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<br />FIFTY-SECOND: TENANT IMPROVEMENTS: As part and parcel to this lease agreement, Lessee is <br /> <br />accepting ltle leased premises in . as-is. condition and agrees to complete all work necessary in order to open the <br /> <br />leased premises for business on or before June 1 , 1 997 <br /> <br />All work in the leased premises will be performed by a licensed general contractor under the <br />guidelines of the applicable building codes. Lessee agrees to work diligently to open the leased premises for business <br />and that "lime is of the essence' in completing all work and receiving all approvals, In the event Lessee is not open for <br />business by the above referenced date for any reason whatsoever, except Lessor's willful act of negligence, Lessee <br />shall remit a late fee of $50/day to Lessor in addition to all required payments due under the lease agreement. <br /> <br />FIFTY-THIRD: FORCE MAJEURE:" In any case where either party hereto is required to do any act, delays <br />caused by or resulting, from acts of God, war; civil commotion, fire or other casualty, labor difficulties, shortages of <br />labor malerials or equipment, governmental regulations, other causes beyond such party's reasonable control shall not <br />be counted in determining the time during which such act shall be completed. <br /> <br />FIFTY-FOURTH: CONTROL OF COMMON AREAS BY LESSOR: All areas within the exterior <br />buulldaries of the Shopping Center which are now or hereafter held for lease or occupation by Lessor or <br />used by other persolls entitled to occupy floor space in the Shopping Center, including, without limiting the <br />gellerality of the foregoing, all automobile parking areas, dri'V'eways, entrances and exits thereto, employee. <br />parking areas, the truck way or ways, loading docks, package pick-up stations, pedestrian sidewalks and <br />ramps, landscaped areas, retaining walls, exterior stairways, first aid stations, comfort stations, bus stops, <br />opened and enclosed courts and malls and other areas and improvements provided by Lessor in or near th,!! <br />Shopping Center for the general use, in common, by tenants, their officers, agents, employees and <br />customers (herein called "Common Areas") shall at all times be subject to the exclusive control and <br />management of Lessor, and Lessor shall have the right, but not the obligation, to construct, maintain and <br />operate Iigllting facilities on all said areas and improvements, from time to time to change the area, level, <br />10c<Jtion and arrangement of parking areas and other facilities herein above referred to; to restrict parking by <br />tenants, their officers, agents and employees to employee parking areas and to enforce parking charges (by <br />operation of meters or otherwise), with appropriate provisions for free parking ticket validating, or in lieu <br />thereof, to apply the net proceeds from such charges, after deduction of costs applicable thereto, to the <br />reduction of the cost of maintaining the parking facilities. <br /> <br />Lessor shall have the right to close all or any portion of the Common Areas; to close temporarily all or any <br />portion of ihe parking areas or facilities; 'to discourage non-customer parking; and to do and perform such <br />other acts in and to said areas and improvements as the>lessor shall determine to be advisable with a view <br />to the improvement of the convenience and use thereof by tenants, their officers. agents, employees and <br />customers. Lessor shall have tile full right and authority to employ all perlionnel and to make all rules and <br />regul<Jlions pertaining to the proper operation and maintenance of the Common Areas. <br /> <br />FIFTY-FIFTH: CHANGES TO SHOPPING CENTER AND COMMON AREA: Lessor hereby <br />reserves the rigl1t, at any time, to perform maintenance operations and to make repairs, alterations, or <br />additions to, and to build additional stories on, the building in which the premises are contained and to build <br />adjoining tile same. Lessor also reserves the right to construct other buildings or improvements, including, <br />but not limited to, structures for motor vehicle parking. The Lessee agrees to cooperate with the Lessor, <br />permitting the Lessor to accomplish any such maintenance, repairs, alterations, additions or construction, <br />Tile purpose of the site plan attached hereto as Exhibit A is to show the approximate location over the <br />Leased Premises. The Lessor reserves the right, at any time, to add to or reduce or to relocate the various <br />buildings, automobile parking areas, and other common areas as shown on the site plan. <br />SITE PLAN: The purpose of the site plan attached hereto as Exhibit A is to show the location of <br />the location of the leased premises. Lessor reserves the right at any time to relocate the various buildings, <br />automobile parking areas and other commori areas as shown on said site plan or to build greater or lesser of <br />the area of the building shown on said site plan. The parties acknowledge that the listing or naming on <br />Exllibit A of any other tenant or the description thereof of any kind of business in the shopping center are <br />nol representations by Lessor that such named other tenant or business shall be an occupant of the <br />sllOpping center and such desig'nations appearing upon the site plan shall not be considered part of this <br />lease. Lessor hereby reserves the right at' any tiQ"le io make alterations or additions to any building shown on <br />Exl1ibit A. Lessor also reserves the right to construct other buildings or improvements in the shopping <br />center from time to time and to make alterations thereof or additions thereto. Lessor shall have the right to <br />construct, maintain and operate lighting facilities on all said areas and improvements; from time to time to <br />change the area, level, location and arrangement of parking areas and other facilities hereinabove referred <br />to and to restrict pmking by tenants, their employees, officers and agents to designated employee parking <br />areas. <br /> <br />FIFTY-SIXTH: LETTERS AND MARKS IN ADVERTISING: Lessee agrees to use' in its advertising <br />and promotional activities for itsb~siness in the Leased Premises such references to the name of the <br />Shopping Center and such identifying lettering, marks, or symbols refecring to the Shopping Center as <br />Lessor shall specify from lime to lime. Lessee shall include the name of the Shopping Center and its <br />address for the Leased Premises and shall subsCfibe to an listing in the Yellow Pages of the local telephone ' <br />director which shall be printed in bold type, <br /> <br />7 <br />