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6.1C Page 28 Premises by the Lessee prior to the expiration of the Lease Term hereof, and such accepfance by the Lessor of the surrender by the Lessee sha11 only flow from and must be evidenced by a written acknow�edgment of acceptance vf surrender signed by#he �essor. 3�. COVENAC�TS AND CUNDITiUNS 35.� Alf co�enants 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 shalf no# be obligated to perform any covenant made by him under this Agreement which accrues after the date of any default by Lessee hereunder. ��, i/AGATiNG 36.1 Upon termination of the Lease, Lessee shal� completely �acate the Premises, including the remova! of any and all of its property. Before depar�ure, Lessee shal! return keys and �ersona! property iisted on the (nventory of Impravements to �essor in good, clean and sanitary condition, reasonable wear and tear excepted. Lessee shali allow Lessor ta rnspec# the Premises to verify the condition of the Premises and its cor�tenfs. 37. LICENSE, APPPURTENANT RIGMTS, PUBLIC RiGHT QF WAY 37.1 �essor �s the owner af the pubiic right of way surrounding �he Premises described herein. Lessee, through a separate license agreement granted by the �essor, has o�tained the �ermissio� af Lessor to perform certair� acts upon ar�d within the public right of way. �essor, as Licensor, has granted ta Lessee, as �icensee, a license for the use o�a portion o�the public right of way surrounding the Premises �"License Area"} for the purpase af wafk-up business, p�ck ups and deiiveries, and outdoor seating consisting of tables and chairs. The l�cense is personal to the Licensee, non-assignable, and terminable and �evocable at the wi[f of the Licensor. The areas governed by the Iicense are no# a �art of the Premises defined by the [ease. The �icensee does no# ho�d any estate or interest in the proper�y o� fihe City in the publi� right of way by virtue of this license, The City may formufate rufes, conditions of license, regulations and a p�rmi� process for the use of the public property and righ# 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 ficenses as may be required. These areas may be governed by this lease to the exten# it is not in conflict with City rules, regulations, and permit requirements as they now or hereafter exist. Lessor shall at all times retain exclusi�e ffnal authority over the public right of way including the �icense Area. Lessor shall have the right to perForm any and all acts of constructian and maintenance in the pubiic right of way, including the License Area, as fufly and complete(y as if the license for the use of the License A.rea did not exis�. Lessor will not be liable fio the Lessee by reaso� of any inj�r�r to or interference wifih Lessee`s business or proper�y €or any inconvenience or damages caused thereby. ATTYfAGR120Q9.Q24 lnit9als Page 24 06'(6d9