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any act or thing by any of the officers, agents or employees of LESSOR shall be deemed an
<br /> acceptance of a surrender of letting under this Lease.
<br /> SECTION 21. REMOVAL OF PROPERTY.
<br /> (a) Removal. LESSEE shall have the right at any time during the Term to
<br /> remove its unattached, movable trade fixtures and other personal property from the Premises
<br /> excluding any property owned by LESSOR as set forth in this Lease provided the same is
<br /> immediately replaced with no less than comparable personalty of an equal or higher value.
<br /> LESSEE shall immediately repair any damage to the structure or any portion of the Premises
<br /> caused by its removal of any personal property or unattached, movable trade fixtures. If
<br /> LESSEE shall fail to remove its inventories, unattached, movable trade fixtures, and personal
<br /> property by the termination or expiration of this Lease, then LESSEE shall be considered to be
<br /> holding over and subject to charges under Section 26(m), of this Lease, and after fourteen (14)
<br /> calendar days following such termination or expiration, at LESSOR's option: (i) title to same
<br /> shall vest in LESSOR, at no cost to LESSOR; or (ii) LESSOR may remove such property to a
<br /> public warehouse for deposit; or(iii) LESSOR may retain the same in its own possession and sell
<br /> the same at public auction, the proceeds of which shall be applied first to the expenses of
<br /> removal, storage and sale, second, to any sums owed by LESSEE to LESSOR, with any balance
<br /> remaining to be paid to LESSEE; or LESSOR may dispose of such property in any manner
<br /> permitted by law. If the expenses of such removal, storage and sale shall exceed the proceeds of
<br /> sale, LESSEE shall pay such excess to LESSOR upon demand.
<br /> (b) Transfer of Interest. Upon the termination of this Lease the ownership of all
<br /> Improvements shall vest in LESSOR (except for those specific items described herein for which
<br /> the ownership will remain in LESSEE) and LESSEE agrees to execute such documentation
<br /> required by LESSOR to effectuate the foregoing.
<br /> (c) Survival. The provisions of this Section shall survive the expiration or
<br /> termination of this Lease.
<br /> SECTION 22. ENVIRONMENTAL COMPLIANCE.
<br /> LESSEE shall at all times during the Term keep the Premises free of Hazardous Materials
<br /> (as defined below), and neither LESSEE nor any of its employees, agents, invitees, licensees,
<br /> contractors or subtenants (if permitted) shall use, generate, manufacture, refine, treat, process,
<br /> produce, store, deposit, handle, transport, release, or dispose of Hazardous Materials in, on or
<br /> about the Premises or the Parcel, or the groundwater of them in violation of any federal, state or
<br /> municipal law, decision, statute, rule, ordinance or regulation currently in existence or
<br /> subsequently enacted or rendered. LESSEE shall give LESSOR prompt written notice of any
<br /> claim received by LESSEE form any person, entity or governmental agency that a release or
<br /> disposal of Hazardous Materials has occurred on the Premises, or the parcel. As used in the
<br /> Lease, the term "Hazardous Materials" shall mean and be defined as any and all toxics or
<br /> hazardous substances, chemicals, materials or pollutants, or any kind or nature, including the
<br /> disposal of grease or grease products as a result of LESSEE's restaurant operation which are
<br /> regulated, governed, restricted or prohibited by any federal, state or local law, decision, statute,
<br /> rule, or ordinance currently in existence or hereafter enacted or rendered. LESSEE shall not
<br /> discharge into any sanitary sewer system serving the Premises any toxic or hazardous sewage or
<br /> waste which is produced or generated by LESSEE or in connection with the operation of
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