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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. Notwithstanding
<br />any provision of this Lease to the contrary, this Section 4.2 may not be waived, modified or amended
<br />without the written approval of the Salem Area Mass Transit District and the Federal Transit
<br />Administration, or the 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 inanner 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 />E` infectious or radioactive substance, waste, or material, and shall include, without limitation, petroleum oil
<br />E ~ and its fractions, that is the subject of enviranmental 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 />1 Protection Agency (40 CFR pt 302). Lessee acknowledges that the teim Legal Requirements includes
<br />:~' but is not limited to any federal, state, or local statute, regulation, or ordinance or any judicial or other
<br />govemmental order~ pertaining to the protection of health, safety or the environment anch 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 />v (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 />t i preserve and extend any and all rights, licenses, permits (including but not limited to zoning variances,
<br />~ special eaceptions, and nonconforming uses), pnvileges, 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 />~ eacisting 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 eaecution 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 authoriry 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 pmviding water, gas, steam,
<br />electricity, telephone, storm and sanitary sewer, or any other necessary or desuable service or facility for
<br />the benefit of the Premises or the Improvements, then both parties, without cost to either party, will
<br />execute, acl~owledge, and deliver any such instrument or document as may be require~i.
<br />4.6 The Salem Area Mass Transit District may, but shall not lie 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 I.essee shall have no easement or other permanent right to access to or over properly
<br />owned or controlled by the Salem Area Mass Transit Distric~ 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 Distric~
<br />Section S.Liens
<br />5.1 Lessee shall have no power to do any act or to make any contract that may create or
<br />be the basis for any lien, mortgage, or other encumbrance on the reversion or other estate of Lessor or
<br />,~.:' on any interesi of Lessor in the Premises. No interest of either Lessor, or both of them, shall be
<br />, subordinated to any lien, mortgage or encumbrance.
<br />. 5.2 Lessee shall not suffer or permit any liens to attach to the interest of Lessor or Lessee
<br />in all or any part the Premises by reason of any work, labor, services, or materials done for, or supplied
<br /><.
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