Common use of Additional Covenants of Lessee Clause in Contracts

Additional Covenants of Lessee. The Lessee covenants at its expense, at all times during the term of this Lease, as follows: A. The Lessee shall make all repairs, alterations, additions, or replacements to the Leased Premises required by any law or ordinance or any order or regulations of any public authority because of Lessee's use thereof and not required to be made by lessor hereunder; to keep the Leased Premises equipped with all safety appliances so required for any such use; and to comply with the orders and regulations of all governmental authorities. B. Any alterations and changes in the Leased Premises made by the Lessee shall not injure the safety of the structure thereof nor diminish its value, and such work shall be done in a good and workmanlike manner, employing materials of good quality and complying with all governmental requirements, including the obtaining of any licenses or permits for the making of such alterations, changes or installations and in connection therewith the Lessee agrees to save the Lessor harmless and indemnified from all injury, loss, claims or damages to any person or property occasioned by or growing out of such work and the Lessee agrees to pay promptly when due the entire cost of any work to the Leased Premises so that said property shall at all times be free of liens for labor and materials and to discharge any such lien forthwith upon request by bonding, payment or otherwise. C. The Lessee shall comply with all applicable building, zoning and land use, environmental protection, hazardous waste, sanitary and safety laws, rules and regulations, including but not limited to Chapter 21E: will not permit or commit waste on the Leased Premises or any nuisance thereon: and will not use or occupy the Leased Premises in any manner which makes cancelable any insurance then in force. D. The Lessee shall at its sole cost, maintain and repair the Leased Premises in accordance with Article 11 of this Lease and keep the same in good and serviceable condition and in at least as good condition and repair (reasonable wear and tear and casualty loss excepted) as it was on the date this Lease was actually executed or date of occupancy, whichever occurs later, with respect to each portion of the Leased Premises. It is the understanding of the parties that it is the Lessor's responsibility to maintain the exterior of the Leased Premises, the roof, the plumbing, air conditioning in the office areas and heating systems, the sprinkler system, and structural systems, as well as the other items mentioned in Article 10 of this Lease.

Additional Covenants of Lessee. The Lessee covenants at its expense, Lessee's use of the Demised Premises and the Common Areas shall be subject at all times during the term Term to reasonable rules and regulations adopted by Lessor not in conflict with any of this Leasethe express provisions hereof governing the use of the parking areas, walks, driveways, passageways, signs, exteriors of building, lighting and other matters affecting other tenants in, and the general management and appearance, of the Shopping Center. Lessee agrees to comply with all such rules and regulations upon notice to Lessee from Lessor. Lessee expressly agrees as follows: A. The (a) Lessee shall make all repairsconduct its business in the Demised Premises at least six (6) days per week, alterationsMonday through Saturday, additions, a minimum of forty (40) hours per week. Lessee shall not close the business in excess of 24 hours during the days set forth above without the express written approval of Lessor. A vacation or replacements to the Leased Premises required abandonment of premises or cessation of operations by any law other lessee(s) in the Shopping Center shall not in any way release Lessee from Lessee's obligations under this Lease, such obligations being independent covenants of this Lease. (b) All garbage and refuse shall be kept inside the Demised Premises in the kind of container specified by Lessor, and shall be placed outside of the Demised Premises prepared for collection in the manner and at the times and places specified by Lessor. If Lessor shall provide or ordinance or any order or regulations designate a service for picking up refuse and garbage, Lessee shall use same at Lessee's cost. Lessee shall pay the cost of removal of any public authority because of Lessee's use thereof refuse and garbage and maintain all loading areas in a clean manner satisfactory to the Lessor. If any part of the Lessee's business shall consist of the preparation and/or sale of food, including without limitation the operation of a restaurant, snack shop or food market, Lessee shall place all garbage and refuse in plastic bags before depositing same in exterior containers at Lessee's expense. If Lessee does not required place all garbage and refuse in containers, Lessor shall have the right to have said garbage removed at Lessee's expense and shall charge Lessee two (2) times actual expenses incurred by Lessor for said removal. (c) No radio or television aerial or other devise shall be erected on the roof or exterior walls of the Demised Premises or the building in which the Demised Premises are located without first obtaining in each instance the Lessor's consent in writing. Any aerial or devise installed without such written consent shall be subject to removal at Lessee's expense without notice at any time. If the Lessor elects to so remove such aerial or devise, Lessor will charge Lessee two (2) times actual expenses incurred by Lessor for such removal. (d) No loud speakers, televisions, phonographs, radios, tape players, disc players or other devises shall be used in a manner so as to be made by lessor hereunder; to keep heard or seen outside of the Leased Demised Premises equipped with all safety appliances so required without the prior written consent of Lessor. (e) The plumbing facilities shall not be used for any other purpose than that for which they are constructed; no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Lessee. Lessee agrees to reimburse Lessor an amount equal