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TEL IJa. May c,:l 17:59 IJo.00.1 P.GS <br />• • <br /> <br />the event of default, 't'enant hereby covenants and agrees to surrender and deliver up the Property <br />peaceably to the Landlord without legal action by Landlord. In tht event Landlord gives notice to <br />terminate the Icase as provided herein, Tenant shell still have the right to vie notice of hie intent to <br />exercise his option until the and of the period provided for notice to declare the lease term erded. <br />9. Attomavs Fees and Costa; In the event arty litigation ensues regarding this Icasdoption or <br />any term or provision thereof, or the application or interpretation thereof, the succossful party <br />may recover its reasonable attorneys fees and Doers from the other party 't'he parties shall Shane <br />equally the wst of preparing this document and any other documents which may be needed to <br />implement this agreanrent. <br />10. Irtlprovanteuta All improvements made upon rho property, whether or not of a <br />permanent nature, inehrding the installation of any structures or fixtures authorized by Landlord, <br />shall be the property of the Landlord at the expiration of this Lease Qn the event Tenant fails to <br />exercise his option to purchase) and the Landlord shall be under no obligation to reimburse <br />Tenant for any bums of money expended in making ouch improvements on the property. <br />11. ~n~amnation lathe event all or part of the Property shall betaken by right of eminent <br />domain, or in the event the Landlord makes a wnveyance of all or any part of the Property in Geu <br />of taking by entinom domain, Landlord and Tenant shall share the procteds based upon the value <br />of their respective imeruts hereunder, including Tenant's right to exercise its option to purchase. <br />12. Entire Araeement/ModificatiotJNotice/Survival ThisLease/Option Agreement sets <br />forth the full and complete understanding between Landlord and Tenant concerning the Property <br />and Tenant's right to acquire same and there are rro other covenants, promises, agreements, <br />conditions, or understandings, either oral or written, regarding the leased property other than is <br />set forth herein. It is further agreed that no provision in this l..ease may be modified nor shall any <br />understanding between the parties be effective, unless written end signed by both pazties. All <br />notices required to be given by this lease shall be in writing and shall be delivered by certified <br />United States mail or in person. All covenants, representations, warranties and obligations <br />contained herein ahsll survive Closing unless this agreement expressly states that they do not. <br />13. AssignmenUSubletting Neithw patty may assign this agreement or any rights hereunder <br />without the prior written consent of the other party herto. Except as stated in the foregoing <br />sentence, t}ris Lease shall inure to the benefit of, end be binding upon, the heirs, personal <br />representatives, successors and assigns of the parties. <br />14. ~jpg l;ither party hereto may rewrcl with the Ouray County Clerk and Recorder <br />a memorandum attesting to the existence oCthi9 lease with option to purchase. <br />-ti- <br />