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<br /> Common Area MaMtenance Expenses deposits with Landlord on the first day of every month in an amount
<br /> equal to what Landlord reasonably estimates to be one-twelfth(lIl2th) of Tenant's Pro-rata Share of the aluival
<br /> Common Area Maintenance Expenses, with a final adjustment to be made between the parties as soon as the
<br /> actual dollar amount owed by Tenant for Tenant's Pro-rata Share of Common Area Maintenance Expenses for
<br /> the applicable year has been determined. Landlord may re-estirnate such monthly amount from time to time.
<br /> Section 4. Utilities and Trash Service. Landlord shall supply electric current, water, sewer, and
<br /> other utilities to the Premises as presently provided,and Tenant shall pay for all such utility services serving the
<br /> Premises as part of the Additional Rent. Landlord may ineasure and charge all utilities to Tenant by any
<br /> reasonable method, including without lin--tation by meter or submeter, by allocating a per square foot cost for
<br /> such utilities, or by other means not uncon-anon to the real estate industry. Landlord may require Tenant to pay
<br /> for some or all utility services directly to the applicable utility provider, or Landlord may elect to pay for such
<br /> utility services and require Tenant to pay Landlord in advance for the cost thereof, as estimated by Landlord.
<br /> Landlord shall not be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain
<br /> or incur: (i) if the quantity, character, or supply of utilities is changed or is no longer available or suitable for
<br /> Tenant's requirements, or (ii) due to interruption of utilities, provided, however, that Landlord will use good
<br /> faith efforts to cause the applicable utility service to be restored following any such interruption. Landlord
<br /> reserves the right to i:nten-upt, curtail, stop or suspend the fumislvng of the services described herein, when
<br /> necessary by reason of accident or eiriergency, or for repairs, alterations, replacements or improvements which
<br /> are, in the reasonable Judgment of Landlord, desirable or necessary to be 117ade.
<br /> Provisions have been made by the Landlord for trash removal by a contractor, and Tenant agrees to use
<br /> said contractor for its trash removal and to pay when due all charges at the rate established therefor from time to
<br /> time, (at a 2014 monthly rate of$0.054 per square foot[per month] for retail establishments.) if the Tenant fails
<br /> so to pay for trash removal, the Landlord shall Have the same remedies (even if such payment is due to such
<br /> contractor and not to the Landlord) as the Landlord has for nonpayment of rent hereunder. Cavosa Disposal is
<br /> currently the trash disposal company and will bill directly. All trash, refuse, and the like, shall be kept in
<br /> covered containers, either within the Premises or in-one of the Shopping Venter dunipsters, at all times, and fig
<br /> no event stored outside of the same.
<br /> Section 5. 0 eration of Premises: Hazardous Materials; Coin fiance with Laws: Assignment
<br /> and Subettn .
<br /> Section 5.1 General Re uirements Reizarding Operation of Premises. Tenant's use of the
<br /> Prenuses is subject to the following: (a) Tenant shall conduct its operations Mn the Prenuses under its Trade
<br /> Name specified herein, or the trade name of any peniu'tted transferee in accordance with the provisions of
<br /> Section 5.5 below, unless the Landlord shall otherwise consent in writing; (b) no auction, fire, going out of
<br /> business sale, "lost our lease", or bankruptcy sales may be conducted within the Premises; (c) Tenant shall not
<br /> use sideways adjacent to the Premises for any business purposes unless Tenant first obtahls prior written
<br /> consent from Landlord (maid, in all events, any use of sideways areas shall conform,to the terms of Section 5.6
<br /> below and Exhibit D)a (d) Tenant shall receive and deliver goods and merchandise only in the manner, at such
<br /> times, and in such areas, as may be designated by the Landlord and ul all events in such a manner so as to not
<br /> unreasonably interfere with the business and operations of the other tenants or occupants in the Shopping
<br /> Center; (e)Tenant shall not allow any noises or odors to be emitted from the Prenuses,and,without limiting the
<br /> foregoing, in no event shall the Premises or Tenant's use thereof constitute a nuisance or menace to any other
<br /> occupant or other persons oil the Shopping Center or in the area; (f) Tenant shall abide by all reasonable rules
<br /> and regulations from time to time established by Landlord by written notice to Tenant with respect to the
<br /> Shopping Center (Tenant acknowledges receipt of the rules and regulations currently ui effect, which are
<br /> incorporated herein by this reference); (g) Tenant shall not do or pernut anything to be done in or upon the
<br /> Premises, which shall increase the rate of insurance on the Premises or on the Shopping Center above the
<br /> standard rate on said Premises and Shopping Center; and Tenant further agrees that ll1 the event it shall do any
<br /> of the foregoing, it will promptly pay to Landlord on demand ally such increase resulting therefrom, 0) Tenant
<br /> shall use the Premises for the Permitted Use, and no other purpose; (k)Tenant shall keep the display windows of
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