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4. Except as otherwise provided in the plans and specifications,Lessor shall, at its expense, provide gas, electricity, water and sewer
<br /> service to the demised premises. Lessee will pay for all electricity, gas, sewer charges and water used by Lessee on the herein demised
<br /> premises. and Lessee shall -naintain
<br /> 5. Lessor will furnisk*fall necessary equipment for maintaining adequate heat and air conditioning in the premises in accordance with
<br /> the plans and specifications referred to in Paragraph 22(a) hereof.
<br /> 6. Lessor may enter upon the premises at all reasonable times to examine the condition thereof, but such right shall not be exercised
<br /> in a manner to interfere unreasonably with the business of Lessee.
<br /> 7. Lessee may assign this lease or sublet the premises or any part thereof,but such assignment or subletting shall not in any way release
<br /> Lessee from its liability to pay rent as provided herein or from its liability to carry out and perform in the manner herein set forth any
<br /> of the other covenants and conditions of this lease.
<br /> B. Lessee shall have the exclusive right to use the premises for advertising purposes and the display of advertising signs.
<br /> 9. Lessee will permit Lessor to place and maintain on the premises the usual "For Rent" or"For Sale"signs during the last sixty (60)
<br /> days of the term hereof.
<br /> 10. Lessee, at its expense, will carry fire and extended coverage insurance on the demised premises to the full replacement value thereof
<br /> with proceeds payable to Lessor, Lessee and/or any mortgagee (whose name and address shall have been furnished to Lessee in writing)
<br /> as their interests appear and Lessee will, upon request,furnish to Lessor a certificate showing the issuance of such coverage. Said cer-
<br /> tificate shall have noted thereon a statement that such insurance shall not be subject to cancellation except after ten (10) days' prior
<br /> written notice to Lessor of such cancellation.
<br /> 11. Lessee agrees to indemnify and hold Lessor harmless from any loss, damage orinjury to persons or property resulting from
<br /> Lessee's use and occupancy of the demised premises except to the extent such losses, damages or injuries are covered by insurance
<br /> carried by Lessor.
<br /> 12. Lessor shall pay all Real Estate Taxes and Assessments due and payable on the herein demised premises during the term hereof.
<br /> Provided Lessor submits to Lessee a billing for the amount so paid together with the receipted bill therefor within ninety (90) days after
<br /> such payment shall have been made by Lessor,Lessee shall reimburse Lessor for the amount thereof.Reimbursement of such taxes and/or
<br /> assessments shall be limited to the current minimum installment amount permitted by law, and shall not include reimbursement of
<br /> delinquency penalties or require reimbursement in advance of current installment due dates. Lessee shall have the right to contest any
<br /> levy of such taxes and/or assessments in its behalf or in behalf of Lessor in accordance with the provisions of the laws relating to
<br /> such contest-
<br /> 13.
<br /> ontest13. If the improvements on the premises shall be damaged by fire, the elements or unavoidable casualty, leaving not less than 75% of
<br /> the leased floor space usable for Lessee's purposes, Lessor, without liability on the part of Lessee, shall proceed forthwith to cause
<br /> such damage to be repaired and for that purpose shall be entitled to the proceeds of insurance covering such damage or destruction.
<br /> If the improvements shall be damaged as above stated leaving less than 755/o of the floor space usable for Lessee's purposes Lessor shall
<br /> proceed forthwith to commence the restoration of the improvements to the condition existing immediately prior to such damage or
<br /> destruction and for that purpose shall be entitled to the proceeds of insurance covering such damage or destruction. If within sixty
<br /> (60) days after the date of such damage or destruction Lessor shall not have commenced such restoration, or at any time prior to the
<br /> Lessor's completion of such restoration should such restoration be unreasonably delayed, Lessee may elect, by notice in writing, either
<br /> (a) to cancel this lease and be relieved of all liability hereunder from the date of such damage or destruction, in which event Lessor
<br /> shall be entitled to the insurance proceeds covering such damage or destruction, or (b) to restore the damaged property to substantially
<br /> the same condition as existed immediately prior to the date of such damage or destruction, and for this purpose Lessor shall make
<br /> available to the Lessee the proceeds of all insurance covering such damage or destruction. During any such period of partial occupancy,
<br /> Lessee shall pay rental in such proportion to the entire rental herein reserved that the floor space actually occupied bears to the entire
<br /> floor space herein leased, and Lessor shaII return to Lessee on demand any rental paid by Lessee in advance to the extent that such pay-
<br /> ment exceeds the reduced rental.Any cancellation of this lease by Lessee as above provided shall be without prejudice to any other rights
<br /> held by Lessee.
