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Mar' 05 03 01:05p = RITAGE BANK 028454598 p.19 200402532 Premises. Tenant shall not install, use, or incorporate into the Premises any asbestos or asbestos containing materials. S. Covenants of Landlord. Landlord covenants and agrees as follows: a, Marketable Title. Landlord owns marketable title to the Premises, subject only to mortgage liens, easements and restriction of record. b. Quiet EWovment. For so long as Tenant is not delinquent in the payment of any rent or not in default of the performance of any other term or condition of the Agreement to be performed by Tenant, then, during the term of Agreement, Tenant may peacefully hold and enjoy the Premises without any interruptions by Landlord, its assigns, or any persons lawfully claiming through Landlord. 6. Casualty Loss. If the Premises are destroyed or damaged by fire or other casualty so as to render the Premises unsuitable for occupancy in the reasonable discretion of the Landlord, and Landlord shall elect not to reconstruct or repair the Premises, Tenant my terminate this Agreement by giving written notice to the Landlord of such termination within 60 days after such destruction or damage. If Landlord shall elect to reconstruct or repair the .Premises, Landlord shall perform such reconstruction or repair at the expense of the Landlord, with reasonable promptness, and in the event that the Landlord fails to complete such reconstruction or repair with 120 days after such destruction or damage, Tenant may terminate this Agreement by giving written notice Landlord of such termination with 10 days after the date of the expiration of the 120 day, which termination shall be effective as of the date of the expiration of the 120 period. 7. Waiver of Subrogation. Tenant waives and releases any claim against Landlord for injuries or damage to persons or property sustained by Tenant or any other person, including Tenant's guests, invitees, or members, which may arise from any existing or future condition, from the operation or malfunction of any machinery, equipment or fixtures, or from any accident or other occurrence on or about the Premises or the Property, or arising from an act or omission of Landlord or any other tenant of the building, which damage is of a type covered by a standard policy of fire and risk coverage insurance, unless such injuries or damages are caused by the intentional acts and willful neglect of Landlord. Landlord waives and releases any claim against Tenant for damage to the Premises which loss is of a type covered by a standard policy of fire and extended coverage insurance to the extent of such coverage. All rights of subrogation of Landlord's and Tenant's respective fire and extended coverage carriers shall be subject to this Agreement. 8, . _� • Tenant shall not- assign this Agreement, nor any interest hereunder-u_4 shall not permit any a5igme�ent at law, shall not sublet the Premises or any part thereof, and'ihMl-,'no t the use of the Premises by any party other than Tenant, Tenant=age --afid servants without... bQ taining the prior written consent of Landlord. t or subletting (or p orted as� sig-r me subletting) in whole