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SECTION 4.4. PAST DUE RENT. If Tenant shall fail to pay,when the same is due and payable, any Rent or CAM,such unpaid amounts shall bear interest if not paid in full within ten (10)days from the due date thereof at the rate of eighteen percent(18%)per annum. ARTICLE V-USE OF BUILDING SECTION 5.1. USE.Tenant shall operate the Premises for purposes of a restaurant operation under such assumed name as Tenant determines appropriate subject to Landlord's advance written approval, and other ancillary purposes associated therewith. Tenant may,subject to approval and limitation by the 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. Landlord further warrants that it shall not change nor alter the common areas in any manner or adversely affect the use,operation or conduct of Tenant's business being conducted in the Premises,or adversely affect the accessibility or visibility of the Premises. SECTION 5.2. CARE OF BUILDING. (a) Tenant shall not perform any acts or carry on any practices which may injure the Building or be a nuisance or menace to other tenants in the Building, and shall keep the Premises free and clean from rubbish and trash at all times,shall provide routine maintenance and janitorial services for the Premises and shall store all trash and garbage within the Premises at locations designated by Landlord and at no other location,and shall arrange for regular pick-up of such trash and garbage. Tenant shall not burn any trash or garbage of any kind within the Building or on public spaces adjoining the Building. Landlord will provide facilities for pick-up of trash or garbage and Tenant shall be obligated to use the same and shall pay a proportionate share of the cost. (b) Except for structural changes outside the Premises which shall be Landlord's responsibility,Tenant shall comply with and obey all applicable laws, regulations and orders of any governmental authority or agency and all reasonable directions of Landlord, including such building rules and regulations as may be adopted from time to time by Landlord,as changed or modified from time to time by Landlord on reasonable notice to Tenant,all of which shall be deemed part of this Lease. Tenant shall not do or permit anything to be done in and about the Building or Premises which will obstruct or interfere with the rights of other tenants or occupants of the Building or injure or annoy them or which will increase the rate of fire insurance on the Building. Landlord shall not be responsible to Tenant for the failure of any other tenant or occupant of the Building to comply with any of the rules and regulations adopted by Landlord,but shall take reasonable measures to assure such tenant's compliance. In the event any portion of the Premises is determined to be in violation of any building code, health law or ordinance or other law, local ordinance or rule during the term of this Lease,Tenant shall be solely responsible to bring the Premises into compliance with such ordinance,rule or law at Tenant's expense. In the event Tenant is prevented from using the Premises until such violations of code,ordinance or law are corrected,these circumstances shall not impair,terminate or have any other effect on this Lease and Tenant's obligations to pay Rent or CAM, both of which Tenant shall continue to pay notwithstanding these events. SECTION 5.3. HEAT PUMP MAINTENANCE. Tenant shall be responsible for maintaining in good repair and operation all heat pumps located within the Premises. Tenant shall obtain a service contact for maintaining the heat pumps from a reputable firm or company licensed to perform such work that is acceptable to Landlord. Landlord may not unduly withhold approval of such contract. SECTION 5.4. RIGHTS RESERVED TO LANDLORD. Landlord shall have the following rights exercisable upon reasonable prior notice,but without liability to Tenant for damage or injury to property,person or business(all claims or damage being hereby released), and without effecting a constructive eviction or disturbance of Tenant's use or possession or giving rise to any claim for offsets or abatement of rent: (a) To change the name or street address of the Building; (b) To install and maintain signs on the exterior and interior of the Building which signs will not affect the access to or visibility of the Premises or Tenant's signs; (c) To designate and/or approve, prior to installation, all types of window coverings, awnings, covered entrances and signs and lettering on windows and building exteriors and elsewhere visible from the sidewalk on the Building,and to control all internal lighting that may be visible from outside the Building. Tenant shall comply with all city restrictions concerning sign specifications for all exterior signs and window and door graphics and Landlord shall approve any and all signs and window and door graphics in advance. -3-