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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 LESSOIN 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 ex i ess 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 &. 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 Perron, 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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