
<br />against Lessee in or resulting from any defect in the construction of such
<br />improvements or any unit thereof or in the materials used therein. After
<br />said premises are accepted by Lessee for occupancy and use, annual license
<br />fees and other occupational taxes and charges covering the conduct of
<br />business are to be paid by Lessee as provided in the article entitled
<br />"LICENSES AND OCCUPATIONAL CHARGES.e
<br />In the event Lessor shall be unable to furnish the permits required
<br />for the construction, installation, maintenance and operation of the improve-
<br />ments to be made hereunder within Sixty (60) days from the date hereof,
<br />Lessee shall have the option of cancelling and terminating this lease by
<br />notice to such effect to Lessor; and, in the event this lease is so termi-
<br />nated, Lessee shall not be liable to Lessor on account of any covenant or
<br />obligations herein I contained.
<br />ARTICLE V.
<br />IMPROVEMENTS BY LESSEES
<br />Lessee shall have the right to erect, install, maintain and
<br />oporate on said premises such buildings, structures improvements, equipment,
<br />fixtures trade or otherwise) and appliances (with the right of removal as
<br />hereinafter provided), on, under and above the ground as it may require or
<br />desire in the conduct of the business to be conducted on said premises
<br />the same to be in addition to those of Lessor as described in the next'
<br />succeeding article entitled "LESSORtS IMPROVEMENTS." Lessee shall have
<br />the further right to make, at its expense, such additions to or alterations
<br />in Lessorts.buildings, structures, and improvements as Lessee shall deem
<br />desirable or necessary, and to make connections with any and all water,
<br />gets and sewer lines and pipes on or serving the demised premises, and
<br />to continue the use and service thereof during the term of this lease.
<br />
|