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DocuSign Envelope ID:7CECB008-D09A-48BA-8717-4C4A8A162FF9
<br /> Tracking#22W-14933
<br /> 21.1.3 remedy any unsafe conditions on the Premises created or aggravated by Licensee; and
<br /> 21.1.4 leave the Premises in substantially the condition which existed as of the Effective Date.
<br /> 21.2 Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to
<br /> Licensor or if Licensee fails to complete its obligations under Section 21.1 above (the
<br /> "Restoration Obligations"), Licensee shall have a limited license to enter upon the Premises
<br /> solely to the extent necessary for Licensee to complete the Restoration Obligations, and all
<br /> liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are
<br /> surrendered and the Restoration Obligations are completed. Neither termination nor expiration
<br /> shall release Licensee from any liability or obligation under this License, whether of indemnity or
<br /> otherwise, resulting from any acts, omissions or events happening prior to the date of termination,
<br /> or, if later,the date when Licensee surrenders the Premises and all of the Restoration Obligations
<br /> are completed.
<br /> 21.3 If Licensee fails to complete the Restoration Obligations within thirty (30) days after the date of
<br /> such termination of its tenancy, then Licensor may, at its election, either: (i) remove any
<br /> equipment and the other improvements or otherwise restore the Premises, and in such event
<br /> Licensee shall, within thirty (30) days after receipt of bill therefor, reimburse Licensor for cost
<br /> incurred, (ii) upon written notice to Licensee, take and hold the equipment and the other
<br /> improvements and personal property as its sole property, without payment or obligation to
<br /> Licensee therefor, or (iii) specifically enforce Licensee's obligation to restore and/or pursue any
<br /> remedy at law or in equity against Licensee for failure to so restore. Further, if Licensor has
<br /> consented to the equipment and the other improvements remaining on the Premises following
<br /> termination, Licensee shall, upon request by Licensor, provide a bill of sale in a form acceptable
<br /> to Licensor conveying the equipment and the other improvements to Licensor for no additional
<br /> consideration.
<br /> MISCELLANEOUS
<br /> 22. Successors and Assigns. All provisions contained in this License shall be binding upon, inure to the
<br /> benefit of, and be enforceable by the respective successors and assigns of Licensor and Licensee to the
<br /> same extent as if each such successor and assign was named a party to this License.
<br /> 23. Assignment.
<br /> 23.1 Licensee may not sell, assign, transfer, or hypothecate this License or any right, obligation, or
<br /> interest herein (either voluntarily or by operation of law, merger, or otherwise) without the prior
<br /> written consent of Licensor, which consent may not be unreasonably withheld or delayed by
<br /> Licensor. Any attempted assignment by Licensee in violation of this Section 23 shall be a breach
<br /> of this License and, in addition, shall be voidable by Licensor in its sole and absolute discretion.
<br /> 23.2 For purposes of this Section 23, the word "assign" shall include without limitation (a)any sale of
<br /> the equity interests of Licensee following which the equity interest holders of Licensee
<br /> immediately prior to such sale own, directly or indirectly, less than 50% of the combined voting
<br /> power of the outstanding voting equity interests of Licensee, (b)any sale of all or substantially all
<br /> of the assets of (i) Licensee and (ii) to the extent such entities exist, Licensee's parent and
<br /> subsidiaries,taken as a whole,or(c)any reorganization, recapitalization, merger or consolidation
<br /> involving Licensee. Notwithstanding the foregoing, any reorganization, recapitalization, merger
<br /> or consolidation following which the equity interest holders of Licensee immediately prior to such
<br /> reorganization, recapitalization, merger or consolidation own, directly or indirectly, at least 50%
<br /> of the combined voting power of the outstanding voting equity interests of Licensee or any
<br /> successor thereto or the entity resulting from such reorganization, recapitalization, merger or
<br /> consolidation shall not be deemed an assignment. THIS LICENSE SHALL NOT RUN WITH THE
<br /> LAND WITHOUT THE EXPRESS WRITTEN CONSENT OF LICENSOR, SUCH CONSENT TO
<br /> BE IN LICENSOR'S SOLE DISCRETION.
<br /> Form 426; Rev.20180910
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