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(b) Any and all awnings existing on the Shop on the Effective Date or thereafter proposed
<br />to be altered or added to the Shop will be of consistent and uniform color, materials, size, shape,
<br />and installation and comply with applicable laws, ordinances, and regulations.
<br />(c) Any and all signage existing on the Shop on the Effective Date or thereafter proposed
<br />to be altered or added to the Shop will comply with applicable laws, ordinances, and regulations.
<br />(d) Any and all exterior fixtures, including without limitation lighting, speakers, and
<br />telecommunications equipment, existing on the Shop on the Effective Date or thereafter proposed
<br />to be altered or added to the Shop will comply with applicable laws, ordinances, and regulations.
<br />(e) For those windows, doors, awnings, signage, and exterior fixtures referenced in
<br />Sections 4(a)—(d), existing on the Effective Date or thereafter proposed to be maintained, altered
<br />or added, the City hereby irrevocably grants, conveys, and transfers to the Company, and the
<br />Company's successors and assigns, a perpetual, exclusive easement on and over the Parking
<br />Garage Fagade.
<br />(f) In addition to its maintenance obligations under Section 3, the Company, at its sole
<br />cost, will maintain in good order and repair all permitted windows, doors, signage, awnings, and
<br />other fixtures attached to or made a part of the Shop's Fagade.
<br />5) Structural Integrity. The Parties acknowledge that there exist certain elements,
<br />including but not limited to support columns, walls, and ramps, located within and around the Shop
<br />that are required for the structural integrity of the Parking Garage ("Support Elements"). The
<br />Company shall not make any alterations for any purpose with regard to such Support Elements
<br />without the prior review and approval of the City of South Bend Engineering Department, which
<br />approval may be granted or denied in its sole and absolute discretion.
<br />6) Garage Maintenance,• Access. The Parties mutually acknowledge and agree that
<br />general maintenance of the Parking Garage will be the City's sole responsibility, and the City will,
<br />at all times, maintain in good order and repair all elements of the Parking Garage. The City's
<br />maintenance obligations include replacement, repair, reconstruction, and any other activities that
<br />are necessary to preserve and maintain the Parking Garage in substantially the same structural
<br />condition existing upon the Effective Date of this Agreement, with reasonable wear and tear (as
<br />may be expected with public outdoor structures) excepted. The Company will permit the City and
<br />its agents and contractors to enter the Shop to the extent necessary to maintain the Parking Garage
<br />as required by this Section 6, provided that the City (a) uses reasonable care to not interfere
<br />materially with the Company's use and enj oyment of the Shop and (b) provides the Company with
<br />reasonable notice before entering the Shop, unless an emergency requires immediate action
<br />without such notice, In the event that the Parking Garage becomes damaged and such damage
<br />interferes with Company's or Company's tenants' use and enjoyment of the Shop, Company shall
<br />provide written notice of such interference and the City shall have 30 days to repair such damage.
<br />If the City fails to repair such damage, Company may cause repairs to be performed at its expense,
<br />and the City shall fully reimburse Company for all costs and expenses, including any sufficiently
<br />documented lost rental income.
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