to two (2) times the cost incurred by Lessor as a result of any such use; and to comply with the orders and regulations of all governmental authoritiesbreakage, stoppage or damage. B. Any alterations and changes (f) Lessee at its expense shall contract for pest extermination services covering the Demised Premises, to be rendered not less frequently than semiannually pursuant to the schedule set forth in Exhibit "F". Lessee shall deliver to Lessor certificates evidencing such services, without the Leased Premises made by the prior request of Lessor. (g) Lessee shall not injure burn any trash or garbage or any kind in the safety Demised Premises or within the Shopping Center. (h) Lessee shall keep any display windows or signs in or on the Demised Premises well lighted during the hours that the lights in the parking lot are in operation. (i) Lessee shall keep and maintain the Demised Premises (including, without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat and clean condition. (j) Lessee at its expense shall participate in any reasonable window cleaning program that may be established by Lessor for all or substantially all other stores in the Shopping Center. (k) Lessee shall take no action which would violate Lessor's labor contracts, if any, affecting the Shopping Center, nor create any work stoppage, picketing, labor disruption or dispute, or any interference with the business of Lessor or any other lessee or occupant in the Shopping Center or with the rights and privileges of any customer or other person(s) lawfully in and upon said Shopping Center, nor shall Lessee cause any impairment or reduction of the structure thereof nor diminish its value, good will of the Shopping Center. (l) Lessee shall pay before delinquency all license or permit fees and such work shall be done in charges of a good and workmanlike manner, employing materials of good quality and complying with all governmental requirements, including similar nature for the obtaining conduct of any licenses business in the Demised Premises. (m) Lessee shall store and/or stock in the Demised Premises only such merchandise as Lessee is permitted to offer for sale in the Demised Premises pursuant to this Lease. (n) Lessee shall not conduct or permits permit any fire, bankruptcy, auction or "going out of business" sale (whether real or fictitious) in the Demised Premises, without prior written consent of Lessor, or utilize any unethical method of business operation. No "sidewalk sales" will be permitted at any time. (o) Lessee shall not perform or permit any act nor carry on or permit any practice which may damage, mar or deface the Demised Premises or any other part of the Shopping Center. (p) Lessee shall not use any fork-lift truck, tow truck or any other powered machine for handling freight in the making of Shopping Center except in such alterations, changes or installations manner and in connection therewith those areas in the Shopping Center as may be approved by Lessor in writing. (q) Lessee shall not place a load on any floor in the Demised Premises or in the Shopping Center exceeding the floor load which such floor was designed to carry, nor shall Lessee install, operate or maintain in the Demised Premises any heavy item or equipment in such manner as to achieve an improper distribution of weight. (r) Lessee shall not install, operate or maintain in the Demised Premises or in any other area of the Shopping Center any electrical equipment which does not bear underwriter's approval, or which would overload the electrical system or any part thereof beyond its capacity for proper and safe operation as determined by Lessor. (s) Lessee shall not suffer, allow or permit any vibration, noise, light, odor or other effect to emanate from the Demised Premises, or from any machine or other installation therein, or otherwise suffer, allow or permit the same to constitute a nuisance or otherwise interfere with the safety, comfort and convenience of Lessor or any of the other occupants of the Shopping Center or their customers, agents, or invitees or any others lawfully in or upon the Shopping Center. Upon notice by Lessor to Lessee that any of the aforesaid is occurring, Lessee agrees to save forthwith remove or control the Lessor harmless and indemnified from all injury, loss, claims or damages to any person or property occasioned by or growing out of such work and the Lessee agrees to pay promptly when due the entire cost of any work to the Leased Premises so that said property shall at all times be free of liens for labor and materials and to discharge any such lien forthwith upon request by bonding, payment or otherwisesame. C. The (t) Lessee shall comply with all applicable building, zoning and land use, environmental protection, hazardous waste, sanitary and safety laws, rules and regulations, including but not limited to Chapter 21E: will not permit or commit waste on the Leased Premises or any nuisance thereon: and will not use or occupy the Leased Demised Premises in any manner or for any purpose which makes cancelable any insurance then in force. D. The Lessee shall at its sole cost, maintain and repair would injure the Leased Premises in accordance with Article 11 of this Lease and keep reputation or impair the same in good and serviceable condition and in at least as good condition and repair (reasonable wear and tear and casualty loss excepted) as it was on the date this Lease was actually executed present or date of occupancy, whichever occurs later, with respect to each portion future value of the Leased Premises. It is the understanding of the parties that it is the Lessor's responsibility to maintain the exterior of the Leased Demised Premises, the roofShopping Center or the neighborhood in which the Shopping Center is located. (u) Lessee shall not store, the plumbingdisplay, air conditioning sell or distribute any alcoholic beverages or any dangerous materials (including, without limitation, fireworks) unless specifically permitted in the office areas and heating systems, the sprinkler system, and structural systems, as well as the other items mentioned in Article 10 of this Lease.

