Agmt09 Hidden Dragon Tea House-HD Food Service Inc. - Lease Agreement

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restroom maintenance and upkeep, sanitary systems, storm drainage systems, police or security services, exterior common area trash and debris removal, exterior common area cleaning, water and sewer services for the area outside the Lessee's assigned lease and license areas, unless such maintenance and repair are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee, its agents, officers, employees, contractors, servants, invitees or guests, in which case Lessee shall pay to Lessor the reasonable costs for such maintenance or repairs. 7. PREMISES AREA MAINTENANCE COSTS, REPAIR AND UTiliTIES 7.1 Maintenance. Lessee shall at all times during the lease term, at Lessee's sole expense maintain the Lease Area in clean and safe condition for the use contemplated in this Agreement, including daily sweeping, trash / litter pick up, business signs maintenance and repair, exterior windows cleaning, and interior lighting cleaning, repair, and replacement. 7.2 Fire Extinouisher. Lessee, at his/her own expense will provide, maintain and repair fire extinguisher(s) for Lessee's Premises. 7.3 Utilitv Charoes. Lessee agrees to pay for all connections and charges and/or assessments for water, sewer, and electricity associated with the operation of the Lease Area. Lessor, with 24-hours notice to the Lessee, shall enter Lessee's premises quarterly to read the water and sewer meter. The electricity charge will be based on actual usage by the Lessee. The telephone /Internet, cable hookup shall be arranged directly with the communications company. 7.4 Interruption. Lessor shall not be liable for any failure or interruption of any utility service being furnished to the Lease Area, and no such failure or interruption shall entitle Lessee to terminate this Lease. 7.5 Trash and Recvclino. Lessee is solely responsible for removing its waste and recycling generated as a result of its business operations. The waste and recycling area shall be designated by the Lessor. 8. FOOD SERVICES 8.1 Use of Lease Area. Lessee is an independent contractor under the business name Hidden Dragon Tea House for the operation of selling of tapioca drinks, Asian teas, soft drinks, slush, beer and wine, and prepared Asian food and for no other purpose and under no other business name without written approval by the Lessor. (a) Coffee and espresso products, smoothies, and breakfast sandwiches sales and distribution are limited to no more than ten percent of monthly gross sales. (b) Any significant menu change shall be approved by Lessor. Lessor shall not unreasonably withhold approval of requested changes except when the proposed menu change will infringe, unfairly compete with, or duplicate the menu offerings and/or sales of another Courthouse Square Pavilion Lessee. ATTY/AGR/2009.024 061609 GQpnitialS Page 6