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successors in interest) to the extent that such transit operation is conducted in a manner reasonably
<br />consistent with usual and customary practices of transit system operations, or to burden, interfere with or
<br />prevent access to, or ingress to and egress from, any facility, property or improvements owned or
<br />occupied by the Salem Area Mass Transit District on the same block as the Premises. The parties
<br />acknowledge that the owners ip interest~' the Salem Area Mass Transit District have been acquired in
<br />part with federal funds provided to the Transit District by the Federal Transit Administration pursuant to
<br />a grant agreement under 49 USC §5301 et seq. The federal government retains a continuing interest in
<br />all property and other facilities acquired or constructed with federal funds that may be located in or
<br />upon the property. If, for any reason, such property or facilities are not used for transit purposes
<br />defined by the applicable law, regulations, grant agreements and FTA Master Agreement, for a period
<br />of at least 30 years from the date of this Lease the Federal Transit Administration shall be entitled to
<br />reimbursement as provided under 49 CFR part 18 for its proportional share of the fair market value of
<br />such property funded by the Federal Transit Administration. otwit stan mg any provision o t is
<br />Lease to the contrary, this Section 4.2 may not be waived, modified or amended without the written
<br />approval of the Salem Area Mass Transit District and the Federal Transit Administration, or the
<br />successors to their governmental authority.
<br />4.3 Lessee shall not use or occupy, or permit or suffer all or any part of the Premises or
<br />the Improvements to be used or occupied (1) for any unlawful or illegal business, use, or purpose, (2) in
<br />any such manner to constitute a nuisance of any kind, or (3) for any purpose or in any way in violation
<br />of the certificate of occupancy, or of any Legal Requirements, including but not limited to Legal
<br />Requirements respecting Hazardous Substances, or (4) for any business, use, or purpose deemed
<br />disreputable. The term Hazardous Substance means any hazardous, toxic, or dangerous substance,
<br />infectious or radioactive substance, waste, or material, and shall include, without limitation, petroleum oil
<br />and its fractions, that is the subject of environmental protection Legal Requirements, including but not
<br />limited to the items listed in the United States Department of Transportation Hazardous Materials Table
<br />(49 CFR § 172.101) or designated as hazardous substances by the United States Environmental
<br />Protection Agency (40 CFR pt 302). Lessee acknowledges that the term Legal Requirements includes
<br />but is not limited to any federal, state, or local statute, regulation, or ordinance or any judicial or other
<br />governmental order pertaining to the protection of health, safety or the environment such as the
<br />Comprehensive Environmental Response, Compensation and Liability Act (42 USC §6901 et seq.), the
<br />Federal Water Pollution Control Act (33 USC §6901 et seq.), the Federal Water Pollution Control Act
<br />(33 USC §1257 et seq.), and the Clean Air Act (42 USC §2001 et seq.).
<br />4.4 Lessee shall observe and comply with all conditions and requirements necessary to
<br />preserve and extend any and all rights, licenses, permits (including but not limited to zoning variances,
<br />special exceptions, and nonconforming uses), privileges, franchises, and concessions that now apply to
<br />the Premises or that have been granted to or contracted for by Lessor or Lessee in connection with any
<br />existing or presently contemplated use of the Premises or the Improvements.
<br />4.5 Lessor and Lessee agree that if and when any governmental or any other public
<br />authority requires the execution and delivery of any instrument to evidence or consummate the
<br />dedication of any street adjoining the Premises and/or if and when any governmental or any other
<br />public authority or any public utility company requires the execution and delivery of any rights of way,
<br />easements, and grants in, over, and along any such streets or in, over, under, or through the Premises
<br />(except any that may run under the Improvements) for the purpose of providing water, gas, steam,
<br />electricity, telephone, storm and sanitary sewer, or any other necessary or desirable service or facility for
<br />the benefit of the Premises or the Improvements, then both parties, without cost to either party, will
<br />execute, acknowledge, and deliver any such instrument or document as may be required.
<br />4.6 The Salem Area Mass Transit District may, but shall not be obligated to, grant Lessee
<br />a revocable license for access, during the regular hours of operation of the Salem Area Mass Transit
<br />District, to or over property owned or controlled by the Salem Area Mass Transit District; provided,
<br />however, that Lessee shall have no easement or other permanent right to access to or over property
<br />owned or controlled by the Salem Area Mass Transit District. Access to or over property owned or
<br />controlled by the Salem Area Mass Transit District shall be subject to such rules, regulations and
<br />ordinances as may, from time to time, be adopted by the Salem Area Mass Transit District.
<br />NoRh Pad Ground Lease Courthouse Square
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