Additional Covenants of Lessee. The Lessee further covenants and agrees: 2.1 To keep the Premises, including without limitation, both the inside and outside of all doors and windows therein, in the same order and repair as they are in on the Commencement Date, reasonable wear and damage by fire or casualty only excepted; and to keep all fixtures and equipment on the Premises, including, without limitation, all heating, plumbing, electrical, air conditioning, mechanical fixtures, and equipment serving only the Premises in the same order and repair as they in on the Commencement Date, damage by fire or casualty only excepted; and to make all repairs and replacements and to do all other work necessary for the foregoing purposes. It is further agreed that the exception of reasonable use and wear shall not apply so as permit Lessee to keep the Premises in anything less than suitable, tenant-like and efficient and usable condition considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenant- like repair, and that except in case of fire there is no exception to the rule that all glass must be kept good by Lessee. Lessee shall also make all repairs to the Building, (including, without limitation, the structure and roof thereon and common areas therein) and the Lot; if the same are occasioned by Lessee's improper or untenantlike use thereof. Lessee's interior repairs should not include the outer walls, roof, or structural repairs. However, the Lessee shall be obligated to compensate Lessor for repairs to the exterior walls, roof or structural repairs only if such repairs are necessitated by the intentional acts or negligence of Lessee, its agents, invitees or employees and if such repairs are not reimbursable by insurance carriers. Lessee shall in no way permit any roof penetrations, additions or work of any type to the exterior, roof membrane, or structural components of building without express written consent of Lessor. Lessor shall maintain and repair the exterior, roof, common areas and structural elements of the Building, as well as the Building systems, in good condition, and Lessee shall pay its proportionate share of the cost of such maintenance and repairs (except that Lessor shall not be obligated to make repairs which are necessitated by Lessee's improper or untenantlike use thereof). 2.2 To assume exclusive control of the Premises, and the adjacent sidewalks serving exclusively the Premises, if any, and all tort liabilities incident to the control or leasing thereof, and to save the Lessor harmless from all claims or damage arising on account of any injury or damage to any person or property on Premises or sidewalks, or ways adjacent thereto, or otherwise resulting from the use and maintenance and occupancy of the Premises or any thing or facility kept or used thereon. Lessor shall be saved harmless by Lessee from any liability on account of any accident or injury to Lessee, or to any of Lessee's servants, employees, agents, visitors or licensees, or to any person or persons in or about the Premises or said adjacent sidewalks or ways adjacent thereto. All merchandise, furniture, fixtures, effects and Property of every kind, nature and description of Lessee and of all persons claiming through or under Lessee, except as herein otherwise provided, which may be on the Premises during the continuance of this Lease or any occupancy by Lessee thereof, shall be at the sole risk and hazard of Lessee, and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes or other pipes, by theft or from any other cause, no part of said loss or damage is to be charged to or be borne by Lessor. Notwithstanding any provision of this Lease, Lessor shall in no event be indemnified or held harmless or exonerated from any liability to Lessee, or to any person, for any injury, loss, damage or liability arising from any omission, fault, negligence or other misconduct of Lessor or its expenseagents or employees on or about the Premises or on or about any stairways, hallways or other appurtenances, including sidewalks, used in connection with the Premises and not within the exclusive control of Lessee. 2.3 Not to assign or sublet this Lease without first obtaining on each occasion the consent in writing of Lessor and to reimburse Lessor promptly for reasonable legal expenses incurred by Lessor in connection with any request by Lessee for such consent. Lessee may, without Lessor's consent, assign this Lease to a corporation owning a, controlling interest in the voting capital stock of Lessee, to a corporation into which Lessee is merged provided such corporation assumes in writing all of Lessee's obligations hereunder, or sublet to a subsidiary corporation of which Lessee owns a majority of the voting stock. No assignments or subletting shall in any way impair the continuing primary liability of Lessee hereunder, and no consent to any assigning or subletting in a particular instance shall be deemed to be a waiver of the obligation to obtain the Lessor's approval in the case of any other assignment or subletting. 