Common use of Condition of Property; Maintenance Clause in Contracts

Condition of Property; Maintenance. Lessee hereby accepts the Properties “AS IS” and “WHERE IS” with no representation or warranty of Lessor as to the condition thereof. Lessee shall, at its sole cost and expense, be responsible for (a) keeping all of the building, structures and improvements erected on each of the Properties in reasonably good order and repair, free from actual or constructive waste; (b) subject to Article XI, the repair or reconstruction of any building, structures or improvements erected on the Properties damaged or destroyed by a Casualty; (c) subject to Section 7.02, making all necessary structural, non-structural, exterior and interior repairs and replacements to any building, structures or improvements erected on the Properties; (d) operating the Properties in accordance with those standards adopted by Lessee from time to time on a system‑wide basis for the Permitted Facilities; (e) (i) ensuring that no party encroaches upon any Property, (ii) except as otherwise set forth in this Lease, protecting, defending, indemnifying, releasing and holding the Indemnified Parties harmless from and against any and all claims and Losses arising out of or in any way relating to any encroachments and/or activities upon any Property caused by any Person; and (iii) prosecuting any claims that Lessee seeks to bring against any Person relating to Lessee’s use and possession of any Property; and (f) paying all operating costs of the Properties in the ordinary course of business. Lessee waives any right to require Lessor to maintain, repair or rebuild all or any part of the Properties or make repairs at the expense of Lessor pursuant to any Legal Requirements at any time in effect. 4851-8930-3408.5 STORE / Ampco Master Lease Agreement 4 Properties in PA and IN File No.: 7210/02-637

Condition of Property; Maintenance. Lessee hereby accepts the Properties “AS IS” and “WHERE IS” with no representation or warranty of Lessor as to the condition thereof. Lessee shall, at its sole cost and expense, be responsible for (a) keeping all of the building, structures and improvements erected on each of the Properties in reasonably good order and repair, free from actual or constructive waste; (b) subject to Article XI, the repair or reconstruction of any building, structures or improvements erected on the Properties damaged or destroyed by a Casualty; (c) subject to Section 7.02, making all necessary structural, non-structural, exterior and interior repairs and replacements to any building, structures or improvements erected on the Properties; (d) operating the Properties in accordance with those standards adopted by Lessee ▇▇▇▇▇▇ from time to time on a system‑wide system-wide basis for the Permitted Facilities; (e) (i) ensuring that no party encroaches upon any Property, (ii) except as otherwise set forth in this Lease, protecting, defending, indemnifying, releasing and holding the Indemnified Parties harmless from and against any and all claims and Losses arising out of or in any way relating to any encroachments and/or activities upon any Property caused by any Person; and (iii) prosecuting any claims that Lessee seeks to bring against any Person relating to Lessee’s use and possession of any Property; and (f) paying all operating costs of the Properties in the ordinary course of business; and (g) (i) maintaining the cemetery located upon the Property in Lynchburg, Virginia (the “Lynchburg Cemetery”) and access thereto, maintaining the land and any fencing that surrounds the Lynchburg Cemetery, and ensuring compliance with any applicable Laws or regulations relating to, or in connection with, the Lynchburg Cemetery, and (ii) protecting, defending, indemnifying, releasing and holding the Indemnified Parties harmless from and against any and all claims and Losses arising out of, or in any way relating to, the Lynchburg Cemetery. Lessee waives any right to require Lessor to maintain, repair or rebuild all or any part of the Properties or make repairs at the expense of Lessor pursuant to any Legal Requirements at any time in effect. 4851-8930-3408.5 STORE / Ampco Master Lease Agreement 4 Properties in PA and IN File No.: 7210/02-637

Condition of Property; Maintenance. Lessee hereby accepts the Properties Property “AS IS” and “WHERE IS” with no representation or warranty of Lessor as to the condition thereof. Lessee shall, at its sole cost and expense, be responsible for (a) keeping all of the building, structures and improvements erected on each of the Properties Property in reasonably good order and repair, free from actual or constructive waste, as determined by Lessee in its commercially reasonable discretion; (b) subject to Article XI, the repair or reconstruction of any building, structures or improvements erected on the Properties Property damaged or destroyed by a Casualty; (c) subject to Section 7.02, making all necessary structural, non-structural, exterior and interior repairs and replacements to any building, structures or improvements erected on the PropertiesProperty, as determined by Lessee in its commercially reasonable discretion; (d) operating the Properties in accordance with those standards adopted by Lessee from time to time on a system‑wide basis for the Permitted Facilities; (e) (i) ensuring that no party encroaches upon any Property, (ii) except as otherwise set forth in this Lease, protecting, defending, indemnifying, releasing and holding the Indemnified Parties harmless from and against any and all claims and Losses arising out of or in any way relating to any encroachments and/or activities upon any the Property caused by any PersonPerson provided that such Losses result from claims brought by third parties and provided that such claims are not solicited or instigated by Lessor; and (iiiii) prosecuting any claims that Lessee seeks to bring against any Person relating to Lessee’s use and possession of any the Property; and (fe) paying all operating costs of the Properties Property in the ordinary course of business. Lessee waives any right to require Lessor to maintain, repair or rebuild all or any part of the Properties Property or make repairs at the expense of Lessor pursuant to any Legal Requirements at any time in effect. 4851-8930-3408.5 STORE / Ampco Master Lease Agreement 4 Properties in PA and IN File No.: 7210/02-637

Condition of Property; Maintenance. Lessee hereby accepts the Properties “"AS IS” " and “"WHERE IS” " with no representation or warranty of Lessor as to the condition thereof. Lessee shall, at its sole cost and expense, be responsible for (a) keeping all of the building, structures and improvements erected on each of the Properties (including the Improvements) in reasonably good order and repair, free from actual or constructive waste; (b) subject to Article XI, the repair or reconstruction of any building, structures or improvements erected on the Properties (including the Improvements) damaged or destroyed by a Casualty; (c) subject to Section 7.02, making all necessary structural, non-structural, exterior and interior repairs and replacements to any building, structures or improvements erected on the Properties; (d) operating operating, remodeling, updating and modernizing the Properties and the Improvements in accordance with those standards adopted by Lessee from time to time on a system‑wide basis for the Permitted Facilitiesprudent business practices; (e) (i) ensuring that no party encroaches upon any Property, (ii) except as otherwise set forth in this Lease, protecting, defending, indemnifying, releasing and holding the Indemnified Parties harmless from and against any and all claims and Losses arising out of or in any way relating to any encroachments and/or activities upon any Property caused by any Person; and (iii) prosecuting any claims that Lessee seeks to bring against any Person relating to Lessee’s 's use and possession of any Property; and (f) paying all operating costs of the Properties in the ordinary course of business. Lessee waives any right to require Lessor to maintain, repair or rebuild all or any part of the Properties or make repairs at the expense of Lessor pursuant to any Legal Requirements at any time in effect. 4851-8930-3408.5 STORE / Ampco Master In no event may Lessee remove the Improvements from the Property during the Lease Agreement 4 Properties in PA and IN File NoTerm.: 7210/02-637