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(4)— Maintenance. (a) During the term of this lease, lessee shall at lessee's expense make minor repairs
<br />to said premises, buildings and improvements, including repairs to plumbing, heating equipment, electrical wiring and fixtures,
<br />and replace broken windows, provided the total cost of said repairs and /or replacement of windows does not exceed $50.00
<br />at any one time. Lessee agrees to paint the buildings and improvements whenever it deems such painting necessary.
<br />equipment and fix ure essor, and to keep the same in good repair durin th ease, as well as t Qy `
<br />replace any equipment furnished by lessor -or - an cannot in the opinion of lessee,,b��A
<br />placed in first -class condition by reaso ven essor s to make repairs or replacementsta -T7 j� k
<br />provided f au orized to make the necessary repairs or replacements an rentalsjto i
<br />(c) Lessor further agrees that in the event any structures on said premises are damaged or destroyed, lessor
<br />shall notify lessee within twenty (20) days from the date of such destruction or damage whether or not lessor intends to
<br />restore the premises to their former condition and if lessor so elects to restore the premises to their former condition, lessor
<br />shall replace within sixty (60) days any such structures damaged or destroyed. If lessor fails to notify lessee within
<br />said twenty (20) day period or notifies lessee that lessor does not intend to restore the premises, or fails to restore
<br />the same, lessee at its election may immediately terminate the lease effective as of the date the damage or destruction
<br />occurred, in which event rental shall abate from the date of destruction or damage, or do the necessary repairing
<br />or rebuilding itself and have the right to apply accruing rentals to reimburse itself for the principal expenditure, together
<br />with interest at six per cent. If prior to and /or during the time the premises are undergoing repairs the use thereof by
<br />lessee is materially interfered with, the rent accruing during such period or periods shall abate.
<br />(5)— Removal of Property. Lessee shall have the right at any time during the continuance of this lease or within
<br />thirty (30) days after its termination to sever and remove all buildings, and improvements, fixtures, equipment and other
<br />property owned by lessee or placed on said premises by lessee during the term of this or any previous lease, or any
<br />extension or renewal thereof.
<br />(6)—Lessee's Right of Termination. Should lessee be prevented from establishing or continuing the business of
<br />distributing petroleum products on the whole or any part of said premises, due to any law, ordinance or regulation by
<br />any Federal, State or Municipal authority, or due to any restriction on said premises and said restriction is not removed
<br />within ninety (90) days from the date thereof, then, in either of such events, lessee may terminate this lease upon giving
<br />lessor thirty (30) days' written notice of termination, in which event lessee shall be relieved of all obligations under this
<br />lease, including all liability for rent from the date lessee was prevented in any manner from conducting such business,
<br />and all rental obligations shall be-adjusted between the parties as of such date. If, during the term of this lease, a part
<br />only of said premises be taken for public use under right of eminent domain, and if the remainder, in the opinion of the
<br />lessee, is not suitable for its purpose, lessee, at its option, may cancel and terminate this lease, but if it shall not
<br />elect so to do, the monthly rental thereafter to be paid shall be reduced by an amount which bears the same ratio to
<br />that herein provided for as the area taken bears to the total area prior to such taking.
<br />(7)— Damages for Defect in Title. Lessor covenants that he is well seized of said premises, has good right to lease
<br />the same, and warrants and agrees to defend the title thereto; and to reimburse and hold lessee harmless from all damages
<br />and expenses which lessee may suffer by reason of any restriction, encumbrance or defect in such title.
<br />(8) —Taxes and Encumbrances. Lessor agrees to pay all taxes, assessments and obligations which are or may
<br />become a lien on the demised premises and improvements as they become due. If lessor should fail to do so, lessee shall
<br />have the right to make such` payments for the account of lessor, in which event it shall be subrogated to all the rights
<br />of the helder of such, lien, and in addition thereto shall have the right to apply accruing rentals in satisfaction of
<br />such obligations; or lessee, in the event of a foreclosure of any such lien and the sale 'of said demised premises and
<br />improvements; shall have the right to buy in said premises and improvements for its own account.
