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designee as contained in Section 1.1 of this Lease. Lessee shall obtain permission from the City
<br />Manager or designee before selling the aforementioned items in other areas of Gateway Park or
<br />for requesting a permit to use Gateway Park for any other purpose. Lessor warrants that as of the
<br />Effective Date of this Lease Agreement it has the full authority to grant to the Lessee the right to
<br />sell food, beverage, and liquor within the Leased'Premises and that there is no prohibition from
<br />doing so seven (7) days a week during Hours of Operation as defined in Exhibit "C". The
<br />Lessee shall be provided with the opportunity to operate the concession that is part of the Leased
<br />Premises for Gateway Park during the term of this Lease, unless Lessee is in default
<br />("Concession"). The right to operate the Concession shall be granted in one (1) year increments
<br />commencing the date the restaurant opens for business. The Lessor reserves the absolute right to
<br />take over the operation of the Concession at the end of any one year increment provided the
<br />Lessor notifies the Lessee at least thirty (30) days prior to the expiration of any one year
<br />increment, even if no default by Lessee occurs under this Lease. If the Lessor has not taken over
<br />the operation of the Concession as indicated herein, the Lessee's right to operate the Concession
<br />shall automatically renew each year for the term of this Lease. Notwithstanding any provision in
<br />this Lease Agreement, the City has the authority to permit other vendors to sell food, beverages
<br />or other items within Gateway Park outside of the Leased Premises.
<br />9. ComRliance with Laws. Lessee shall promptly comply with all laws, orders, and
<br />regulations of all county, municipal, state, federal, and other applicable governmental authorities,
<br />including environmental laws, and all recorded covenants and restrictions affecting the Leased
<br />Premises, now in force, or that may hereafter be in force, pertaining to Lessee or its use of the
<br />Leased Premises. Lessee shall not engage in or commit any discriminatory practice in violation
<br />of applicable laws, statutes, ordinances, and rules regulations. K as a result of Lessee's use of
<br />the Leased Premises or the maldng of any alterations by Lessee, any additions, alterations, or
<br />improvements shall be, required to be made by Lessee to any part of the Lease Premises to
<br />comply with any requirements of the Americans with Disabilities Act of 1990, as amended, the
<br />Florida Americans with Disabilities Accessibility Implementation Act and/or any other related
<br />state or local laws, Lessee shall, at Lessor's option, promptly melte all such required additions,
<br />alterations, or improvements at Lessee's sole cost and expense or shall reimburse Lessor on
<br />demand for the costs incurred by Lessor in doing so.
<br />10. Hazardous Substances. Lessee shall not cause or permit any Hazardous Substance (as
<br />defined below) to be used, stored, generated or disposed of on or in the Premises or the Leased
<br />Premises, by Lessee, Lessee's agents, employees, contractors or invitees without first obtaining
<br />Lessor's written consent, except, with the prior written consent of Lessor, for small quantities of
<br />Hazardous Substances customarily used in connection with general office uses. If any
<br />Hazardous Substances are used, stored., generated or disposed of on or in the Premises or the
<br />Leased Premises, or if the Premises or Leased Premises, become contaminated in any manner by
<br />Lessee or its employees, agents, guests or invitees or otherwise become affected by any release
<br />or discharge of a Hazardous Substance caused in whole or in part by Lessee or its employees,
<br />agents, guests or invitees, Lessee shall immediately notify Lessor of the release or discharge of a
<br />Hazardous Substance and Lessee shall indemnify, defend and hold harmless Lessor from and
<br />against any and all claims, damages, fines, judgments, penalties, costs liabilities, or losses
<br />(including without limitation, a decrease in value of the Premises or the Leased Premises,
<br />damages caused by loss or restriction of rentable or usable space, or any damages caused by
<br />adverse impact on marketing of the space, and any and all sums paid for settlement of claims,
<br />537
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