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6.1 G <br /> Page 25 <br /> A7TACHMENT2 <br /> hereby and subject to Lessor's lien rights set forth herein, Lessee shall remove <br /> its interiar and exteriar signs and aN o#its movabfe trade f+xtures, equipment, and <br /> personal property from the Leased Premises and fully repair and/or restore all <br /> damage thereto resulting from such removai, and l.essee shali thereupon <br /> surrender the Leased Premises in the same corxii#ion as they were on the date <br /> on which Lessor delivered possession of the Leased Premises to Lessee, <br /> reasonable wear and tear excepted, uniess the Lessor and Lessee agree to <br /> ailow the �essor to retain the improvement. All property of any kind no#removed <br /> from the Leased Premises shall be deemed abandoned by Lessee. !f the <br /> Leased Premises are nat surrendered at the end of the Lease Term, Lessee <br /> shafl indemnify, defend, protect and hold harmless Lessor against any ciaims, <br /> demands, loss, costs and expenses, incfuding, but not limited to, attarneys' fees, <br /> ar liability resulting from delay by �essee in surrendering the Leased Premises <br /> inciuding but not iimited to any loss arising fram any claim made by any <br /> succeeding lessee founded on such deEay. <br /> Except as provided herein, no act or conducf of the Lessor, whether consisting of <br /> the acceptance of the keys to the Leased Premises, or otherwise, shail be <br /> deemed to be or constitute an acceptance of the surrender af #he Leased <br /> Premises by the Lessee prior to the expiration of the Lease 7erm hereof, and <br /> such acceptance by the lessor of the sur�nder by the Lessee sh�ii onty flow <br /> fram and must be evidenced by a written acknowledgmet�t of acceptance of <br /> surrender signed by the Lessor. <br /> 36. CUVENANTS AND CONDITiONS <br /> 36.1 All covenants made by Lessee hereby are conditions of this Agreerr�ent; <br /> therefore, in the event ofi any d�fautt by Lessee in fuffilling any of the same, <br /> Lessor may at any time thereafter at its option declare a forFeiture of this <br /> Agreement. Lessor shall naf be obligated to perform any covenant made by him <br /> under this Agreement which accnaes after the date o# any default by Lessee <br /> hereunder. <br /> 37. YACATlNG <br /> 37.1 Upon terminatian of the Lease, Lessee shalt completely vacate the Premises, <br /> including the removaE of any and ail of its property. Before departure, Lessee <br /> si�a11 return keys and �rsonal property listed on the Inventory of Impravements <br /> ta Lessor in good, clean and sanitary condttion, reasonable wear and tear <br /> excepted. Lessee shafl ailow Lessor to inspect the Premises to verify the <br /> condition of#he Premises and its contents. <br /> 38. LlCENSE,APPPURTENANT RIGHT3, PUBLlC RIGHT OF WAY <br /> 38.1 Lessor is the owner af the public right of way sunounding the Premises <br /> described herein. Lessee, through a separate license agreement granted by the <br /> Lessor, has obtained the permission of Lessor to perform certain acts upon ancf <br /> within the public right of way. i.essor, as Licensor, has granted fa Lessee, as <br /> Licensee, a license far the use of a portion of the public right of way surrounding <br /> the Pramises ("License Area"�for the purpose of wa{k-up business, pick ups and <br /> deliveries, and outdaor seafing consisting of tables and chairs. The license is <br /> personal to the Ljcensee, non-assignabie, and terminable and revocable at the <br /> will of the Licensar. <br /> AtfylAqrY20�8.033 22 <br /> o�aao$ <br />