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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 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. <br />, <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- <br />o <br />.j <br />