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00 r 5.6. Trash Removal. Commencing on the Delivery Date, Tenant shall: (a) promptly pay all charges
<br />related to the storage and removal of trash, garbage, rubbish and refuses from the Premises beginning as of the
<br />Delivery Date (which storage and removal costs shall be separately billed for the Premises or estimated as to
<br />Tenant's portion) (the "Disposal Charges "); and (b) deliver to Landlord, upon demand, receipts or other satisfactory
<br />evidence of payment of the Disposal Charges or if paid by Landlord such charges shall be paid by Tenant to
<br />Landlord as Additional Rent.
<br />ARTICLE VI..,
<br />ALTERATIONS AND MAINTENANCE OF AND REPAIRS TO THE PREMISES
<br />6.1. Landlord Repairs. Landlord shall, at its expense: (a) keep the foundations and roof of the
<br />Premises in good order, repair and condition, (b) maintain the exterior walls of the Premises in a structurally sound
<br />condition, and (c) replace any heating, ventilating, and cooling equipment and systems serving the Premises as of
<br />the Delivery Date (the "HVAC Systems") unable to be repaired; provided however that to the extent there is damage
<br />caused by any act or omission of Tenant or its employees, agents, contractors, invitees, or licensees, the Tenant shall
<br />be solely responsible for said damage. Except as provided in this Section 6. 1, Tenant receives the Premises "as is"
<br />and Landlord shall not be obligated- to make repairs, replacements or improvements of any kind to or for the
<br />Premises, or any equipment contained therein, all of which such repairs, replacements, or improvements shall be the
<br />responsibility of Tenant.
<br />6.2. Tenant Repairs. Except for repairs to be performed by Landlord pursuant to Section 6. 1, Tenant
<br />shall: (a) keep the Premises clean, neat, and safe, and in good order, repair and condition, including, without
<br />limitation, that Tenant shall make all maintenance, repairs, alterations, additions, or replacements to the Premises as
<br />may be required by any Law, or by fire underwriters or underwriters' fire prevention engineers; (b) keep all glass in
<br />windows, doors, fixtures, skylights, and other locations clean and in good order, repair, and condition, and replace
<br />glass that may be damaged or broken with glass of the same quality; (c) paint and decorate the Premises as
<br />necessary or appropriate to comply with the terms and conditions of this Section 6.2; and (d) keep clean and neat,
<br />and in good order and condition all Common Areas, to the extent such areas are used by the Tenant. Tenant shall
<br />enter into a maintenance contract with a reputable company approved by Landlord (the "Maintenance Contract "),
<br />pursuant to which Maintenance Contract such company shall institute a regularly scheduled program of preventive
<br />maintenance and repair of the HVAC Systems that: (i) complies with the requirements of the applicable
<br />manufacturers', suppliers', and contractors' warranties; and (ii) keeps and maintains such items in good order,
<br />condition, and repair at all times; provided that: (y) the Maintenance Contract shall require regular reports to be
<br />given to Tenant detailing the preventive and other maintenance and repair performed with respect to the HVAC
<br />Systems (the "Maintenance Reports "); and (z) Tenant promptly shall forward copies of all Maintenance Reports to
<br />Landlord.
<br />63. Tenant Alterations.
<br />(a) Alterations. Tenant, at its sole cost and expense, may install in the Premises such improvements
<br />and equipment as Tenant reasonably determines to be necessary or appropriate to conduct its business. Tenant, at its
<br />cost and expense, also may make non- structural alterations or improvements to the interior of the Premises if. (i)
<br />Tenant delivers to Landlord written notice describing the proposed alteration or improvement with particularity, and
<br />provides to Landlord copies of any plans and specifications for the alteration or improvement and (ii) on the
<br />Termination Date, Tenant surrenders the part of the Premises altered or improved in as good a condition as on the
<br />date that Tenant accepts the Premises. Tenant shall not, without the prior written consent of Landlord, make any:
<br />(1) alterations, improvements, or additions of or to the exterior of the Premises; or (2) except as described above,
<br />structural or other alterations, improvements, or additions of or to any part of the Premises. All alterations,
<br />improvements, or additions to the Premises, exclusive of moveable equipment, shall become the sole property of
<br />Landlord on the Termination Date.
<br />(b) Permits. Before making any alterations, improvements, or additions, Tenant shall: (i) obtain all
<br />permits, licenses, and approvals necessary for the completion of the improvements, alterations, or additions; and (ii)
<br />0 deliver to Landlord: (A) copies of such permits, licenses, and approvals; and (B) evidence reasonably satisfactory to
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<br />F•tDAT,4LSH,4RElLegall WpdatalSEPiEconomie DevetopmentWillie'sLState Cafe Oate Cafe Lease (version 5).doc
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