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a 7.4. Operation by Tenant. Tenant covenants and agrees that it: will not place or maintain any
<br />merchandise or vending machines outside the building on the Premises; will store garbage, trash, rubbish and other
<br />refuse in the dumpster in the west alley or in rat -proof and insect -proof containers with adequate screening to hide
<br />such garbage, trash, rubbish and refuse from view on the Premises and the Building, and will remove the same
<br />frequently and regularly, all at Tenant's cost; will not permit any sound system to be audible or objectionable
<br />advertising medium to be visible outside the Premises; will not commit or permit waste or a nuisance upon the
<br />Premises; will not permit or cause objectionable odors to emanate or be dispelled from the Premises; will not
<br />distribute advertising matter to, in or upon any portion of the Building; will not permit the loading or unloading or
<br />the parking or standing of delivery vehicles outside any area designated therefor, nor permit any use of vehicles
<br />which will interfere with the use of any portion of the Building; will not use any portion of the Building for
<br />promotional activities, to include without limitation rides, carnival type shows, outdoor shows, automobile or other
<br />entertainment or product shows not apparently compatible with the operation of the Tenant's business as described
<br />in Section 1.1 {c) as determined in the Landlord's sole discretion; will comply with all Laws, recommendations,
<br />ordinances, rules and regulations of governmental, public, private and other authorities and agencies, including those
<br />with authority over insurance rates, with respect to the use or occupancy of the Premises, and including, but not
<br />limited to, the Occupational Safety and Health Act ( "OSHA ") and the Americans With Disabilities Act ( "ADA "), as
<br />the same may be amended from time to time. 'Tenant covenants and agrees that it will not serve liquor or any other
<br />alcoholic beverages in or from the Premises unless Tenant first obtains the written consent of Landlord, which may
<br />be granted or withheld in Landlord's sole and absolute discretion.
<br />7.5. Storage. Tenant shall store in the building on the Premises only merchandise and products which
<br />Tenant intends to sell at, in, or from the Premises within a reasonable time after receipt thereof.
<br />7.6. Sales and Use. Tenant shall not permit, allow, or cause to be conducted in the Premises: (a) a
<br />public or private auction; or (b) a sale that would indicate to the public that Tenant (i) is bankrupt, (ii) is going out of
<br />business, or (iii) has lost or is preparing to terminate its possession of the Premises. The Premises shall not be used
<br />except in a manner consistent with the general high standards of the neighborhood, zmd shall not be used in a
<br />disreputable or immoral manner or in violation of federal, state or local Laws or ordinances. Tenant shall not
<br />operate the Premises either in whole or in part as a clearance, outlet, off -price, or discount store, provided that
<br />nothing in this Section 7.6 is intended to affect Tenant's pricing policies.
<br />7.7. Emissions and Hazardous Materials.
<br />(a) Emissions. Tenant shall not, without the prior written consent of Landlord:
<br />i. make, or permit to be made, any use of the Premises or any portion thereof which emits, or
<br />permits the emission of, an unreasonable amount of dust, sweepings, dirt, cinders, fumes or odors into the
<br />atmosphere, the ground or any body of water, whether natural or artificial (including without limitation rivers,
<br />streams, lakes, ponds, darns, canals, sanitary or storm sewers, or flood control channels), which is in violation of any
<br />Laws;
<br />ii. create, or permit to be created, any sound level which will interfere with the quiet enjoyment of
<br />any real property by any tenant or occupant of the Building, or which will create a nuisance or violate any Laws;
<br />iii. transmit, receive, or permit to be transmitted or received, any electromagnetic, microwave or other
<br />radiation which is harmful or hazardous to any person or property in, on or about the Premises or the Building, or
<br />which interferes with the operation of any electrical, electronic, telephonic or other equipment wherever located,
<br />whether on the Premises or the Building;
<br />iv. create, or permit to be created, any ground vibration that is discernible outside the Premises; or
<br />V. produce, or permit to be produced, any intense glare, light or heat except within an enclosed or
<br />screened area and then only in such manner that the glare, light or heat shall not be discernible outside the Premises.
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<br />F.- iDElrAWHARElLegatlWpdatatSEPEconomie DevelopmentWillie'slState Cafe Wtate Cafe Lease (version 5).doc
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