Common use of Demised Land Clause in Contracts

Demised Land. Subject to the terms and conditions of this Lease, from and after the Term Commencement Date and for the Term, Lessor hereby leases the Demised Land to Lessee, and Lessee hereby leases the Demised Land from Lessor, subject to all of the following title and use exceptions (collectively, the "Encumbrances"): (a) Easements, covenants, conditions, restrictions, assessments, bonds, Property Taxes, deeds of trust, and other liens, encumbrances, and other matters affecting title to the Demised Land or any part thereof, as of the Term Commencement Date, that are disclosed in or by this Lease or the Official Records; (b) All Legal Requirements; (c) Subject to the provisions of this Lease, and in particular Lessee's Access Rights, the right and power of Lessor, which is hereby reserved by and to Lessor, for the benefit of the entire Borax Site, to continue to use, maintain, alter and/or replace the Access Road, including, without limitation, those portions of the Access Road located within the Premises which are depicted on the Survey (the "Reserved Roadway Rights"); (d) Subject to the provisions of this Lease, and in particular Lessee's Access Rights, the right and power of Lessor, which is hereby reserved by and to Lessor, to use, sell, maintain, alter, demolish, and/or replace any and all of Lessor's Improvements located on the Demised Land (the "Reserved Uses"); and (e) The right and power of Lessor, which is hereby reserved by and to Lessor, to have access across all or any portion of the Demised Land as expressly set forth herein, including, without limitation, in Section 4.5 hereof. [***] Confidential portions of this document have been redacted and filed separately with the Commission.

Demised Land. Subject to the terms and conditions of this Lease, from and after the Term Commencement Date Lease and for the Term, Lessor hereby leases the Demised Land to Lessee, and grants Lessee Lessee’s Access Rights and Lessee hereby leases the Demised Land from LessorLessor and accepts Lessee’s Access Rights, subject to all of the following title and use exceptions (collectively, the "“Encumbrances"”): (a) Easements, covenants, conditions, restrictions, assessments, bonds, Property Taxesproperty taxes, deeds of trust, and other liens, encumbrances, and other matters affecting title to the Demised Land or any part thereof, as of the Term Commencement Date, that are disclosed in that certain Preliminary Title Report, dated September 2, 2005, issued by First American Title Insurance Company under Order Number NCS-97132-SAC1 for the Demised Land or by this Lease or in the Official Records, including, but not limited to, the Governmental Decrees and Orders and the Governmental Restrictions and the access and other rights and powers of the PCD Agencies; (b) All Legal RequirementsThe right and power hereby reserved to Lessor for the benefit of Lessor’s Improvements for the benefit of Lessor, to continue use of the Lessee Controlled Roadways (the “Reserved Roadway Rights”) set forth therein; (c) Subject to the provisions of this Lease, and in particular Lessee's Access Rights, the right and power of Lessor, which is hereby reserved by and to Lessor, for the benefit of the entire Borax Site, to continue to use, maintain, alter and/or replace the Access Road, including, without limitation, those portions of the Access Road located within the Premises which are depicted on the Survey (the "Reserved Roadway Rights")The Quantity/Distance Restrictions; (d) Subject Conditions, encumbrances, and other matters that would be identified on an accurate survey of the Premises and all Existing Improvements, as of the Term Commencement Date, conforming to the provisions Minimum Standard Detail Requirements jointly established and adopted by ALTA, ACSM and NSPS in 1999; (e) The right of this LeaseLessor to leave and have all of Lessor’s Improvements, including, but not limited to, the Aerojet Buildings on the Demised Land, and in particular Lessee's Access Rights, the right and power of Lessor, which is hereby reserved by and to Lessor, to reasonably use, sell, maintain, alter, demolish, and/or replace any the Aerojet Buildings as provided in this Lease and all of Lessor's Improvements located including for the purposes listed on the Demised Land Exhibit “G” (the "collectively “Reserved Uses"”); provided that: (i) In none of the Aerojet Temporary Use Building, the Aerojet Buildings or the Off-Site Aerojet Buildings shall energetic materials be used, manufactured, or stored, except for those buildings designated on Exhibit “C” attached hereto (and for such buildings, only for the time periods listed thereon), except that: (A) In two (2) of the Off-Site Aerojet Buildings, Lessor, at its election, may permanently use, manufacture, or store energetic materials, which two (2) are so designated on Exhibit “C” attached hereto; and (eB) The right and power In any or all of Lessorthe Off-Site Aerojet Buildings, which is hereby reserved energetic materials may be used, manufactured, or stored indefinitely so long as the area or areas affected by and to Lessor, to have access across all or the Quantity/Distance Restrictions applicable thereto do not include any portion of the Demised Land as expressly Land. (f) Those restrictions set forth hereinin that certain master settlement agreement and release (the “Master Settlement Agreement”) dated October 12, including2004, without limitationby and among American States Water Company, in Section 4.5 hereofSouthern California Water Company, Lessor, and Cxxxxxx Chemical Company. [***] Confidential portions Lessor has provided to Lessee a true and complete copy of this document have been redacted and filed separately with the CommissionMaster Settlement Agreement.