<br />(9)— Options'to Purchase. Lessor hereby grants to lessee the exclusive right, at lessee's option, to purchase the
<br />demised premises, together with all structures, improvements, and equipment thereon, free and clbar of all liens and
<br />encumbrances (including leases which were not on the premises at the date of this lease) at any time during the term
<br />of this lease or any extension or renewal thereof,
<br />___- dollars; it being
<br />understood . th M sal premises be con a nt of damages —_ -
<br />(b) on the same terms and at the same price as any bona fide offer for said premises
<br />received by lessor and which offer lessor desires to accept. Upon receipt of a bona fide
<br />offer, and each time any such offer is received, lessor shall immediately notify lessee
<br />in writing of the full details of such offer, including the name and address of the offeror,
<br />whereupon lessee shall have thirty (30) days after receipt of such notice in which to
<br />elect to exercise lessee's prior right to purchase. No sale of or transfer of title to said
<br />premises shall be binding on lessee unless and until the foregoing requirements are
<br />fully complied with. If lessee elects to exercise lessee's prior right to purchase pursuant
<br />to any such bona fide offer, it is agreed that the terms and conditions set forth in the
<br />next to the last paragraph hereof shall govern such purchase.
<br />Each such option herein granted shall be independent of the other, shall be pre - emptive and continuing, and shall
<br />be binding upon lessor, lessor's heirs, devisees, legal representatives, successors and assigns. The election by lessee not to
<br />purchase said premises in the case of any bona fide offer referred to in (b) above shall not terminate or in any wise
<br />affect either of such options but each shall thereafter continue unaffected as set forth in this paragraph.
<br />Upon receipt of lessee's notice of election to exercise either of the options granted herein, which notice shall be
<br />given in accordance with the Notice Clause - of. this ; lesse, lessor. shall immediately deliver to lessee, at lessor's expense,
<br />a complete abstract of title or other evidence of title "satisfactory to lessee, and shall also furnish, at lessor's expense,
<br />an up -to -date. survey 'by 'a licenaed -.or registered i professional :engineer or. surveyor showing .elevation of . property and
<br />corners marked with concrete monuments; upon receipt of which the lessee shall have, .'a reasonable. time in which to
<br />examine title, and upon- completion of such exatnin�tion; i-f title "is found -satisfactory; 'and upon tender of the purchase
<br />price ta- lessor; lessor, shall : promptly deUver.to lessee a;gaod and sufficient- Warxapty Deed. conveying .the premises to
<br />lessee free and clear, of all, encumbrances (including, but without limiting, any; rights. of dower or curtesy). All rentals
<br />and taxes._shall be prorated between grantor and grantee ao the�date of-delivgry of the-aforesaid deed.
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<br />L� ssee's notice of election to' purchase pursuant to either of the options granted in this clause shall be sufficient
<br />if deposited in the mail `addressedio lessor or4f sent by telegraph `at or before midnight of the day on which -the option
<br />period expires.
<br />(10)— Application of Option Purchase Price. In event accruing rentals are insufficient to reimburse lessee for
<br />expenditures made by lessee as, authorized hereunder, and in event lessee exercises the option to purchase the demised
<br />premises, lessee may apply such part of the purchase price as is necessary to (a) completely reimburse itself for such
<br />expenditures and (b) pay any other indebtedness of lessor to lessee, together with interest at six per cent.
<br />(b) Ii at an' y time during tji *0* =oftWi lease or any extension ois B&dwal thereof, lessor shall receive a bona fide
<br />offer to lease the demised premises for a term to begin subsequent to the present demised term or any extension or renewal
<br />thereof, and lessor desires to accept such offer, lessor shall immediately submit to lessee a written copy of such offer with a
<br />fall disclosure of all terms and provisions thereof and lessee bhall -have: thirty (30) days after receipt thereof in which
<br />to elect to lease said premises upon the same terms and provisions - contained in such offer.
<br />VITI-
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