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Section 5. WATER RIGHTS. <br />This Lease does not include any right to the use of water under any <br />or to establish any water rights except in the name of Lessor. <br />Section 6. CARE AND USE OF PREMISES. <br />A. Lessee shall use reasonable care and caution against damage or destru <br />Premises. Lessee shall not use or permit the use of the Premises for any unlawful p ose, r <br />nuisance, permit any waste, or use the Premises in any way that creates a hazard to ersons <br />Lessee shall keep the sidewalks and public ways on the Premises, and the walkway appurt <br />railroad spur track(s) on or serving the Premises, free and clear from any substance hich m <br />hazard. <br />B. Lessee shall not permit any sign on the Premises, except signs <br />business. <br />C. If any improvement on the Premises other than the Lessor Improve <br />destroyed by fire or other casualty, Lessee shall, within thirty (30) days after such <br />debris resulting therefrom. If Lessee fails to do so, Lessor may remove such debris, <br />reimburse Lessor for all expenses incurred within thirty (30) days after rendition of L <br />D. Lessee shall comply with all governmental laws, ordinances, rules, r <br />relating to Lessee's use of the Premises and this Lease, including, without limitation, <br />subdividing or platting the Premises. <br />Section 7. HAZARDOUS MATERIALS. SUBSTANCES AND WASTES. <br />A. Without the prior written consent of Lessor, Lessee shall not use or 1 <br />Premises for the generation, use, treatment, manufacture, production, storage o <br />Hazardous Substances, except that Lessee may use, if lawful, small quantities of com <br />as adhesives, lubricants and cleaning fluids in order to conduct business at the Premi <br />Lessor may be withheld by Lessor for any reason whatsoever, and may be subji <br />addition to those set forth below. It shall be the sole responsibility of Lessee to deter <br />a contemplated use of the Premises is a Hazardous Substance use. <br />is <br />bi <br />' of Lessor, <br />~on to the <br />[intain any <br />, property. <br />ant to any <br />~ht create a <br />p Lessee's <br />amaged or <br />remove all <br />~ agrees to <br />and orders <br />cments for <br />nit th use of the <br />ecycli g of any <br />n che icals such <br />The onsent of <br />to co ditions in <br />ie wh her or not <br />B. In no event shall Lessee (i) release, discharge or dispose of any H ardous bstances, <br />(ii) bring any hazardous wastes as defined in RCRA onto the Premises, (iii) install or se on thi, Premises <br />any underground storage tanks, or (iv) store any Hazardous Substances within one h ndred fe t(100') of <br />the center line of any main track. <br />C. If Lessee uses or permits the use of the Premises for a Hazardous S <br />without Lessor's consent, Lessee shall furnish to Lessor copies of all permits, identi <br />notices issued by governmental agencies in connection with such Hazardous Substat <br />such other information on the Hazardous Substance use as may be requested by Le <br />Lessor, Lessee shall cause to be performed an environmental assessment of <br />termination of the Lease and shall furnish Lessor a copy of such report, at Lessee's sc <br />D. Without limitation of the provisions of Section 12 of this Exhibit <br />responsible for all damages, losses, costs, expenses, claims, fines and penalties relat~ <br />any Hazardous Substance use of the Premises (or any property in proximity to the f <br />stance <br />e, with or <br />ation n <br />bers and <br />use, to <br />ether with <br />~r. If r <br />uested by <br />ie Pre <br />ises upon <br />cost an <br />expense. <br />3, Less <br />shall be <br />l in any <br />manner to <br />emises) <br />uriniz the <br />99 <br />