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<br /> Section 5.1(c) above), or, it there is a patio area appurtenant to tine Premises which Landlord.intends to be used
<br /> by Tenant for outdoor cafe seating fin corunection with the use of the Premises (a "-Patio), then any such use
<br /> shall comply with the ternns and standards set forth.in Exhibit D attached hereto.
<br /> Section 6. Re air and Maintenance, Alterations-, Surrender
<br /> Section 6.1. Repair and Maintenance. Tenant agrees to maintain, the Preim"ses 'In the same
<br /> condition as they are at the conunerncemernt of this Lease or as they may be put in during the Term of this Lease,
<br /> reasonable wear and tear,damage by fire and other casualty only excepted,and whenever necessary,to replace plate
<br /> glass(and other glass)and doors therein, and Tenant acknowledges that the Premises are now in good order and the
<br /> glass whole and Tenant accepts the Premises in "as is" conditions without any warranty or represerntatiorn. from
<br /> Landlord. Additionally, Tenant shall, at the Tenant's expense, repaint, refurbish, and remodel the dennised
<br /> prenuses and any part and portion thereof from time to time to assure that the same are kept in a first-class,
<br /> tenantable, and attractive condition throughout the tern of this Lease. Tenant hereby acknowledges that it has
<br /> examined the Prernnises, Landlord shall be responsible for the non-routine repair and maintenance (including
<br /> replacement as and when necessary) of the HVAC systems seeing the Prenuses. without limiting the foregohfzg,
<br /> Tenant agrees to maintain a service contract with a reputable HVAC contractor, which contract shall provide for
<br /> regular inspections of the HVAC systems(at least twice annually). Tenant agrees to provide Landlord with copies of
<br /> such contract. The Tenant shall not permit it the Premises to be overloaded damaged, stripped, or defaced, nor to
<br /> suffer any waste. Landlord shall be responsible for the maintenance and repair of exterior walls, the roof of the
<br /> Building,and the conunon areas of the Shopping Center.
<br /> Section 6.2, Alterations. Tennant shall not make any alterations or additions to the Premises,
<br /> without the prior written consent of the Landlord.not to be uru•easonably withheld, conditioned or delayed. Any
<br /> such allowed alterations shall be at Tenant's expense and shall be performed in a first class professional
<br /> worknnanlike marumer hi compliance with all applicable law. Any alterations or improvements made by the Tenant
<br /> shall become the property of the Landlord at the ternnination of occupancy as provided herein. where furnished by
<br /> or at the expense of Tenant, all movable property, furniture, furinishings and trade fixtures shall remain the
<br /> property of Tenant and nzay be removed by Tenant prior to the expiration of the term or any earlier ternzinat.iorn
<br /> of file Lease. Notwithstanding anything to the contrary contained herein, Tenant shall, at the direction of
<br /> Landlord, remove all or any portion of such alterations, furniture, fixtures or equipment added by Tenant, and
<br /> Tenant shall repair any damage to the Premises arsing from.Tenant's removal of such-items. In the event of the
<br /> Tenant's failure to remove any of Tenant's property from the Premises, Landlord is hereby authorized, without
<br /> liability to Tenant for loss or damage thereto, and at the sole risk of Tenant,and without notice to Tenant,to remove
<br /> and store any of the property at Tenant's expense, and/or to sell the properly not so removed and to apply the net
<br /> proceeds of such sale to the payment of any sums due hereunder, or to destroy such property, Thus Section shah
<br /> survive tine ternnination of this Lease.
<br /> Section 6.3. Surrender. Upon the expu•ation or other termination of the Tenn of this Lease,
<br /> Tenant shall peaceably quit and surrender to Landlord the Premises, inn the condition required by this Lease,
<br /> including without limitation Sections 6.1 and 6.2.This Section shall survive the termination of this Lease.
<br /> Section 7. Indemnity and Insurance
<br /> Section 7.1. bidenunity. To the maxfi nunn extent this agreement may be made effective according
<br /> to law, Landlord and Tenant agree to i.rndennnify and save harinnless each other fronn and against all claims of
<br /> whatever nature arising from any act, omission or: negligence of the other, or the other's contractors, licensees,
<br /> agents, servants,or employees,or arising from any accident,hijury,or damage whatsoever caused to any person,or
<br /> to the property of any person occurn•irng during the Teams hereof, injury or damage occurTirng inside the Prenuses,
<br /> where such accident, damage or injury results or is claimed to have resulted fiom an act or omission on the part of
<br /> the Landlord or the Landlords agents or employees,outside of the Prenuses,where such accident,darnnage or hIjury
<br /> results or is claimed to have resulted hang an act or omnission on the part of the Tenant or the Tenant's agents or
<br /> employees. This indennrnity and hold har7nnless agreement shall include undernnrnity against all costs, expenses arnd
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