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assignment (with or without Lessor~s consent) shall release Lessee from
any of its obligations hereunder. It is understood and agreed~ however~
that Lessee may, with Lessor~s prior written consent assign this lease
to any successor to or purchaser of Lessee's business who is, at the
time of such assignment the holder of a franchise from McDonald's
System, Inc. referred to in Article XIV.
ARTICLE IX
FIXTURES
SECTION 1. Al1 buildings and improvements and ail plumbing, heating,
lighting, eiec~rical and air conditioning fixtures and equipment and
all other articles of property which, at the date Lessee takes posses-
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sion of the demised premises~ are the property of the Lessor or of the '
Fee Owner are hereby declared' to be and shal~ be and remain a part of ~
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the real estate and be considered to be leased and demised hereunder.
SECTION 2. At or prior to the tei~mination of this lease, whether by
lapse of time or otherwise, Lessee shall, sub~ect to any rights of
McHonald's Systems, Inc. under the Franchise referred to in Article XIV,
remove all of its personal property and trade fixtures from the pre-
mises and shall repair any damage to the premises which may have been ~
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caused or occasioned by such removal.
ARTICLE X
INDEMNITY FOR LITIGATION
Lessee covenants and agrees that in case Lessor shall without fault ~
on its part be made a party to any litigation commenced by or against
Lessee, then Lessee shall and will pay all costs and expenses, in-
cluding attorneys' fees~ incurred by or imposed on Lessor by or in
connection with such litigation; and also sha~l and will pay all ~
costs and expenses, including attorneys' fees~ which may be incurred t
by Lessor in enforcing any of the covenants and agreements of this
lease, and all such costs, expenses and attorneys' fees shall, if
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