deposit, less any sums retained by Lessor in accordance with the terms of this Agreement, is 749 Main Street,
<br />Louisville, CO 80027. In case of any voluntary or involuntary sale of the property by the Lessor, including any
<br />foreclosure sale or conveyance in lieu of foreclosure, this deposit shall be transferred to the new owner, and upon such
<br />transfer, liability of the Lessor shall terminate with reference to the security deposit so transferred, upon express
<br />condition that the new owner shall assume this liability in writing, and provided that the new owner shall have no
<br />liability for the deposit unless and until such time as the deposit is actually transferred to such new owner,
<br />AR
<br />T ICLE III: FAILURE TO GIVE POSSESSION
<br />If Lessor is unable to give Lessee possession of the Leased Premises as herein provided by reason of any cause
<br />beyond the control of Lessor, the Lessor shall not be liable in damages to Lessee therefore. During the period Lessor
<br />is unable for such reason to give possession, all rights and remedies of both parties hereunder shall be suspended;
<br />provided that if the Lease term does not commence within twelve (12) months from the date hereof, the Lease shall be
<br />deemed canceled, the Lessor shall return to Lessee any amounts paid by Lessee under this Agreement, and neither
<br />party shall have any further rights against the other.
<br />ARTICLE IV: USE OF PREMISES
<br />Lessee shall occupy and use the Leased Premises solely for general office, and for no other purpose.
<br />Lessee further agrees to conduct no other business on said Leased Premises without the written consent of
<br />Lessor. Lessee covenants, and it is the essence of this Lease, that Lessee shall continuously during the term of this
<br />Lease, during all usual business hours, occupy, operate the business, and use the Leased Premises for the purposes
<br />herein set forth (except during any times when the Leased Premises may be untenable by reason of fire or other
<br />casualty).
<br />ARTICLE V: IMPROVEMENTS, ALTERATIONS AND EQUIPMENT
<br />Lessee has inspected said Leased Premises and accepts same for the use and purposes hereof in its present
<br />condition and without any warranty of fitness for use. Lessor hereby disclaims any representation or warranty that
<br />Lessee's contemplated use is a permitted use under the applicable zoning ordinances.
<br />Lessee may finish the interior walls and floors, install partitions and fixtures, make improvements or alterations,
<br />only after obtaining the prior written approval thereof from Lessor, which Lessor shall not unreasonably withhold.
<br />All such improvements shall be at Lessee's sole expense. In the event Lessee's improvements require additional Plant
<br />Investment Fees ("PIFe), Lessee shall be responsible for said fees. Lessee's work shall be completed in a good and
<br />workmanlike manner utilizing first rate materials, labor, and design, in accordance with all local, state and federal
<br />ordinances and regulations, including without limitation the requirements of the Americans with Disabilities Act as
<br />amended. All such improvements and fixtures, which are attached to the Leased Premises in any manner (including,
<br />but not limited to, the floor covering, shelving, fixtures and partitions), shall be and remain a part of the Leased
<br />Premises and shall not be removed by Lessee at any time without written consent of the Lessor being first obtained.
<br />Lessee shall be responsible for providing its own sign and/or window lettering; however, such signs or lettering
<br />must be of a size, color and design acceptable to Lessor and Lessor's approval must first be obtained in writing before
<br />any signs are installed or lettering done. Lessee shall not attach any signage directly to the brick or rock material of
<br />the exterior of the Leased Premises. Upon lease expiration, Lessee, at Lessor's request, shall have signage removed
<br />and have the sign fascia repaired and repainted so that there is no visible damage to fascia, and repair electrical as
<br />may be required at Lessee's sole cost.
<br />Lessee shall, except as hereinabove provided, promptly pay for any and all improvements, alterations or additions
<br />constructed or installed in the Leased Premises at Lessee's instance and shall protect the Leased Premises and shall
<br />indemnify and hold Lessor harmless from, and at Lessor's election defend at Lessee's sole cost and using legal
<br />counsel reasonably acceptable to Lessor, any and all mechanics' or other liens arising therefrom, including reasonable
<br />attorney's fees and court costs which Lessor may incur in connection with any such mechanics' lien filed against the
<br />Leased Premises it being understood and agreed that the right of the Lessee, or any person claiming through or under
<br />3/27/2020 10,0012 AM
<br />Page 3 of 17
<br />--V-" — Lessee ecr
<br />
|