2.4 To conform to and comply with all state and municipal laws and with all requirements of any public body or officers having jurisdiction of the Premises and with the requirements or regulations of any Board of Fire Underwriters or Insurance company insuring the Premises at the time with respect to the care, maintenance, manner of use and non-structural alteration of the Premises, all times at Lessee's own expense without reimbursement from Lessor. 2.5 To permit Lessor and Lessor's representatives to enter into and examine the Premises and show them to prospective purchasers and mortgagees, and during the six months prior to the expiration of the term to show them also to prospective tenants and to keep affixed in suitable places notices for letting and selling. 2.6 If Lessee shall at any time default in the performance of any Lessee obligation under this Lease, Lessor, shall have the right, after first giving Lessee ten (10) days written notice of such default (unless such default endangers the Premises or Lessor's interest therein, in which case no such notice shall be required), to perform such obligation notwithstanding the fact that no provision for such substituted performance by Lessor is made in this Lease with respect to such default. In performing such Lessee obligation, Lessor may make any reasonable payment of money or perform any other reasonable act. All sums so paid by Lessor and all necessary incidental costs and expenses in connection with the performance of any such act by Lessor shall be deemed to be additional rent under this Lease and shall be payable to Lessor immediately on demand. Lessor may exercise the foregoing rights without waiving or releasing Lessee from any of its obligations under this Lease. 2.7 Upon the expiration or other termination of the term of this Lease, Lessee shall quit and surrender to Lessor the Demised Premises, broom clean, in good order and condition, ordinary wear expected, and Lessee shall remove all of its property, including at Lessor's request, any alterations or additions made by Lessee. Lessee's obligations to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. If the last day of the term of this Lease or any renewal thereof falls on Sunday, this Lease shall expire on the business day immediately proceeding. If Lessor elects to treat Lessee as followsa holdover for a further term of one year, any concession of rent or agreement in respect of decorations or the like in the initial term shall not apply to such holdover term. Rent during such holdover term shall be twice the amount paid during the last preceding term. 2.8 Lessee further covenants and agrees: A. The Lessee shall make all repairs, alterations, additions, or replacements (a) To use the Premises for: Office and warehouse functions as they relate to the Leased wine distribution industry not involving the emission of objectionable odors, fumes, noise or vibration, and for no other use, and from time to time to procure all licenses and permits necessary therefore. (b) Not to make or permit any alterations or additions to the Premises required without prior written consent of Lessor which shall not be unreasonably withheld. (c) To use reasonable diligence to prevent Lessee's employees and customers and other persons visiting the Premises from using any street abutting the Lot for parking. (d) Not to permit the use of the Lot for trucking of the character and volume greater than that customarily employed by any law or ordinance other occupants of or any order use permitted under clause (a) of this Section 2.8 for which trucking of such character and volume is customary. So far as possible, truck loading and unloading shall be carried on at parts of the Building not facing on any abutting street. (e) Not to place on the Premises any placard or regulations sign of advertising that the Premises or any public authority because part thereof may be sublet. Not to place any other sign or placard on the Premises which is visible from the exterior of Lessee's use thereof the Premises without the written consent of Lessor. (f) Not to place on the Premises any draperies, venetian blinds, curtains or similar furnishings visible from the exterior of the Premises without the written consent of Lessor. (g) Not to injure, overload, deface or permit to be injured, overloaded or defaced, the Building, and not required to permit any holes to be made by lessor hereunder; in the outside stone or brickwork, of any awnings to keep be placed on or suspended from the Leased Premises equipped with all safety appliances so required for any Building except such useand in such places as Lessor shall in writing first approve; and not to comply with the orders and regulations of all governmental authorities. B. Any alterations and changes in the Leased Premises made by the Lessee shall not injure the safety make, allow or suffer any waste or any unlawful, improper or offensive use of the structure Premises or any occupation or unoccupied space thereof nor diminish its value, and such work that shall be done in a good and workmanlike manner, employing materials of good quality and complying with all governmental requirements, including the obtaining of any licenses or permits for the making of such alterations, changes or installations and in connection therewith the Lessee agrees to save the Lessor harmless and indemnified from all injury, loss, claims or damages injurious to any person or property occasioned or invalidate any insurance on the building or increase the premium thereof. 