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Attachment C 4. Acceptance/Quiet Enjoyment. Tenant accepts the condition of the Property and Premises in an "as-is" and "with-all-faults" condition. If Tenant complies with the provisions of this Lease, Tenant may use the Premises for the term of this Lease. 5. Use of Premises. The Premises must be used only as a truck terminal, a truck maintenance facility, a distribution facility, or related uses. Tenant may not use the Premises for unlawful activity. In particular, Tenant agrees that (a) Tenant will not unlawfully allow controlled substances in the Premises; (b) the Premises will not be used by the Tenant or others acting under its control to manufacture, sell, give away, barter, deliver, exchange, distribute, or possess a controlled substance in violation of any local, state, or federal law, including Minn. Stat. Chapter 152; and (c) the Premises shall not be used in a way that violates any state, federal, or local law pertaining to hazardous substances. 6. Maintenance and Repair. a. By Landlord. Landlord has no responsibility whatsoever for maintenance or repair of the Property and Premises or any of its structures or utility systems, including but not limited to the heating, electrical, plumbing or air conditioning systems. b. By Tenant. Tenant promises, at Tenant's expense, to maintain the Premises in a neat and orderly condition. Tenant agrees to eliminate any violation of health and safety laws that result from the negligent, willful, malicious or irresponsible conduct of the Tenant or the Tenant's family, agents or guests or sublessees. Tenant shall comply with all sanitary laws affecting the cleanliness, occupancy and preservation of the Premises. 7. Alterations/Removal of Property from the Premises. Tenant may not make any material alterations to the Premises without Landlord's written consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, during the term of this Lease, Tenant may remove any and all portions of fixtures, improvements and personal property, provided that Tenant may not remove any load bearing walls or cause any unsafe condition (e.g. exposed wires, pipes, etc.) to exist. 8. Utilities. Tenant shall pay for all utilities for the Premises, including, without limitation, electricity, gas, telephone, garbage hauling and any and all expenses related to any well or septic system. 9. Taxes. Tenant shall be responsible for the payment of any and all real estate taxes and installments of special assessments relating to the Property that accrue during the Term of the Lease (including real estate taxes due and payable in 2010 and subsequent years, if applicable). 10. Insurance. Tenant shall, at Tenant's expense, procure general liability and personal property insurance for the term of the Lease. General liability insurance shall have the following limits: $1,500,000 per occurrence. Proof of insurance shall be provided to Landlord, 2of5