CLP and State of Texas Coastal Easement Agreement

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:. .... . .... .... . .. .. . .... . .... . ...... . . . . .. .. . .... . 'i? . e portion of the Leased Premises. Lessor will not be liable for any damage or injury, fatal or nonfatal, resulting from any damage, defect or disrepair of any improvements placed at or constituting any portion of the Leased Premises. Lessor shall not have any duty to make any replacement of any such improvements. section 7.02. All damage to improvements placed at the leased land and constituting any part of the Leased Premises (including improvements approved in writing by Lessor and constructed by or on behalf of Lessee) will be repaired and all maintenance thereon will be performed and replacements and renewals thereof will be made by Lessee at Lessee's cost and expense; and Lessee will perform all maintenance and make all repairs, renewals and replacements at the Leased Premises. Lessee shall be responsible for the disposal of all ~rash at the Leased Premises (whether or not such trash is generated by Lessee or its customers and invitees). . Section 7.03. If Lessor considers necessary any repairs, maintenance, renewals or replacements as required by the provisions of this Lease to be made or provided by Lessee, Lessor may request such repairs or perform maintenance or provide such renewal or replacements, and, upon Lessee's failure or refusal to do so promptly (and in any event in case of an emergency irrespective of whether Lessor shall have requested or obtained Lessee's prior consent), Lessor shall have the right (but not the obligation), either through itself or through a third party contractor, to make such repair, perform such maintenance or provide such renewal or replacement (Lessee hereby waiving any damage caused thereby including, without limitation, any damage caused by any such third party contractors .engaged by Lessor to perform such work); thereupon Lessee will,. at Lessor's election, on demand pay (or reimburse Lessor for) the cost thereby incurred by Lessor; and, in addition, Lessee shall pay Lessor upon demand interest at the then highest lawful contract rate which Lessee is authorized to pay under the laws of the State of Texas. For these purposes, an "emergency" shall be deemed to exist if in the good faith judgment of Lessor, prompt action is needed in order to prevent death, bodily injury or property damage. Any such sum which Lessee becomes liable to payor to reimburse Lessor for hereunder shall be paid by Lessee within five (5) days following any such notice from Lessor. Any failure of Lessee to make such payment to Lessor may be treated by Lessor as a default by Lessee in the payment of Rent required to be paid by Lessee hereunder. If Lessor makes any such repairs, performs any such maintenance, or provides any such renewal or replacement, or undertakes to do so (or engages any third-party contractors to do so), then Lessor shall not be liable to Lessee for (and Lessee shall indemnify and hold Lessor harmless with respect to) all loss or damage that may occur to any improvements to the Leased Premises and/or any merchandise, fixtures or other property thereon and/or to any business incident to such action by Lessee.