2.9 Lessee agrees from time to time, upon not less than fifteen (15) days prior written request by Lessor, to execute, acknowledge and deliver to Lessor a statement in writing certifying that this Lease is unmodified and in full force and effect and that Lessee has no defenses, offsets or growing out of such work counterclaims against its obligations to pay the fixed and additional rent and any other charges and to perform its other covenants under this Lease (or, if there have been any modifications that the same is in full force and effect as modified and stating the modifications and, if there are any defenses, offsets, or counterclaims, setting them forth in reasonable detail), and the Lessee agrees dates to pay promptly when due which the entire cost fixed and additional rent and other charges have been laid. Any such statement delivered pursuant to this Section 2.9 may be relied upon by any prospective purchaser or mortgagee of the Premises, Building and Lot or one or more of them, or any prospective assignee of any work to the Leased Premises so that said property shall at all times be free of liens for labor and materials and to discharge any such lien forthwith upon request by bonding, payment or otherwisemortgage. C. The Lessee shall comply with all applicable building, zoning and land use, environmental protection, hazardous waste, sanitary and safety laws, rules and regulations, including but not limited to Chapter 21E: will not permit or commit waste on the Leased Premises or any nuisance thereon: and will not use or occupy the Leased Premises in any manner which makes cancelable any insurance then in force. D. The Lessee shall at its sole cost, maintain and repair the Leased Premises in accordance with Article 11 of this Lease and keep the same in good and serviceable condition and in at least as good condition and repair (reasonable wear and tear and casualty loss excepted) as it was on the date this Lease was actually executed or date of occupancy, whichever occurs later, with respect to each portion of the Leased Premises. It is the understanding of the parties that it is the Lessor's responsibility to maintain the exterior of the Leased Premises, the roof, the plumbing, air conditioning in the office areas and heating systems, the sprinkler system, and structural systems, as well as the other items mentioned in Article 10 of this Lease.

Additional Covenants of Lessee. The Lessee further covenants and agrees: 2.1 To keep the Premises, including without limitation, both the inside and outside of all doors and windows therein, in the same order and repair as they are in on the Commencement Date, reasonable wear and damage by fire or casualty only excepted; and to keep all fixtures and equipment on the Premises, including, without limitation, all heating, plumbing, electrical, air conditioning, mechanical fixtures, and equipment serving only the Premises in the same order and repair as they in on the Commencement Date, damage by fire or casualty only excepted; and to make all repairs and replacements and to do all other work necessary for the foregoing purposes. It is further agreed that the exception of reasonable use and wear shall not apply so as permit Lessee to keep the Premises in anything less than suitable, tenant-like and efficient and usable condition considering the nature of the Premises and the use reasonably made thereof, or in less than good and tenant-like repair, and that except in case of fire there is no exception to the rule that all glass must be kept good by Lessee. Lessee shall also make all repairs to the Building, (including, without limitation, the structure and roof thereon and common areas therein) and the Lot; if the same are occasioned by Lessee's improper or untenantlike use thereof. Lessee's interior repairs should not include the outer walls, roof, or structural repairs. However, the Lessee shall be obligated to compensate Lessor for repairs to the exterior walls, roof or structural repairs only if such repairs are necessitated by the intentional acts or negligence of Lessee, its agents, invitees or employees and if such repairs are not reimbursable by insurance carriers. Lessee shall in no way permit any roof penetrations, additions or work of any type to the exterior, roof membrane, or structural components of building without express written consent of Lessor. Lessor shall maintain and repair the exterior, roof, common areas and structural elements of the Building, as well as the Building systems, in good condition, and Lessee shall pay its proportionate share of the cost of such maintenance and repairs (except that Lessor shall not be obligated to make repairs which are necessitated by Lessee's improper or untenantlike use thereof). 