<br /> 14. If Lessee shall perform all and singular the covenants herein imposed upon it, Lessor will warrant and defend Lessee in the enjoy-
<br /> ment and peaceful possession of the premises during the term hereof.
<br /> 15. At any expiration or cancellation of this lease should Lessee hold over for any reason, it is hereby agreed that, in the absence of
<br /> a written agreement to the contrary, such tenancy shall be from month to month only and subject to all the other terms, conditions and
<br /> provisions theretofore in effect with respect to said lease.
<br /> 16. It is agreed that the waiving of any of the covenants of this lease by either party shall be limited to the particular instance and shall
<br /> not be deemed to waive any other breaches of such covenant.
<br /> 17. If Lessee shall be in default in the payment of any rent due hereunder, or in the performance of any of the covenants or conditions
<br /> hereof,and shall fail to correct and rectify any such default within thirty(30) days from the receipt of written notice thereof from Lessor,
<br /> or if Lessee shall be adjudicated bankrupt,or make any assignment for the benefit of creditors, or if the interest of Lessee herein shall be
<br /> sold under execution of other legal process, Lessor may enter into said premises, and again have and repossess the same as if this lease
<br /> had not been made and shall thereupon have the right to cancel this lease without prejudice, however, to the right of Lessor to recover
<br /> all rent due to the time of such entry. In case of any such default and entry, Lessor shall relet said premises from time to time during
<br /> the remainder of the term hereof for the highest rent obtainable and may recover from Lessee any deficiency between such amount and
<br /> the rent herein,reserved.
<br /> 18. If the premises, or any part thereof, shall be appropriated for any public use by virtue of eminent domain or condemnation pro-
<br /> ceeding, or if by reason of any law or ordinance,or by court decree whether by consent or otherwise, the use of the premises by Lessee
<br /> for any of the specific purposes hereinbefore referred to shall be prohibited, Lessee shall have the right to terminate this ]case upon
<br /> written notice to Lessor, and rental shall be paid only to the time when Lessee surrenders possession of the premises. In the event of
<br /> partial appropriation of any part of the premises described herein, Lessee may elect to continue in possession of that part of the premises
<br /> not so appropriated under the same terms and conditions hereof, except that in such cases Lessee shall be entitled to an equitable
<br /> reduction in the rental payable hereunder.Any rental paid in advance beyond such time shall be returned by Lessor to Lessee on demand.
<br /> Lessee reserves the right to claim,prove and receive in any condemnation proceedings such amount as may be allowed for fixtures and
<br /> other equipment installed by it and for the unamortized value of its leasehold improvements.
<br /> Three (3)
<br /> 19. Lessee may extend the term�,gf9eis(lsase and all the provisions hereof, as amended from time to time, for ._........_._._._............_........
<br /> further successive period(s) of _ _..._..._........ year(s) each, by notifying Lessor in writing of its intentions so to do at least sixty (60)
<br /> days prior to the expiration of the then current term.
<br /> 20. It is understood and agreed that any notice given by either party hereto to the other under any of the provisions hereof shall be
<br /> deemed to have been properly delivered when registered or certified and deposited in the United States marls with adequate postage
<br /> affixed,addressed to the Lessee at 1144 East Market Street,Akron,Ohio 44316,attention Real Estate Department,or to Lessor at the place
<br /> where the rent was last paid prior to such notice,or to such other person and place as the parties may from time to time direct in writing.
<br /> 21. At Lessee's option this lease shall not become binding on Lessee until Lessor shall obtain such permits, waivers and consents as may
<br /> be required as authority for the use of the premises for the purposes set forth herein,together with such licenses and/or permits as may
<br /> be necessary for the installation or construction of alterations, improvements, and/or identifications necessary for Lessee's use and
<br /> occupancy of the premises.
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