5.A.(1) Lease Termination Agreement (SASCO)

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building, zoning, health or fire codes, laws, statutes or ordinances if the conditions which would otherwise be the source of such violations existed on the date of the execution of this Agreement; and (iii) TCU shall assume no liability including, without limitation, environmental liability, arising from any condition existing on the Premises on or before the date of the execution of this Agreement. 9.The Commission shall be defended and held harmless by TCU from any liability or claims for damages to any person or any property in or upon the Premises arising from the actions of TCU, its agents, employees or invitees unless caused by the negligent or willful acts of the Commission or its agents, employees or invitees. TCU shall pay all expenses incurred by the Commission in defending any such claim or action including, without limitation, the attorney’s fees of the Commission and any judgment or court costs. 10.The parties acknowledge and agree that time is of the essence of this Agreement. 11.Except as provided herein, all other terms, conditions and provisions of the Lease shall remain in full force and effect until TCU quits, surrenders and vacates the Premises and delivers the keys thereto upon the Termination Date upon which event the Lease shall terminate, become null and void and be of no further force and effect. 12.Upon the Termination Date and TCU having quit, surrendered and vacated the Premises, the Commission shall have free and full access to the Premises and shall be entitled to use or dispose of any property or fixtures remaining within the Premises as it, in its sole discretion decides, all without obligation of any sort to TCU. 13.This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assignors. - 3 -