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6.1 B Page 33 6. €'REMlSES AREA MAINTENANC� COSTS, REPAER AND UTILITIES 6.1 The 16 tables and 32 chairs provided by the Licensar for Licensee use shall be �vail�ble to the pubiic without purchase requirement during the L.icensor's hours of operation. Licensee wi�l take out, ciean, bus, and secure the tables and chairs with a cable or other means as approved by the Licensor. (f the tables and chairs need to be availabfe to the public before and/or after Licensee's hours of operation, Licensor shall be respansibfe for the protect'san of the tables and chairs. 6.2 Licansee will provide, at his/her own expense, adequate receptacies for trash and recycling within the license area, and ensure fhat receptacles do not become overfilled during hours of operation. Licensee wiil rnaintain and empty these receptacies. 7. COMMON AREAS 7.1 Licensee shalf have the non-exclusive right to use, in common with other vendors on Courthouse Square any and all areas and faciiities that are outside the boundaries of the License Area 1 B and are within the perimeter of Courthouse Squa�e. Said areas that are provided and designated by Licensor, in Licensor's sole discretion, are for the generai and common use and conveni�nce of Licensee, Licensar's emplayees, tenants of the Courthouse building, other vendars of Courthouse Square and their respective representatives, and the general public. Common areas includa, but are not limited to pavilion breezeways, fountains, elevators, stairways and access ways, loading and unloading areas, trash areas, ramps, platforms, public res#rooms, landscaped areas and comman walkways and sidewalks necessary for access to the Courthouse Square and the Courthouse building. 7.2 Licensor reserves the right to exercise control and management of the common areas and may estabEish, madify, change and enforce such reasonable rules and regulatians (as specified in Exhibit "C", Draft Chapter 33A Article 4 Courthouse Square, attached hereto and incorporated herein) as Licensor deems desirable for the management of the pavilions and the remaining areas of Caurthouse Square. Upon City Council approval of Exhibit "C", the Licensor wiil repiace and Licensee shall agree to the replacement of Exhibit "C" wi#h the final approved municipaf ardinance. Licensee agrees to abide by and canform to such reasonable rules and regulations and shail be responsible for the compliance with same by its employees, agents, customers and invitees. The failure of Licensor to enforce any such reasonabie rules and regula#ions against Licensee or any other vendors shall nof be deemed to be a waiver of same. Licensee's failure to keep and observe said reasonable rules and regulations shall constitute a breach af the terms of this Agreement in the same manner as if the ruies and regulations were contained herein as License Agreement cavenants. 7.3 Licensor shall have the right to close al! or any portion of the common areas at such times and for such periods as may, in the opinion of the Licenso�, be n�cessary to preserve Courthouse Square as a public plaza, or to prevent the accrual of any rights in any person; and Licensor may also close said common areas for purposes of maintenance and repair services as may be required. � ATTY/AGR/2007.068 4 09407