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Lessor all records and documentation as required to be provided pursuant to the terms of this <br />Lease so as to permit Lessor's auditor to accurately establish Lessee's Gross Sales for the period <br />in question, then Lessee shall be permitted a credit with respect to any amount of additional rent <br />collected by Lessor from Lessee puusuant to this paragraph, with such credit to be applied first <br />against the installment of percentage rent due from Lessee for the period in question, with any <br />remaining credit to be applied against the next installment of Percentage Rent payable by Lessee. <br />Neither the provisions of this Section nor any other provisions in this Lease shall restrict <br />Lessor's rights to discovery in any litigation or arbitration proceeding. <br />6. Maintenance and Reuairs. <br />6.1 Lessee's Obligations. Lessee shall, at its sole cost and expense, maintain in good <br />repair, order, and serviceable condition the Leased Premises and every part thereof, including, <br />without limitation, all plumbing, ventilation, heating, air conditioning, and electrical systems and <br />equipment in, on, or exclusively serving, the Leased Premises, and all windows, doors, plate <br />glass, interior walls, and ceilings which are part of the Leased Premises, and nearby exterior <br />walkways utilized by patrons of the Leased Premises, <br />6.2 Lessor's Obligations. Lessor have the obligation to repair and maintain the <br />foundation, exterior walls, roof and utilities beyond connection to the restaurant facility an the <br />Leased Premises, including structural or nonstructural, ordinary or extraordinary. <br />6.3 Parties' Rights, If either party refiises or neglects to make repairs or maintain the <br />Leased Premises, or any part thereof, in a manner reasonably satisfactory to the other, without <br />prejudice to any other remedy, upon giving ten (10) days prior written notice, such party shall <br />have the right to perform such maintenance or make such repairs on behalf of and for the account <br />of the other. In the event a party so elects, the other shall pay the cost of such repairs, <br />maintenance, or replacements within five (S) days following receipts of a bill therefor. Lessee <br />agrees to permit Lessor or its agent to enter the Premises, upon reasonable notice by Lessor, <br />during normal business hours for the purpose of inspecting the Premises. <br />6.4 Americans with Disabilities Act (ADA) <br />(a) Lessor's Warranty. Lessor warrants and represents that to Lessor's <br />knowledge the Leased Premises are in compliance with the requirements of Title III of the <br />Americans with Disabilities Act of 1990, as amended (the "ADA") and the regulations and <br />accessibility guidelines of the ADA and any similar state or local laws, collectively called the <br />"ADA Laws". <br />(b) Lessee's Warranty. Lessee agrees that it shall conduct its occupancy and <br />use of the Leased Premises in accordance with the ADA Laws (including, but not limited to, <br />modifying its policies, practices, and procedures, and providing auxiliary aids and services to <br />disabled persons). <br />(c) Parties' Indemnity. Lessor and Lessee agree to indemnify and hold <br />harmless the other from any claims or causes of action resulting from their failure to comply with <br />their respective obligations in paragraph 6.4. <br />535 <br />