05/18/2020 BOARD OF SELECTMEN Agenda Packet

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EXMRIT D ' PROVISIONS REGARDING USE OF SIDEWALK ARI'CA AND PATIO If Tenant is granted pe=`ssion by Landlord, in writing, to use the sidewalk area in. front of the Prernises (the "Sidewalk Area") for selling purposes (see Section 5,1(c) above), or, if there is a patio area appurtenant to the Prenlises which Landlord intends to be used by Tenant for outdoor cafe seating in connection with the use of the Premises(a"Patio"), then any such use shall comply with the terms and standards set forth below. Use of&dewalk Area.Tenant's use of the Sidewalk Area shall be subject to the following terms and conditions: (a) The Sidewalk Area may be used only for the purpose of sidewalk sales up to four(4) times per calendar year,not to exceed four(4)days per event. Prior to each sidewalk sale,Tenant shall secure Landlord's prior approval as to the dates of such sale. (b) Tenant shall,at its sole cost and expense, obtain any permits and approvals necessary for the use of the Sidewalk Area for such sidewalk sales. (c) Tenant's maintenance,repair,insurance and indemnification obligations set forth in this Lease with respect to the Prenni'ses sM-, I apply, "in fall,to Tenant's use of the Sidewalk Area,just as though the Sidewalk Area were also part of the Premises. (d) Tenant"s n*ght to use the Sidewalk Area shall be subject to reasonable rule'and regulations established by Landlord with respect thereto and Tenant's failure to comply with such rules and regulations shall constitute a default under this Lease. (e) The,Sidewalk Area shall be maintained by Tenant M* a neat,clean and orderly condition and all litter and,other debris shall be removed promptly therefrom. (f) The use by Tenant of the Sidewalk Area shall not result in any material and adverse interference with the operation of the Shopping Center.In no event shall Tenant obstruct pedestrian traffic on,over or across the sidewalk. Furthermore,in the event Tenant's use of the sidewalks becomes a nuisance or detriment to the Shopping Center or in the event a third party tenant should complain of Tenant's use of the sidewalks,then Landlord may require Tenant to remove all of its merchandise promptly upon written notice, and thereafter Tenant shall have no ftuther right to use any portion of the Sidewalk Area for its outdoor sales. Use ofPatio Area. Tenant's use of the Patio shall be subject to the following terms and conditions: (a) Tenant shall, at its sole cost and expense, obtain any permits and approvals necessary for the use of the Patio; (b) Tenant's maintenance,repair,insurance and indennn'fi cation.obligations set forth in this Lease with respect to the Premises shall apply,in full,to Tenant's use of the Patio,just as though the Patio were part of dw Premises; (c) Tenant's right to use the Patio shall be subj ect to reasonable rules and regulations established by Landlord with respect thereto and Tenant's failure to comply with such rales and regulations shall constitute a default under this Lease; (d) The Patio shall be maintained by Tenant in a neat,clean and orderly condition and all litter and other debris shall be removed promptly therefrom;and (e) The use by Tenant of the Patio shall not result in any material and adverse interference with the operation of the Shopping Center. 18