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hereby and subject to Lessor's lien rights set forth herein, Lessee shall remove its interior and exterior signs and all of its movable trade fixtures, equipment, and personal property from the Leased Premises and fully repair and/or restore all damage thereto resulting from such removal, and Lessee shall thereupon surrender the Leased Premises In the same condition as they were on the date on which Lessor delivered possession of the Leased Premises to Lessee, reasonable wear and tear excepted, unless the Lessor and Lessee agree to allow the Lessor to retain the improvement. All property of any kind not removed from the Leased Premises shall be deemed abandoned by Lessee. If the Leased Premises are not surrendered at the end of the Lease Term, Lessee shall Indemnify, defend, protect and hold harmless Lessor against any claims, demands, loss, costs and expenses, Including, but not limited to, attorneys' fees, or liability resulting from delay by Lessee in surrendering the Leased Premises including but not limited to any loss arising from any claim made by any succeeding lessee founded on such delay. Except as provided herein, no act or conduct of the Lessor, whether consisting of the acceptance of the keys to the Leased Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Leased Premises by the Lessee prior to the expiration of the Lease Term hereof, and such acceptance by the Lessor of the surrender by the Lessee shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by the Lessor. 36. COVENANTS AND CONDITIONS 36.1 All covenants made by Lessee hereby are conditions of this Agreement; therefore, in the event of any default by Lessee In fulfilling any of the same, Lessor may at any time thereafter at its option declare a forfeiture of this Agreement. Lessor shall not be obligated to perform any covenant made by him under this Agreement which accrues after the date of any default by Lessee hereunder. 37. VACATING 37.1 Upon termination of the Lease, Lessee shall completely vacate the Premises, including the removal of any and all of its property. Before departure, Lessee shall return keys and personal property listed on the Inventory of Improvements to Lessor in good, clean and sanitary condition, reasonable wear and tear excepted. Lessee shall allow Lessor to inspect the Premises to verify the condition of the Premises and its contents. 38. LICENSE, APPPURTENANT RIGHTS, PUBLIC RIGHT OF WAY 38.1 Lessor is the owner of the public right of way surrounding the Premises described herein. Lessee, through a separate license agreement granted by the Lessor, has obtained the permission of Lessor to perform certain acts upon and within the public right of way. Lessor, as licensor, has granted to Lessee, as Licensee, a license for the use of a portion of the public right of way surrounding the Premises ("License Area") for the purpose of walk-up business, pick ups and deliveries, and outdoor seating consisting of tables and chairs. The license is personal to the Licensee, non-assignable, and terminable and revocable at the will of the Licensor. Atty/Agrl2008.033 050508 22