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<br />Premises by the Lessee prior to the expiration of the Lease Term hereof, and <br />such acceptance by the Lessor of the surrender by the Lessee shall only flow <br />from and must be evidenced by a written acknowledgment of acceptance of <br />surrender signed by the Lessor. <br /> <br />35. COVENANTS AND CONDITIONS <br />35.1 All covenants made by Lessee hereby are conditions of this Agreement; <br />therefore, in the event of any default by Lessee in fulfilling any of the same, <br />Lessor may at any time thereafter at its option declare a forfeiture of this <br />Agreement. Lessor shall not be obligated to perform any covenant made by him <br />under this Agreement which accrues after the date of any default by Lessee <br />hereunder. <br /> <br />36. VACATING <br />36.1 Upon termination of the Lease, Lessee shall completely vacate the Premises, <br />including the removal of any and all of its property. Before departure, Lessee <br />shall return keys and personal property listed on the Inventory of Improvements <br />to Lessor in good, clean and sanitary condition, reasonable wear and tear <br />excepted. Lessee shall allow Lessor to inspect the Premises to verify the <br />condition of the Premises and its contents. <br /> <br />37. LICENSE, APPPURTENANT RIGHTS, PUBLIC RIGHT OF WAY <br />37.1 Lessor is the owner of the public right of way surrounding 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 and <br />within the public right of way. Lessor, as Licensor, has granted to Lessee, as <br />Licensee, a license for the use of a portion of the public right of way surrounding <br />the Premises ("License Area") for the purpose of walk-up business, pick ups and <br />deliveries, and outdoor seating consisting of tables and chairs. The license is <br />personal to the Licensee, non-assignable, and terminable and revocable at the <br />will of the Licensor. <br /> <br />The areas governed by the license are not a part of the Premises defined by the <br />lease. The Licensee does not hold any estate or interest in the property of the <br />City in the public right of way by virtue of this license. The City may formulate <br />rules, conditions of license, regulations and a permit process for the use of the <br />public property and right of way area surrounding and in close proximity to the <br />Premises, and the uses of other areas in the public right way of the City. The <br />areas surrounding the Premises may be governed thereby and the Lessee <br />agrees to be bound by these rules and regulations and obtain such permits or <br />licenses as may be required. These areas may be governed by this lease to the <br />extent it is not in conflict with City rules, regulations, and permit requirements as <br />they now or hereafter exist. <br /> <br />Lessor shall at all times retain exclusive final authority over the public right of way <br />including the License Area. Lessor shall have the right to perform any and all <br />acts of construction and maintenance in the public right of way, including the <br />License Area, as fully and completely as if the license for the use of the License <br />Area did not exist. Lessor will not be liable to the Lessee by reason of any injury <br />to or interference with Lessee's business or property for any inconvenience or <br />damages caused thereby. <br /> <br />ATTY/AGR/2009.024 <br />061609 <br /> <br />~itialS <br /> <br />Page 24 <br />