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c .
<br />for its gasoline service station franchisees (or by any other
<br />nationally branded franchisor of gasoline service stations for which Tenant elects to operate a
<br />franchise upon the Demised Premises, provided Landlord has given prior reasonable, written
<br />approval of such substitution of with
<br />such other brand); and 5) any and all repairs replacements or upgrades necessary to ensure
<br />compliance with "Environmental Laws" (as defined in Article XXXVII). Landlord shall have no
<br />duty whatsoever to maintain, replace, upgrade, or repair any portion of the Demised Premises. If
<br />Tenant fails or neglects to make all necessary Repairs or fulfill its other obligations as set forth
<br />above, then Landlord or its agents may enter the Demised Premises for the purpose of making
<br />such Repairs or fulfilling those obligations. All costs and expenses incurred as a consequence of
<br />Landlord's action shall be repaid by Tenant to Landlord as Additional Rent within fifteen (15)
<br />days after Landlord delivers copies of receipts showing payment by Landlord for such Repairs or
<br />other obligations. These receipts shall be prima facie evidence of the payment of the charges
<br />paid by Landlord. Except in the case of emergency, Landlord shall give Tenant ten (10) days
<br />notice before taking any such action.
<br />ARTICLE VIII
<br />COMPLIANCE WITH LAW
<br />Tenant shall, throughout the Lease Term, at its sole cost and expense, comply with all laws and
<br />regulations of federal, state, municipal and local governments, departments, commissions and
<br />boards pursuant to law, or directives or orders issued pursuant thereto, including without
<br />limitation all Environmental Laws and the Americans With Disabilities Act, with respect to,
<br />regarding, or pertaining to the Demised Premises. Notwithstanding the foregoing, Tenant may,
<br />subject to the terms and conditions of this Section, contest or appeal such requirements or orders.
<br />To the extent any such contest or appeal by Tenant suspends any and all obligations on the part
<br />of Tenant, Landlord, or the Demised Premises to comply with such requirements or orders, and
<br />suspends any and all applicability of such requirements or orders to the Demised Premises,
<br />Tenant shall not be required to comply with any such laws, regulations, orders, requirements or
<br />rules. In no event shall any such appeals, contests or proceedings pursued by Tenant subject
<br />Landlord to criminal liability or material civil liability. Upon final resolution of any such appeal,
<br />proceeding or contest pursued by Tenant, Tenant shall comply with the judgment, finding or
<br />order of the governmental authority so resolving such appeal, proceeding or contest, and shall be
<br />liable in full for any and all fines, penalties, charges or costs of any type whatsoever which
<br />accrue during the pendency of any contest or appeal.
<br />Tenant shall be solely responsible for, and shall pay the cost of all utility services provided to the
<br />Demised Premises throughout the Lease Term.
<br />ARTICLE X
<br />DISCLAIlVIER AND INDEMNITY
<br />Section 10.01 To the extent not prohibited by law, Landlord, Landlord's lender and Landlord's
<br />representatives (as used in this Lease, the term "Landlord's representatives" shall be deemed to
<br />include, without limitation, Landlord's members, partners, trustees, ancillary trustees, officers,
<br />lul
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