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<br />THIRTY-FIFTH: CONTINUOUS.OPERATION: The Lessee shall and must remain open for business
<br />yem round and shall not close excepting on holidays and after ordinary hours for business. For the purpose of this
<br />lease agreement, ordinary hours of business are 10:00 AM to 9:00 PM, EST. For the purpose of clarification, Lessee
<br />shall not go dark during the term of the lease or any extension thereof, In the event of closing, Lessor shall have the
<br />option to (a) terminate. the lease and recapture the leased premises and (b) possess all equipment and trade fixtures
<br />excluding the inventory of the store.
<br />THIRTY-SIXTH: LEASEHOLD IMPROVEMENTS: The Lessee shall at the expiration or other
<br />termination of this Lease Agreement remove all Lessee's goods and effects from the leased premises, (including
<br />without hereby limiting to the generality the foregoing, all signs and littering affixed or painted by the Lessee, either
<br />inside or outside the leased premises). Lessee's right to remove any personal property from the leased premises is
<br />conditioned upon Lessee's full and complete discharge of any and all obligations under this lease agreement. In the
<br />event ony obligations are due and owing to Lessor at the time Lessee seeks to vacate the premises, Lessee shall take
<br />no action to remove any of the personalty located on, in or attached to the leased premises, and Lessor shall be
<br />entitled to exercise any and all rights as either secured creditor or Lessor against such property in order to satisfy all
<br />such obligations. Lessee also agrees to repair any damage caused to the Leased Premises by the removal of Lessee's
<br />personal goods and effects. Anything attached to the property including anything attached to the ceilings, walls and
<br />floors (including any carpeting) will remain the property of the Lessor and shall not be removed from the premises by
<br />the Lessee.
<br />THIRTY-SEVENTH: RETURN OF PREMISES: Lessee shall deliver to the Lessor the Leased
<br />Premises, all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or
<br />upori the leased premises, in good condition, damage by fire or.o!her casualty only excepted. In the event of the
<br />Lessee's failure to remove any of Lessee's property from the premises, Lessor is hereby authorized without liability to
<br />Lessee for loss or damage thereto, and at the sole risk and cost of Lessee, to remove and store any of the property at
<br />Lessee's expense, or to retain same under Lessor's control or to sell at public or private sale, without notice, any or all
<br />of the property not so removed and to apply the net proceeds of such sale to the payment of any sum d,ue hereunder.
<br />Lessor, at its sole option, may require Lessee, at Lessee's sole cost and expense, to place the Leased Premises back .
<br />to the original condition as delivered to Lessee at the inception of this lease,
<br />, THIRTY-EIGHTH: MODIFI.CATION:. This lease contains the entire agreement between the partie~
<br />hereto and all prior negotiations, The terms of this lease may only be modified by a subsequent written agreement
<br />Signed and sealed by both Lessor and Lessee. The parties to this lease agree that the terms of this lease shall not be
<br />more strictly construed <lgainst Lessor, or more favorably for Lessee, notwithstanding Lessor's presentation of this
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<br />THIRTY-NINTH: NOTICE OF TERMINATION:, Lessee agrees to notify Lessor in writing by certified
<br />mail, return receipt requested, at least six (6) full calendar months prior to the expiration of the term of this lease of it:;
<br />intention to v<lcate the premises on the lease termination date. In the event that the. Lessee fails to give such notice,
<br />then and in th<lt event, at Lessor's option, this Lease shall be automaticaliy continued and extended pursuant to the
<br />terms contained in the base lease agreement. In the event the base lease agreement contains no option provisions,
<br />then the lease agreement will be extended automatically, at Lessor's sole option, for one full calendar year.
<br />FORTIETH: RULES AND REGULATIONS: .Lessor reserves the right to promulgate, and Lessee
<br />agrees to comply with the Rules and Regulations for the premises, shopping center and Common Areas including but
<br />nollimited to
<br />Lessee shall maintain, repair and replace whenever necessary, ttie air conditioning systems and or
<br />heating systems which service the leased premises.; at the end of the lease term, shall restore
<br />the system to good working condition, with clean filters and coils, less reasonable wear and tear.
<br />a) Lessee will be responsible for immediate -replacement of its plate glass windows should said
<br />windows become damaged or cracked.
<br />b) Lessee is expressly prohibited from placing, erecting, or maintaining any sign, lettering, or
<br />advertising devices on, in, or about the windows or doors of the leased premises.
<br />c) Lessee shall not conduct any auction, fire, bankruptcy, selling-out, or closing-out sale on or
<br />about the leased premises
<br />d) Lessee, its employees, or agents shali not mark, paint, drill or in any way deface any walls,
<br />ceilings, partitions, floors, or ironwork without Lessor's written consent.
<br />e) Lessee will not install any equipment which exceeds the capacity of the utility lines leading into
<br />the leased premises or the building of which the leased premises constitutes a portion.
<br />f) lessee shall give Lessor prompt written notice of any accident;fire or damage occurring on or to
<br />the Leased Premises.
<br />g) Lessee shall only enlist' the services of a Landlord approved waste company for its trash
<br />collection services. If Lessor has selected to utilize (1) trash compactor for the entire project,
<br />Lessee agrees to participate with the use of said compactor. If Lessee does not comply, lessee
<br />Will be in default of their lease agreement.
<br />No radio, television, satellite dish or other similar device shall be installed without first
<br />obtaining in each instance the Lessor's consent in writing. No aerial or satellite dish
<br />shali be erected on the roof OT exterior walls of the premises, or on the grounds, without
<br />in each instance, the written consent of the Lessor. Any aerial or satellite dish so
<br />installed without such written consent may be removed by Lessor at any time and
<br />Lessor shall not be liable for such removal.
<br />The plumbing facilities shall not be used for any other purpose than that for which they are
<br />constructed, and no foreign substance of any kind shall be permitted therein, and the
<br />expenses of any breakage, stoppage, or damage resulting from a violation of this
<br />provision shall be borne by Lessee; who shall, or whose employees, agents or invitees
<br />shall, have caused same,
<br />Lessor reserves the right from time to tim~ to suspend, amend or supplement the foregoing rules and regulations, and
<br />to adopt additional ruies and regulations applicable to the leased premises, Notice of such rules and regulations,
<br />amendments and supplements thereto, if any, shall be given to the Lessee, Lessee agrees to comply with all additional
<br />and supplemental rules and regulations upon notice of same from Lessor. If provisIon of the lease shall be declared .
<br />invalid or unenforceable, the remainder of this lease shall continue in full force and effect.
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