Tenant agrees to comply to pay the outstanding balance of $15,000 in addition to August rent by August 31st.
Madison International to take 85% of each payment: $12,750 and Appear Here to take 15%: $2,250
Sidewalks and Common Areas
1. Merchandise and materials of any kind may not be placed, exhibited or displayed outside of Tenant's demised premises without Landlord's prior written approval.
2. Merchandise may not be stored outside Tenant's premises.
3. Tenant shall not throw, discard or deposit any paper, glass or extraneous matter of any kind except in designated receptacles, or create litter or hazards of any kind.
4. Tenant is responsible for the storage and removal of trash, refuse and garbage.
5. Trash placed in a designated location within the loading dock for pick up must be in a closed water tight container or in Landlord's discretion placed in tied off and secure plastic trash bags.
6. All pick-up and delivery activities shall be made in a manner that does not inhibit the flow of automobile and pedestrian traffic, in a manner consistent with local law and in the designated area in accordance with the Lease.
7. Tenant shall not leave merchandise or equipment (i.e. trash receptacles, pallet jacks, dollies, etc.) unattended in any common area (loading areas, back hallways, etc.) of the Premises.
8. Tractor trailers or other vehicles may not be stored or parked in any area that is not designated for the exclusive use of Tenant.
9. Tenant shall not permit or suffer the use of any advertising medium which can be heard or experienced outside of the Premises, including, without limiting the generality of the foregoing, flashing lights, searchlights, loud speakers, phonographs, radios or television.
10. Tenant shall not permit or suffer merchandise of any kind at any time to be placed, exhibited or displayed outside its Premises, nor shall Tenant use the exterior sidewalks or exterior walkways of its Premises to display, store or place any merchandise. No sale of merchandise by tent sale, truck load sale or the like, shall be permitted on parking lot or other Common Areas.
11. Tenant shall not, in or on any part of the Common Areas:
a. Vend, peddle or solicit orders for sale or distribution of any merchandise, device, service, periodical, book, pamphlet or other matter whatsoever;
b. Exhibit any sign, placard, banner, notice or other written material, except for activities as approved in writing by landlord and only in such areas as approved.;
c. Distribute any circular, booklet, handbill, placard or other material, except for activities as approved in writing by Landlord and only in such areas as approved;
d. Solicit membership in any organization, group or association or contribution for any purpose;
e. Use Common Areas for any purpose when none of the other retail establishments within the Retail Project is open for business or employment, except for activities as approved in writing by Landlord and only in such areas as approved;
f. Create a nuisance;
g. Deface, damage or demolish any sign, light standard or fixture, landscaping materials or other improvement within the Retail Project, or the property of customers, business invitees or employees sitl1;ated within the Retail Project.
Signage and Printed Materials
12. Handwritten signs, either inside or outside of the store, are not permitted.
13. Except as otherwise provided in the Lease, Tenant shall not permit or suffer to permit any advertising (pamphlets, handouts, posters, etc.) to be placed on base building walls, on Tenant's windows or walls, on standards within any common area, on the sidewalks around the premises, or on any light or sign poles on the premises but the foregoing shall not prohibit Tenant from placing in its windows professionally designed and prepared signs, posters, promotions or other advertising.
14. Sign holders or store fixtures shall not extend beyond the lease line of the premises.
15. Exterior Tenant signs and store name signs permitted under the Lease must be illuminated in proper working order during all hours of business operations.
16. Tenant shall use reasonable efforts to have construction repairs to the exterior areas of the Tenant's premises done prior to, or after the hours of business operation (sign repairs, window glazing, etc.) Set-up and staging procedures for such work shall be upon Landlord's reasonable approval on a case by case basis.
Plumbing Maintenance and Food Service
17. Tenant shall not dispose of the following items in sinks or commodes: plastic products (bags, straws, boxes), sanitary napkins, ice bags, cooking fats or oils, food syrups, petroleum products (gasoline, kerosene, lubricating oil), paint products (thinner paints, brushes ) and hazardous materials.
18. Tenants serving food are responsible for the ongoing maintenance and preventive maintenance of grease traps and such grease traps are subject to periodic inspection by Landlord.
19. Tenant shall contract with a licensed exterminator and maintain insect and pest control on a monthly basis. Landlord, at its option, however, may select an exterminator to perform such services on behalf of Tenant provided the costs are commercially competitive. If Landlord does so, Tenant agrees to use such contractor to the exclusion of all other exterminator contractors, devices, equipment or services. Tenant shall pay the charges therefor directly to such contractor.
20. Tenant must properly dispose of all cooking oils and fats. Tenant shall not dispose of such materials down waste lines.
21. Tenant and/or its contractor must utilize the rooftop protective pads as the path of travel to all parts of the roof.
22. Tenant and/or its contractor must remove all trash and debris (screws, wire, sheet metal, etc.) from the work area upon completion of their work.
23. No radio, television, or other communication, antenna equipment or device is to be mounted, attached, or secured to any part of the roof, exterior surface , or anywhere outside the Premises, unless Landlord has previously given its written consent.
24. Delivery vehicles which exceed the height of the loading dock will be directed away and rescheduled until they conform to access specifications. Delivery vehicles exceeding 55 feet in length will not be granted access to the loading dock.
25. Tenant shall advise and cause its vendors to deliver all merchandise before noon on Mondays through Fridays, not at other times.
26. All deliveries are to be made to designated service or receiving areas and Tenant shall request delivery trucks to approach their service or receiving areas by designated service routes and drives. Deliveries shall be performed at such times as instituted by Landlord.
27. Tractor trailers which must be unhooked or parked must use steel plates under dolly wheels to prevent damage to the asphalt paving surface. In addition, wheel blocking must be available for use. Tractor trailers are to be removed from the loading areas after unloading. No parking or storing of such trailers will be permitted in the Retail Project.
28. Carts, dollies or any wheeled device used for the purpose of delivering supplies or merchandise must be equipped with hard rubber or pneumatic wheels when traveling over tiled (ceramic or VCT, etc.) interior common areas. Such devices with metal wheels will not be permitted on the premises.
29. No loudspeaker, radio, television, phonograph or other similar devise, or aerial attached thereto shall be installed outside the Premises without first obtaining Landlord's consent in each instance, and if consent be given, no such devise shall be used in a manner so as to be heard outside the Premises without first obtaining consent in each instance.
30. Tenant shall not place, suffer or permit displays, decorations or shopping carts on the sidewalks in front of or at the rear of the Premises or on or upon any of the Common Areas of the Retail Project.
31. Tenant shall not use, permit or suffer the use of any portion of the Premises as living, sleeping or lodging quarters.
32. No load will be placed on any floor of the Premises which exceeds the load per square foot which such floor area was designed to carry.
33. All mechanical equipment and machinery will be kept free of noise and vibrations which may be transmitted to any part of the walls or building of which the Premises forms a part or beyond the confines of the Premises.
34. No odors or vapors will be permitted or caused to emanate from the Premises and Tenant shall comply with Landlord's requirements in respect of any such odors or vapors .
35. No live animals will be kept on or within the Premises except if otherwise expressly provided under the Permitted Use.
36. Tenant shall install and maintain fire extinguishers of the type and capacity and in such locations as may be required by law, and in the absence of any such legal requirement, Tenant shall install and maintain in a readily available location within the Premises an ABC type, or equal, all purpose hand operated fire extinguisher containing a minimum capacity of two and one-half (2 ½ lbs) pounds.
37. Tenant shall not install, suffer or permit to be installed or place any cover, fascia, partition, decoration, alteration or improvement or the like over, upon or under the sprinkler heads within the Premises, the same to remain exposed at all times.