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EXECUTION COPY
<br />LESSOR or to an employee of LESSOR shall not operate as a termination of this Lease or a surrender
<br />of the Leased Premises except upon written notice by LESSOR.
<br />LESSEE shall: (i) keep the Leased Premises and fixtures including (without limitation) inside
<br />plumbing in good and operating order; (ii) make all repairs and replacements to the Leased Premises or
<br />Property relating to or arising from the misuse or negligence of LESSEE, its agents, employees, invitees,
<br />contractors, or visitors; (iii) repair and replace special equipment or decorative treatments installed by
<br />or at LESSEE's request and that serve the Leased Premises only, except if this Lease is terminated due
<br />to casualty loss or condemnation; (iv) not commit waste; and (v) conduct its business and control its
<br />agents, employees, invitees, contractors, and visitors in such a manner as to not use, keep, or permit to
<br />be used or kept, any noxious gas or substance or to do anything or create any noise or cause any vibration
<br />whatsoever which, in the opinion of LESSOR, is objectionable or offensive to persons on the Property,
<br />and thereby create any nuisance, public or private, or interfere with, annoy or disturb LESSOR in its
<br />operation of the Property. Except for LESSEE's Work, as provided in Section 11. LESSEE shall not
<br />make any structural or interior alterations of the Leased Premises without LESSOR's prior written
<br />consent.
<br />In the event that the exclusive right to use an Outdoor Area is granted under Section 1.3,
<br />LESSEE's maintenance obligations under this Section shall expressly include the Outdoor Area, and as
<br />an express condition of the use of the Outdoor Area, LESSEE shall, at its sole cost and- expense, be
<br />responsible to keep the Outdoor Area (including any improvements) clean and well maintained
<br />sufficient to maintain an ADA compliant pedestrian corridor. In the event that LESSEE fails to keep the
<br />Outdoor Area clean and well maintained, LESSOR shall notify LESSEE of such non-compliance and if
<br />the Outdoor Area is not brought into compliance with this section within three (3) business days of such
<br />notice, LESSOR may, in its sole discretion, either: (i)perform the necessary maintenance and charge
<br />LESSEE for such work; or (ii) revoke LESSEE's exclusive right to use the Outdoor Area.
<br />10. LESSOR'S WORK. No later than February 1, 2026, LESSOR shall deliver the Leased
<br />Premises to LESSEE with certain improvements, as more particularly set forth in Composite Exhibit B,
<br />including but not limited to, a grease trap, an exhaust shaft, utilities stubbed for gas, plumbing, fire, and
<br />electric, and the HVAC Unit (as more particularly set forth in Section 12), for use, distribution, and
<br />operation by LESSEE in the Leased Premises, and LESSOR shall pay for any impact fees in connection
<br />therewith. All work by LESSOR shall be done in strict conformity with all applicable building and
<br />zoning codes and regulations or standards promulgated by any governmental agency having subject
<br />matter jurisdiction.
<br />If LESSOR fails to complete LESSOR's Work on or before February 1, 2026, such shall
<br />constitute a default by LESSOR, and LESSEE shall have the right, but not the obligation, to terminate
<br />this Lease by giving LESSOR written notice of termination within ten (10) days from the date of default.
<br />11. LESSEE'S WORK. Upon completion of Lessor's Work, as set forth in Section 10, and
<br />upon delivery of the Leased Premises to LESSEE, LESSEE shall promptly commence the improvements
<br />to the Leased Premises in accordance with the plans and specifications submitted to and approved by
<br />LESSOR within sixty (60) days of the Effective Date, to include all work necessary to conduct the
<br />Permitted Use, as set forth herein (the "LESSEE Work"). Within thirty (30) days of LESSOR's approval
<br />of the plans and specifications, LESSEE (at its sole cost and expense) shall apply for any permits
<br />required to complete the LESSEE Work. LESSEE shall perform the LESSEE Work at its sole cost and
<br />expense and shall be responsible for obtaining all necessary architectural and building plans, and state
<br />LEASE AGREEMENT - CREMA DOWNTOWN CORP. Page 11 of 36
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