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(4) — Maintenance. (a) During the term of this lease, lessee shall at lessee's expense make minor repairs to said
<br />premises, buildings and improvements, including repairs to plumbing, heating equipment, electrical wiring and fixtures,
<br />and replace broken windows, provided the aggregate cost of all repairs and ,'or replacement of windows required at any one
<br />time does not exceed $50,00. Lessee agrees to paint the buildings and improvements whenever it deems such painting necessary.
<br />(b) Lessor agrees at lessor's expense to make all other repairs to the said premises, buildings and improvements,
<br />equipment and fixtures furnished by lessor, and to keep the same in good repair during the term of this lease, as well as to
<br />replace any equipment furnished by lessor which' becomes worn -out or damaged and cannot in the opinion of lessee, be
<br />placed in first -class condition by reasonable repairs. In event lessor shall fail promptly to make repairs or replacements as
<br />provided for herein, lessee is authorized to make the necessary repairs or replacements and to apply accruing rentals to
<br />reimburse itself for such expenditures.
<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 one hundred twenty (120) days any such structures damaged or destroyed. If lessor fails to notify lessee
<br />within 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 />M— 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 extension
<br />or renewal thereof.
<br />(6)— Lessee's Right of Termination. Should the business of distributing petroleum products on the whole or any
<br />part of said premises be prevented due to any laic, ordinance or regulation by any public authority or due to any restriction
<br />on said premises and said restriction not be removed within ninety (90) days from the date thereof, then, in either of such
<br />events, Lessee may terminate this lease upon giving Lessor thirty (301 days written notice of termination, in which event
<br />Lessee shall be relieved of all obligations under this lease, inciuding all liability for rent from the date the conduct of such
<br />business was so prevented, if, during the term of this lease, a part only of said premises be taken for public use under
<br />right of eminent domain, and if the remainder, in the opinion of the lessee, is not suitable for its purpose, lessee, at its option,
<br />may cancel and terminate this lease, but if it shall not elect so to do, the monthly rental thereafter to be paid shay. be
<br />reduced by an amount which bears the same ratio to that herein provided for as the area taken bears to the total area
<br />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 holder of such lien, and in addition thereto shall have the right to apply accruing rentals in satisfaction of such
<br />obligations; or lessee, in the event of a foreclosure of any such lien and the sale of said demised premises and improvements,
<br />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 clear 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,
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<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 lease, 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 licensed or registered 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 examination, if title is found satisfactory, and,upon tender of the purchase
<br />price to lessor, lessor shall promptly deliver to lessee a good and sufficient Warranty 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 to the date of delivery of the aforesaid deed.
<br />Lessee'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 addressed to lessor or if 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 />(I1)— Option to Extend Term. (a) The lessor hereby grants to lessee the right and option to extend this lease for
<br />An...additional.. period .;- of_._fi.ve years on the same terms and conditions as
<br />... .. ...... ......... _......
<br />incorporated in the original ten-year term of this lease and for a
<br />second five--year -period, beginning at the expiration of the first fiv
<br />..........................._.............._...................................................................._......... ......._......................_ ............................._..........._..................................... .................. :..._... :....
<br />year period, under the same terms' and conditions, except for this 77
<br />.... ........................... .............................. _........ ............................... .......... ....................
<br />option.
<br />..i .......... ....... ......... .. i ................................ I _
<br />Lessee shall-nbtify lessor in writing bf its election` to exterrd this•, ase sixty (60) days prior'to Alie-date of the tsxpirdiion'
<br />of the term of this lease and notice thereof shall be deemed sufficient if given in the manner hereinafter provided.
<br />(b) If at any time during the term of this lease or any extension or'rene -Wal thereof, lessor shali• 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 />full disclosure of, all terms and provisions thereof and lessee shall 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.
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