2.2 To assume exclusive control of the Premises, and the adjacent sidewalks serving exclusively the Premises, if any, and all tort liabilities incident to the control or leasing thereof, and to save the Lessor harmless from all claims or damage arising on account of any injury or damage to any person or property on Premises or sidewalks, or ways adjacent thereto, or otherwise resulting from the use and maintenance and occupancy of the Premises or any thing or facility kept or used thereon. Lessor shall be saved harmless by Lessee from any liability on account of any accident or injury to Lessee, or to any of Lessee's servants, employees, agents, visitors or licensees, or to any person or persons in or about the Premises or said adjacent sidewalks or ways adjacent thereto. All merchandise, furniture, fixtures, effects and Property of every kind, nature and description of Lessee and of all persons claiming through or under Lessee, except as herein otherwise provided, which may be on the Premises during the continuance of this Lease or any occupancy by Lessee thereof, shall be at the sole risk and hazard of Lessee, and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes or other pipes, by theft or from any other cause, no part of said loss or damage is to be charged to or be borne by Lessor. Notwithstanding any provision of this Lease, Lessor shall in no event be indemnified or held harmless or exonerated from any liability to Lessee, or to any person, for any injury, loss, damage or liability arising from any omission, fault, negligence or other misconduct of Lessor or its expenseagents or employees on or about the Premises or on or about any stairways, hallways or other appurtenances, including sidewalks, used in connection with the Premises and not within the exclusive control of Lessee. 2.3 Not to assign or sublet this Lease without first obtaining on each occasion the consent in writing of Lessor and to reimburse Lessor promptly for reasonable legal expenses incurred by Lessor in connection with any request by Lessee for such consent. Lessee may, without Lessor's consent, assign this Lease to a corporation owning a, controlling interest in the voting capital stock of Lessee, to a corporation into which Lessee is merged provided such corporation assumes in writing all of Lessee's obligations hereunder, or sublet to a subsidiary corporation of which Lessee owns a majority of the voting stock. No assignments or subletting shall in any way impair the continuing primary liability of Lessee hereunder, and no consent to any assigning or subletting in a particular instance shall be deemed to be a waiver of the obligation to obtain the Lessor's approval in the case of any other assignment or subletting. 2.4 To conform to and comply with all state and municipal laws and with all requirements of any public body or officers having jurisdiction of the Premises and with the requirements or regulations of any Board of Fire Underwriters or Insurance company insuring the Premises at the time with respect to the care, maintenance, manner of use and non-structural alteration of the Premises, all times at Lessee's own expense without reimbursement from Lessor. 2.5 To permit Lessor and Lessor's representatives to enter into and examine the Premises and show them to prospective purchasers and mortgagees, and during the six months prior to the expiration of the term to show them also to prospective tenants and to keep affixed in suitable places notices for letting and selling. 2.6 If Lessee shall at any time default in the performance of any Lessee obligation under this Lease, Lessor, shall have the right, after first giving Lessee ten (10) days written notice of such default (unless such default endangers the Premises or Lessor's interest therein, in which case no such notice shall be required), to perform such obligation notwithstanding the fact that no provision for such substituted performance by Lessor is made in this Lease with respect to such default. In performing such Lessee obligation, Lessor may make any reasonable payment of money or perform any other reasonable act. All sums so paid by Lessor and all necessary incidental costs and expenses in connection with the performance of any such act by Lessor shall be deemed to be additional rent under this Lease and shall be payable to Lessor immediately on demand. Lessor may exercise the foregoing rights without waiving or releasing Lessee from any of its obligations under this Lease. 2.7 Upon the expiration or other termination of the term of this Lease, Lessee shall quit and surrender to Lessor the Demised Premises, broom clean, in good order and condition, ordinary wear expected, and Lessee shall remove all of its property, including at Lessor's request, any alterations or additions made by Lessee. Lessee's obligations to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. If the last day of the term of this Lease or any renewal thereof falls on Sunday, this Lease shall expire on the business day immediately proceeding. If Lessor elects to treat Lessee as followsa holdover for a further term of one year, any concession of rent or agreement in respect of decorations or the like in the initial term shall not apply to such holdover term. Rent during such holdover term shall be twice the amount paid during the last preceding term. 2.8 Lessee further covenants and agrees: A. The Lessee shall make all repairs, alterations, additions, or replacements (a) To use the Premises for: Office and warehouse functions as they relate to the Leased wine distribution industry not involving the emission of objectionable odors, fumes, noise or vibration, and for no other use, and from time to time to procure all licenses and permits necessary therefore. (b) Not to make or permit any alterations or additions to the Premises required without prior written consent of Lessor which shall not be unreasonably withheld. (c) To use reasonable diligence to prevent Lessee's employees and customers and other persons visiting the Premises from using any street abutting the Lot for parking. (d) Not to permit the use of the Lot for trucking of the character and volume greater than that customarily employed by any law or ordinance other occupants of or any order use permitted under clause (a) of this Section 2.8 for which trucking of such character and volume is customary. So far as possible, truck loading and unloading shall be carried on at parts of the Building not facing on any abutting street. (e) Not to place on the Premises any placard or regulations sign of advertising that the Premises or any public authority because part thereof may be sublet. Not to place any other sign or placard on the Premises which is visible from the exterior of Lessee's use thereof the Premises without the written consent of Lessor. (f) Not to place on the Premises any draperies, venetian blinds, curtains or similar furnishings visible from the exterior of the Premises without the written consent of Lessor. (g) Not to injure, overload, deface or permit to be injured, overloaded or defaced, the Building, and not required to permit any holes to be made by lessor hereunder; in the outside stone or brickwork, of any awnings to keep be placed on or suspended from the Leased Premises equipped with all safety appliances so required for any Building except such useand in such places as Lessor shall in writing first approve; and not to comply with the orders and regulations of all governmental authorities. B. Any alterations and changes in the Leased Premises made by the Lessee shall not injure the safety make, allow or suffer any waste or any unlawful, improper or offensive use of the structure Premises or any occupation or unoccupied space thereof nor diminish its value, and such work that shall be done in a good and workmanlike manner, employing materials of good quality and complying with all governmental requirements, including the obtaining of any licenses or permits for the making of such alterations, changes or installations and in connection therewith the Lessee agrees to save the Lessor harmless and indemnified from all injury, loss, claims or damages injurious to any person or property occasioned or invalidate any insurance on the building or increase the premium thereof. 2.9 Lessee agrees from time to time, upon not less than fifteen (15) days prior written request by Lessor, to execute, acknowledge and deliver to Lessor a statement in writing certifying that this Lease is unmodified and in full force and effect and that Lessee has no defenses, offsets or growing out of such work counterclaims against its obligations to pay the fixed and additional rent and any other charges and to perform its other covenants under this Lease (or, if there have been any modifications that the same is in full force and effect as modified and stating the modifications and, if there are any defenses, offsets, or counterclaims, setting them forth in reasonable detail), and the Lessee agrees dates to pay promptly when due which the entire cost fixed and additional rent and other charges have been laid. Any such statement delivered pursuant to this Section 2.9 may be relied upon by any prospective purchaser or mortgagee of the Premises, Building and Lot or one or more of them, or any prospective assignee of any work to the Leased Premises so that said property shall at all times be free of liens for labor and materials and to discharge any such lien forthwith upon request by bonding, payment or otherwisemortgage. C. The Lessee shall comply with all applicable building, zoning and land use, environmental protection, hazardous waste, sanitary and safety laws, rules and regulations, including but not limited to Chapter 21E: will not permit or commit waste on the Leased Premises or any nuisance thereon: and will not use or occupy the Leased Premises in any manner which makes cancelable any insurance then in force. D. The Lessee shall at its sole cost, maintain and repair the Leased Premises in accordance with Article 11 of this Lease and keep the same in good and serviceable condition and in at least as good condition and repair (reasonable wear and tear and casualty loss excepted) as it was on the date this Lease was actually executed or date of occupancy, whichever occurs later, with respect to each portion of the Leased Premises. It is the understanding of the parties that it is the Lessor's responsibility to maintain the exterior of the Leased Premises, the roof, the plumbing, air conditioning in the office areas and heating systems, the sprinkler system, and structural systems, as well as the other items mentioned in Article 10 of this Lease.