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<br />the Lessee's assigned lease and license areas, unless such maintenance and <br />repair are caused in part or in whole by the act, neglect, fault or omission of any <br />duty by Lessee, its agents, officers, employees, contractors, servants, invitees or <br />guests, in which case Lessee shall pay to Lessor the reasonable costs for such <br />maintenance or repairs. <br /> <br />7. PREMISES AREA MAINTENANCE COSTS, REPAIR AND UTiliTIES <br />7.1 Maintenance. Lessee shall at all times during the lease term, at Lessee's sole <br />expense maintain the Lease Area in clean and safe condition for the use <br />contemplated in this Agreement, including daily sweeping, trash / litter pick up, <br />business signs maintenance and repair, exterior windows cleaning, and interior <br />lighting cleaning, repair, and replacement. <br /> <br />7.2 Fire Extinauisher. Lessee, at his/her own expense will provide, maintain and <br />repair fire extinguisher(s) for Lessee's Premises. <br /> <br />7.3 Utilitv Charaes. Lessee agrees to pay for all connections and charges and/or <br />assessments for water, sewer, and electricity associated with the operation of the <br />Lease Area. Lessor, with 24-hours notice to the Lessee, shall enter Lessee's <br />premises quarterly to read the water and sewer meter. The electricity charge will <br />be based on actual usage by the Lessee. The telephone /Internet, cable hookup <br />shall be arranged directly with the communications company. <br /> <br />7.4 Interruption. Lessor shall not be liable for any failure or interruption of any utility <br />service being furnished to the Lease Area, and no such failure or interruption <br />shall entitle Lessee to terminate this Lease. <br /> <br />7.5 Trash and Recvclina. Lessee is solely responsible for removing its waste and <br />recycling generated as a result of its business operations. The waste and <br />recycling area are located near Middlefield Road, behind the San Mateo County <br />Historical Museum. <br /> <br />8. FOOD SERVICES <br />8.1 Use of Lease Area. Lessee is an independent contractor under the business <br />name Froyola Yogurt, LLC for the operation of selling frozen yogurt and for no <br />other purpose and under no other business name without written approval by the <br />Lessor. <br /> <br />(a) Coffee and espresso products, smoothies, breakfast sandwiches, Asian food, <br />Asian tea, slush, and tapioca drink sales and distribution are not allowed. <br /> <br />(b) Any significant menu change shall be approved by Lessor. Lessor shall not <br />unreasonably withhold approval of requested changes except when the <br />proposed menu change will infringe, unfairly compete with, or duplicate the <br />menu offerings and/or sales of another Courthouse Square Pavilion Lessee. <br /> <br />ATTY/AGR/2009.081 <br />020110 <br /> <br />'(5 Initials <br /> <br />Page 6 <br />