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ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

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this Lease inures to the benefit of and is binding upon the heirs, personal representatives, and<br />

permitted successors and assigns of the parties hereto.<br />

16.) Ownership. The Equipment is and shall at all times remain the sole and exclusive<br />

property of Lessor. Lessee shall have no right, title, or interest therein or thereto except as<br />

expressly set forth in this Lease. The Equipment shall remain personal properly regardless of<br />

whether it becomes affixed or attached to real property, or permanently rests upon any real<br />

property or any improvement thereon. Lessee agrees to execute all such agreements and other<br />

documents, and to obtain the execution thereof, in recordable form, by all parties having an<br />

interest in any real property to which any of the Equipment is affixed, as Lessor may, from time<br />

to time, reasonably request, with respect to the identity of the Equipment as personal property,<br />

and Lessee further consents to the recordation of all such agreements and documents.<br />

17.) Surrender. Upon the expiration or other termination of this Lease in respect of<br />

any unit of Equipment, whether by passage of time or otherwise, Lessee shall surrender and<br />

return possession of such Equipment to Lessor, free of all advertising and insignia placed thereon<br />

by Lessee, and in good condition, repair, and working order, ordinary wear and tear resulting<br />

from proper use thereof excepted, unless Lessee exercises its option to purchase the Equipment<br />

pursuant to Section 5 above. Lessee shall have the duty, and Lessor shall have the right, to<br />

remove the Equipment from the premises whereon the same is located, whether or not affixed or<br />

attached to the realty or any building, at the sole risk, cost and expense of Lessee. The Lessor<br />

shall not be liable for any damage caused to the realty or any building by the removal of the<br />

Equipment. Equipment returned to the Lessor shall be properly prepared for shipment and shall<br />

be shipped in accordance with Lessor's instructions, at Lessee's expense and with insurance and<br />

freight charges prepaid by Lessee to a point designated by Lessor.<br />

18.) Offset. Lessee hereby waives any and all existing and future claims and offsets,<br />

against any rent or other payments due hereunder, and agrees to pay the rent and other amounts<br />

hereunder regardless of any offset or claim which may be asserted by Lessee or on its behalf.<br />

Lessee hereby further acknowledges that the manufacturer or vendor of the Equipment, including<br />

their agents and employees, were at no time and are not now the agent or under the supervision<br />

of the Lessor, nor was or is the Lessor in any manner, the agent of the manufacturer or vendor.<br />

19.) Non-Waiver. No waiver of any Lessee's obligations, conditions, or covenants<br />

shall be deemed to take place except such waiver that may be in writing and signed by Lessor.<br />

Failure to exercise such remedies which Lessor may have hereunder or any other acquiescence in<br />

the default of Lessee by Lessor shall not constitute a waiver of any obligation of Lessee,<br />

including if applicable the obligation in which Lessee is in default, and Lessor shall be entitled to<br />

pursue any remedy available to it hereunder or at law or equity until Lessee has rendered<br />

complete performance of all obligations hereunder.<br />

20.) Notice. All notices required or permitted under this Agreement shall be sufficient<br />

if delivered personally or mailed to the party at the address set forth below after its signature, or<br />

at such other address as either party may designate in writing from time to time. Any such notice<br />

shall be effective when delivered, or three (3) days after it has been deposited in the United States<br />

mail, duly addressed and postage prepaid.<br />

7.

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