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The areas governed by the license are not a part of the Premises defined by the lease. The Licensee does not hold any estate or interest in the property of the City in the public right of way by virtue of this license. The City may formulate rules, conditions of license, regulations and a permit process for the use of the public property and right of way area surrounding and in close proximity to the Premises, and the uses of other areas in the public right way of the City. The areas surrounding the Premises may be governed thereby and the Lessee agrees to be bound by these rules and regulations and obtain such permits or licenses as may be required. These areas may be governed by this lease to the extent it is not in conflict with City rules, regulations, and permit requirements as they now or hereafter exist. Lessor shall at all times retain exclusive final authority over the public right of way including the License Area. Lessor shall have the right to perform any and all acts of construction and maintenance in the publiC right of way, including the License Area, as fully and completely as if the license for the use of the License Area did not exist. Lessor will not be liable to the Lessee by reason of any injury to or Interference with Lessee's business or property for any inconvenience or damages caused thereby. ' The lease term applicable to the Premises does not apply to the License Area and Lessor retains the right at its sole disaetion to terminate or revoke said license at any time. Termination or revocation of the Licensee's use of the License Area is not a grounds for termination of the lease. Termination or restriction of the use of the License Area does not reduce rental payments due under the Lease Agreement. 39. AMENDMENT 39.1 The terms of this Agreement may be amended only in writing and by mutual agreement between the Agency and the Lessee. 40. COMPLIANCE WITH LAWS 40.1 The Parties hereto shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments in the performance of their rights, duties and obligations under this Lease, including all applicable laws, ordinances, codes and regulations pertaining to the storage, handling, preparation and service of food. (continued on next page) Atty/Agr/2008.033 050508 23