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6.1A Page 7 In addition to the Premises, Licensee shall be responsible for keeping the surrounding landscaped portions of the Paseo, hereinafter referred to as Area 2, free from all garbage, refuse and recyclables (garbage and refuse shall include but are not limited to, cigarettes butts, wrappers, sups, straws, stirrers, and napkins). Area 2 is identified on the attached diagram and incorporated herein as Exhibit "0". The City shall be responsible for clean-up in the remaining areas of the Paseo and for maintenance and care of the trees. 6. USE AND TIME OF USE 6.1 Unless otherwise agreed to by Licensor in writing, the Premises may be used only by Licensee and Licensee's agents, customers, and contractors for the purposes stated herein. Licensee agrees to use the property in accord with all federal, state, and local laws and regulations, and any permits or entitlements, and the conditions stated therein, issued pursuant to those laws. 6.2 The terms of the Licensee's current Planning Use Permit, Architectural Permit, and Sidewalk Cafe Permit related to this project are attached hereto as Exhibit "E" and are incorporated herein by this reference. Failure to comply with any of the conditions stated in these Permits shall constitute a material breach of this agreement. The uses described in Section 5 may not commence until a new Planning Use Permit is obtained. User Fees will continue to be assessed despite the failure of the Licensee to obtain a Planning Use Permit. 6.3 Licensee agrees not to use or permit use of the Premises for any unlawful purpose, and not to commit or permit any waste or nuisance in or about the Premises. Licensee will not use Premises in a manner that increases the risk of fire, cost of fire insurance or improvements thereon. Licensee at his/her expense, shall keep the Premises in as good condition as it was at the beginning of the terms hereof, except damage occasioned by ordinary wear and tear. 6.4 Licensee shall not do or permit to be done anything in any manner which unreasonably disturbs the U.S. Post Office, their employees, customers, and visitors to the U.S, Post Office, or the occupants of neighboring property. Specifically, and without limiting the above, Licensee agrees not to cause any unreasonable odors, noise, vibration, power emissions or other item to emanate from the Premises. No materials or articles of any nature shall be stored outside upon any portion of the ATTY/AGR/2007.002 012407 5