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subleases. If this Lease shall be assigned or the Premises or any portion thereof sublet by Lessee at a rental that exceeds all rentals to be paid to Lessor hereunder, ath•ibutable to the Premises or portion thereof so assigned or sublet, then and in such event, any such excess shall be paid over to Lessor. Lessor shall, at its election upon notice to Lessee and without limitation, have the right to enter into a direct lease with the proposed assignee or subtenant and/or terminate this Lease. Lessor acknowledges and agrees. that Lessee shall have exclusive use and occupancy of the Premises and shall have the right in its name to eject any other person claiming any right or tenancy in the Premises. Notwithstanding any other provisions of this Lease, should anyone claiming by or through Lessor assert a claim or defense against Lessee for possession of the Premises, Lessee may immediately terminate this Lease. 9. ALTERATIONS BY LESSEE. Lessee may make alterations, additions or improvements to fhe`Preriiises; 'including demolition of the existing buildings and structures only with the prior written consent of Lessor. All alterations, additions and improvements made by, for ot• at the direction of Lessee.shall when made become the property of Lessor. Lessee shall promptly pay and discharge any and all licensees, imposts, liens or other charges arising out of or in com~ection with the performance of any act required of or permitted by Lessee and shall keep the Premises free and clear from any and all such liens or charges. Lessee agrees to maintain the buildings and structures, and the well and water systems, septic and plumbing systems, and electrical and mechanical systems in good working order. Any personal or business property of the Lessor remaining on the property at the time of possession by the Lessee shall be photographed, listed, and maintained and preserved by"the Lessee until such a time as the Lessor takes possession of those items of property at the Lessor's convenience. 10. PROPERTY OF LESSEE. All property placed on'the'Premises by, at the direction of, or with the consent of the Lessee, its employees, agents, licensees or invitees, shall be at the risk of the Lessee or the owner thereof and Lessor shall not be liable far any loss of or damage to said properly resulting from any cause whatsoever unless sttclt loss or damage is the result of Lessor's proven acts of negligence. 11. PROPERTY OF LESSOR. All Lessor property, including fixtures, appliances, equipment and materials left on the premises, and engines, and other Lomax Enterprises business property stored undet• the barns southeast of the Premises, and those in future placed on the Premises by the Lessor at Lessee request, shall be photob aphed, listed, and available for the Lessee's use as agreed between the parties. Personal items and furnishings of Eltna Lomax not used in the planned interpretation effort shall be stored safely in the buildings, or other safe dry storage, provided by the Lessee, and kept available for return to the Lessor at lease termination, or at the Lessor's convenience. 12. LESSOR'S RIGHT OF ENTRY. Lessor shall have the right to enter the Premises at any time and for such lengths of time as Lessor shall deem reasonable (a) to inspect the Premises, or (b) to abate any condition which constittrtes a violation of any covenant or condition of this Lease. No such entry by Lessor shall in, auy mamier affect Lessee's obligations and covenants under this Lease and no such entry shall of itself without affirmative proof of negligence on the part of Lessor render Lessor liable for any loss of or damage to the property of Lessee. 13. INDEMNIFICATION OF LESSOR. Lessee agrees to indemnify and defend Lessor and to save harmless Lessor against and from any and all claims by or on behalf of any person, firm or corporation arising by reason of injury to person or property occur•ing on the Premises or in the Building occasioned in whole or in part by any act or omission on the part of the Lessee or auy employee, agent, assignee or subtenant of Lessee, or by reason of any unlawful use of the Premises or by reason of any breach, violation or non-performance of any covenant in F-1 Attachment number 2 Page 66