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<br />30. OPTION PERIOD & RENTAL AMOUNT FOR SAME: N/A
<br />
<br />31. INDEMNIFICATION & HOLD HARMLESS: Tenant shall indemnify, defend, and
<br />hold harmless the Landlord from and against any and all claims, actions, damages, and
<br />injuries to person or property arising from use of the premises or any part thereof, or by
<br />negligence or willful misconduct by the tenant, tenant's agents, contractors, or invitee.
<br />In the event that the Landlord is made a party to any action or litigation commenced by
<br />or against the Tenant, the tenant shall protect and hold harmless the Landlord and pay
<br />all reasonable attorney's fees and costs incurred by the landlord in connection with the
<br />litigation.
<br />
<br />32. ALL CHARGES AS ADDITIONAL RENT: It is understood and' agreed by the
<br />parties that any charges assessed against the tenant hereunder shall be considered as
<br />additional rent.
<br />
<br />33. SUBORDINATION: This lease and all of the rights herein are hereby
<br />subordinated and made subject and inferior to the Mortgage(s) if any on the property,
<br />. and the Mortgages(s), if any are superior to the lease without exception. This
<br />agreement shall remain in effect without the necessity of the execution of any further
<br />documentation as to the mortgage(s) and any and all amendments, modifications,
<br />renewals, extensions, or consolidations thereof. The tenant agrees to execute any and
<br />all documents required by the Mortgagee to implement the provisions of this lease.
<br />
<br />34. CONTRACTORS I WORKMAN LIENS: The Tenant shall pay all debts incurred
<br />to mechanics, laborers, materialmen, contractors, and sub-contractors who perform
<br />labor, services, or provide material to the leased premises so as to avoid any liens
<br />against the property. The tenant shall indemnify and bold harmless the landlord from
<br />any claim of lien filed against the leased premises as a result of tenant's non-payment.
<br />Should the Landlord be brought into suit as a result a lien caused by the tenant, the
<br />tenant shall pay all Landlords' reasonable attorney's fees and court costs as additional
<br />rent.
<br />
<br />35. TOXIC WASTE OR OTHER HAZARDS: Tenant shall not introduce to the leased
<br />premises any toxic or hazardous materials without first (a) obtaining the
<br />Landlord's express written consent and (b) complying with all applicable federal,
<br />state, and local laws and regulations for the possession, control, transportation,
<br />use, and disposal of said toxic or hazardous materials. If any permit is required
<br />to possess, transport, use, or dispose of any material, a permit must be
<br />submitted to the Landlord prior to consent being granted.
<br />
<br />36. CONTAMINATIONS BY TENANT: Should the tenant's possession,
<br />transportation, use, or disposal of hazardous or toxic materials result in (a)
<br />contamination of the soil, surface, or ground water, or (b) cause loss or damage to
<br />person or property, then the tenant shall immediately do the following:
<br />i) notify the Landlord immediately of any contamination, claim of
<br />contamination, or loss or damage; and,
<br />ii) after consultation and approval of the Landlord, Tenant shall arrange and
<br />pay for clean up of the contamination in full compliance with applicable laws,
<br />regulations, statutes, and ordinances.
<br />The tenant agrees to indemnify and hold harmless the landlord from and against all
<br />suits, actions, and claims of contamination. The tenant shall be solely responsible to
<br />the Landlord for reasonable attorney's fees and court costs in any way connected to
<br />suits, claims, or damages for contamination, including trial, and subsequent appeal.
<br />This indemnification and hold harmless provision shall survive termination of this lease
<br />agreement.
<br />
<br />Landlord: RAILWAY 21 WHSE. GROUP. L.L.C.
<br />Tenant DOWNTOWN TOWING COMPANY
<br />prope~: Y:15 ~E 21 Avenue ~)/\
<br />Date: - 0 Tenant Initials~
<br />Page 6
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