5A4 Lease Agreement MainWayne Parking Garage (SB Bike Garage) - Fully Executed

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lien against the Premises or the Building. Tenant shall further not enter into any contract or agreement that provides explicitly or implicitly that a lien may be attached against the Premises, the Building or any improvements. If any mechanic's or other lien is filed against the Premises, the Building, or any part thereof for work claimed to have been done for Tenant, or materials claimed to have been furnished to Tenant, then Tenant shall: (i) cause such lien to be discharged of record within twenty (20) days after notice of the filing by bonding or as provided or required by law; or (ii) provide evidence satisfactory to Landlord that the lien is being contested by proceedings adequate to prevent foreclosure of the lien, together with indemnity satisfactory to Landlord (in an amount equal to at least one hundred fifty percent (150%) of the claimed lien) to Landlord within thirty (30) days after notice of the filing thereof. All liens suffered or caused by Tenant shall attach to Tenant's interest only. Nothing in this Lease shall be deemed or construed to: (1) constitute consent to, or request of, any Party for the performance of any work for, or the furnishing of any materials to, Tenant; or (2) give Tenant the right or authority to contract for, authorize, or permit the performance of, any work or the furnishing of any materials that would permit the attaching of a mechanic's lien to the Premises or the Building or Landlord's interest therein. 6.2 Landlord & Tenant Shared Cost Capital Improvement Project. Both Parties agree that one unisex ADA compliant restroom (the “Capital Improvement Project”) must be constructed inside the Premises in order for the Tenant to be able to hire additional staff for its operations. Landlord and Tenant further agree that the cost of the installation of the Capital Improvement Project shall be shared between both Parties, provided that the total cost and percentage of cost shared by each Party is agreed upon in writing in advance. Should the Parties not come to an agreement on the total cost and percentage of cost shared by each Party to construct the Capital Improvement Project, it will not be completed. ARTICLE VII USE 7.1 Use of the Premises. Tenant shall operate the Premises for purposes of a retail operation open to the general public under such assumed name as Tenant determines appropriate, subject to Landlord's advance written approval, and for other associated ancillary operation purposes. Tenant may, subject to requirements of the Americans with Disabilities Act (ADA) and approval and limitation by the City of South Bend Board of Public Works, be permitted to use an outdoor seating area.. The Premises may not be used for any other purpose without the prior written approval of the Landlord. Tenant shall not permit, allow, or cause to be conducted in the Premises: (a) a public or private auction; or (b) a sale that would indicate to the public that Tenant: (i) is bankrupt, (ii) is going out of business, or (iii) has lost or is preparing to terminate its possession of the Premises. The Premises shall not be used except in a manner consistent with the general high standards of the neighborhood and shall not be used in a disreputable or immoral manner or in violation of federal, state or local laws or ordinances. 7.2 Compliance with Law. Tenant shall comply with all federal, state and local laws and ordinances, lawful orders, and regulations in effect affecting the Premises, and the health, cleanliness, safety, construction, occupancy and use of same. Tenant shall fully comply with all federal, state and local laws and ordinances in effect prohibiting discrimination or segregation by