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QPERA'FORS. 'fhe i,andiord act�o�edges ti�at the Tenant some�imes sublets the sate of <br /> the fireworks to independent operators. Landlord appmves of all such anangements, provided <br /> that the Tenant is not relieved from any obligations hereunder.Tenant shall be the only temporary <br /> stand, kiosk or tent engaged in firework sales on property at all times during the duration of this <br /> tease. <br /> �TSURANCE. Tenant shall provide general liabifity insarance covering the Ttnant`s,and � <br /> its subco�rtractors, use and occupation of the properly's, including, without [imitation, product <br /> liability, bodily injury, personal injury and property damage, on an oc�urrence basis, with <br /> coverage in the aggregate amount of 'TWO MII.LION DOLLARS ($2,000,000.00). The <br /> insurance sh�tt name the Lan�tord as an ad�tionat insured under Tenant's insurance po�icy "as <br /> Landlocrd's interest may appear." Prior to occupancy, Tenant shall deliver a Certificate of <br /> : Insurance to Landlord evidencing the insurance required hereunder. <br /> INDEMNTTY. Tenant shall indemnify and hold the Landlord harmless from any claixns, <br /> including attorneys'fees,in connection with any injvry oz damage caused to any petson or <br /> propert�+aristng out of Tenant's use or occupar�cy o�the property or any btseach by tenant vf this <br /> . agreement. <br /> SURRENDER OF PROPERTIES&RIGHTS. Tenant agrees to sun�ender possession of <br /> the pmperty to the Landlord upon ternunation of this agreement in as good condition and repair as <br /> t�e�saxae shal�� tre an r�e�ate Te�n# first oocapics ttre pzc�perties uIIde�-tkis lease�gre�rnent -- <br /> ORDiNARY WEAR AND TEAR EXCEPTED. T'he Tenar►t shall maice any and al1 repaus <br /> necessary to restore any portion of the property where such restoration is necessitated by the <br /> Tenant's use of the properiy. <br /> CHANGE IN LAW. In the event that the sale of consumer fireworks is prohibited f�r any <br /> portion of the term by any l�vel of ju,dicial, legislativ�or executive la.vv,vrder,rul��r re�ul,ation, <br /> Eliis lease shall, upon aotice from the Tensnt co�e i.andZord,terminate,wi�eree�oR any adva,xxd <br /> rental payment shall be returned to the Tenant on a pro rata (number of rlays of terni occupied) <br /> basis and the Tenant shall be relieved from any further liability hereunder. <br /> �E�'I�I*TE�. 'Fhis �t is ccmtingent upon Te�t sec�riug a�requi� � <br /> and state iicenses and permits to sell 1.4g(C�ass C)consumer fireworks on the leases premises. If <br /> Tenant is unable to secure such license and permits this lease agrcemem will become nuIl and <br /> void. Tenant shall not take possession of the property until such required licenses and permits <br /> have been secured. <br /> �ROPERTY. I�the property i�i�Gessible or ut�usab�e due t�s�ast�uc#o�Ax the like. <br /> ttten this lease is sub,}ect ta revisio�. <br /> ENT'IRE AGREEMENT. This lease agreement and any incorporated exhibits or <br /> attachments contain all of the agreements between the parties and cannot be modified in any <br /> �a�meF otl�er tk�a�b�at�ag+ee�ent si�by t�ie�at�izs wi�#�e sa�e fo�el��es attenda�t to t�e <br /> execution of this lease agreement. Each agreement, term and provision of this lease ageeme� <br /> shall be conshved to be a promise,covenant and condition. <br /> ' PROVISIONS BINDING. The agreements herein shall be binding upon and inure to the <br /> benefrt of the heus,executors,administrators,personal representatives,successors and assigns of <br /> tAe patties. <br /> � <br />