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Delinquent Rent and City the full amount of Delinquent License Fees, and Agency and/or City,
<br /> without further notice or demand, may immediately file suit and/or take other legal or equitable
<br /> action to recover the full amount of Lessee's Obligations from Lessee.
<br /> 6. Surrender of Lease Area. Lessee will leave the Lease Area in broom -clean
<br /> condition (e.g. all Fixtures [defined below] cleaned and floors swept of debris) and shall
<br /> surrender all right to possession of the Lease Area (including returning the door key and exterior
<br /> electrical outlet key to Agency) as of the Termination Date, subject to the terms and conditions
<br /> of this paragraph 6. Lessee shall remove its personal property and all signs affixed to the Lease
<br /> Area, but Lessee shall leave in place and in their current "AS -IS" condition all other alterations
<br /> and fixtures installed by or for Lessee, as shown in the attached Exhibit B ( "Fixtures "). Any
<br /> and all removal of Lessee's personal property and signs shall be performed, and all damage
<br /> caused by such removal shall be repaired and restored, at Lessee's expense. If Lessee does not
<br /> remove the personal property and signs shown in the attached Exhibit C (collectively,
<br /> "Personalty "), in accordance with this Termination, then (1) title to the Personalty shall vest in
<br /> Agency as of the Termination Date, (2) Agency may elect to retain or dispose all or any portion
<br /> of the Personalty in any manner without further notice to Lessee, (3) Lessee waives any and all
<br /> claims against Agency (including for any damage to Lessee) arising from or related to the
<br /> Personalty, including Agency's retention or disposition thereof, and (4) Lessee shall be liable to
<br /> Agency for Agency's costs for storing, removing, and disposing of any Personalty, which
<br /> obligation shall survive termination of the Lease. In addition to the foregoing, Lessee shall leave
<br /> in place and in their current "AS -IS" condition the 16 tables and 32 chairs provided for Lessee's
<br /> use within the License Area and owned by City.
<br /> 7. Waiver and Release.
<br /> a. By Lessee. In consideration of Agency's and City's agreements to enter
<br /> into this Termination, Lessee hereby releases Agency and City from any and all claims, actions,
<br /> causes of action, obligations, costs, damages, losses, liabilities and demands, of whatever kind
<br /> and nature, in law or equity, in contract, tort or otherwise, past, present, future, known or
<br /> unknown, contingent or non - contingent, anticipated or unanticipated, suspected or unsuspected,
<br /> which Lessee now has, ever had, or may have in the future arising directly or indirectly out of,
<br /> based on, relating to or connected in any way with the Lease and/or License.
<br /> b. By Agency and City. Subject to Lessee's timely satisfaction all of its
<br /> obligations under this Termination including surrender of the Lease Area, Agency and City
<br /> hereby release Lessee from any and all claims, actions, causes of action, obligations, costs,
<br /> damages, losses, liabilities and demands, of whatever kind and nature, in law or equity, in
<br /> contract, tort or otherwise, past, present, future, known or unknown, contingent or non -
<br /> contingent, anticipated or unanticipated, suspected or unsuspected, which each Agency and City
<br /> now has, ever had, or may have in the future arising directly or indirectly out of, based on,
<br /> relating to or connected in any way with the Lease and /or License.
<br /> 8. Remedies. In the event of a breach of this Termination by a party, the other party
<br /> shall be entitled to sue for damages, seek specific performance, and exercise all rights and
<br /> remedies available to the aggrieved party under this Termination and at law and in equity for
<br /> such breach.
<br /> ATTY /AGR/2011.053
<br /> 062111
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