Common use of Term of License Clause in Contracts

Term of License. 3.1 This License shall become effective upon Parks’ giving written Notice to Proceed to Licensee following registration with the Comptroller (“Notice to Proceed”). The Concession shall commence (the “Commencement Date”) on the first to occur of (i) the first day that the Licensee opens for business operations at the Licensed Premises, or (ii) nine (9) months from the date of the Notice to Proceed. The period between the Notice to Proceed and the Commencement Date shall be referred to as the “Interim Period.” The Concession shall terminate twenty (20) years from the Commencement Date (the “Termination Date” or “Expiration Date”). The period between the Commencement Date and the Termination Date shall be referred to as the “Term”. In no event shall the Concession become effective prior to registration with the Comptroller. 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner at any time. Such termination shall be effective after twenty-five (25) days written notice is sent to Licensee. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee in the event that this License is terminated by Commissioner as provided for herein. 3.3 Parks may terminate this License for cause as follows: (a) Should Licensee breach or fail to comply with any of the provisions of this License or any Federal, State, or local law, rule, regulation or order affecting this License or the Licensed Premises with regard to any and all matters, Commissioner shall in writing order Licensee to remedy such breach or comply with such provision, law, rule, regulation or order, and in the event that Licensee fails to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from the mailing or facsimile transmission thereof, subject to unavoidable delays beyond the reasonable control of Licensee as determined by Commissioner, then this License shall immediately terminate. In the event such (b) The following shall constitute events of default for which this License may be terminated on one (1) days’ notice: the appointment of any receiver of Licensee’s assets; the making of a general assignment for the benefit of creditors; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, and privileges necessary for the proper conduct and operation of this License; the levy of any attachment or execution which substantially interferes with Licensee’s operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner may terminate this License. 3.4 Upon expiration or sooner termination of this License by Commissioner, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against Commissioner, Parks, or City. 3.5 In the event Commissioner terminates this License for reasons related to Section 3.3 above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease all operations pursuant to this License and shall vacate the Licensed Premises without any further notice by City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, City reserves the right to take immediate possession of the Licensed Premises. 3.7 Licensee shall, upon the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges that any personal property remaining on the Licensed Premises after the expiration or sooner termination of this License is intended by Licensee to be abandoned. Licensee shall remain liable to the City for any damages, including lost revenues and the cost of removal or disposal of property, should Licensee fail to remove all possessions from the Licensed Premises during the time prescribed in this Agreement. Pursuant to Section 4.4 herein, City may use the Security Deposit to recover such damages in part or in whole. 3.8 If this License is terminated as provided herein, and/or upon the expiration of the License, Parks may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor and may dispossess Licensee by summary proceedings or otherwise, without court order or other judicial approval. 3.9 If this License is terminated as provided in Section 3.3 hereof: (a) Parks may draw down on the Security Deposit in accordance with Section 4.4; and (b) Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks may complete all repair, maintenance and construction work required to be performed by Licensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liability, and/or relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability. 3.10 No receipt of moneys by Parks from Licensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, or operate as a waiver of the right of Parks to enforce the payment of fees payable by Licensee hereunder or thereafter falling due, or operate as a waiver of the right of Parks to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of Parks, on account of Licensee’s liability hereunder. 3.11 In the event this License Agreement is terminated, Parks will not reimburse Licensee’s unamortized capital improvement cost.

Term of License. 3.1 This License shall become effective upon Parks’ giving written Notice to Proceed to Licensee following registration with the Comptroller (“Notice to Proceed”). , The Concession shall commence (the “Commencement Date”) on the first to occur of (i) the first day that the Licensee opens for business operations at the Licensed Premises, or (ii) nine (9) months from the date of the Notice to ProceedMay 29, 2021. The period between the Notice to Proceed and the Commencement Date shall be referred to as the “Interim Period.” The Concession shall terminate twenty fifteen (2015) years from the Commencement Date (the “Termination Date” or “Expiration Date”). The period between the Commencement Date and the Termination Date shall be referred to as the “Term”. .” In no event shall the Concession become effective prior to registration with the Comptroller. 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner at any time. Such termination shall be effective after twenty-five (25) days written notice is sent to Licensee. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee in the event that this License is terminated by Commissioner as provided for herein. 3.3 Parks may terminate this License for cause as follows: (a) Should Licensee breach or fail to comply with any of the provisions of this License or any Federal, State, or local law, rule, regulation or order affecting this License or the Licensed Premises with regard to any and all matters, Commissioner shall in writing order Licensee to remedy such breach or comply with such provision, law, rule, regulation or order, and in the event that Licensee fails to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from the mailing or facsimile transmission thereof, subject to unavoidable delays beyond the reasonable control of Licensee as determined by Commissioner, then this License shall immediately terminate. In the event suchsuch breach or failure to comply cannot be remedied within such thirty (30) day period due to reasons beyond Licensee’s control as reasonably determined by Commissioner, the cure period shall be extended for such period as may be reasonably necessary in the Commissioner’s judgment to cure such breach. If said breach or failure to comply is corrected, and a repeated violation of the same provision, law, rule, regulation or order follows at any time thereafter, Commissioner, by notice in writing, may revoke and terminate this License, such revocation and termination to be immediately effective on the mailing thereof. (b) The following shall constitute events of default for which this License may be terminated on one (1) days’ notice: the appointment of any receiver of Licensee’s assets; the making of a general assignment for the benefit of creditors; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, and privileges necessary for the proper conduct and operation of this License; the levy of any attachment or execution which substantially interferes with Licensee’s operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner may terminate this License. 3.4 Upon expiration or sooner termination of this License by Commissioner, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against Commissioner, Parks, or City. 3.5 In the event Commissioner terminates this License for reasons related to Section Paragraphs 3.3 above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease all operations pursuant to this License and shall vacate the Licensed Premises without any further notice by City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, City reserves the right to take immediate possession of the Licensed Premises. 3.7 Licensee shall, upon the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises (unless such property is held by the Commissioner pursuant to Section 3.5) and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges that any personal property remaining on the Licensed Premises after the expiration or sooner termination of this License is intended by Licensee to be abandonedabandoned unless such property is held by the Commissioner pursuant to Section 3.5. Licensee shall remain liable to the City for any damages, including lost revenues and the cost of removal or disposal of property, should Licensee fail to remove all possessions from the Licensed Premises during the time prescribed in this License Agreement. Pursuant to Section 4.4 herein, City may use the Security Deposit to recover such damages in part or in whole. 3.8 If this License is terminated as provided herein, and/or upon the expiration of the License, Parks the City may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor and may dispossess Licensee by summary proceedings or otherwise, without court order or other judicial approval. 3.9 If this License is terminated as provided in Section 3.3 hereof: (a) Parks may draw down on the Security Deposit in accordance with Section 4.4; and (b) Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks may complete all repair, maintenance and construction work required to be performed by Licensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liability, and/or relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability. 3.10 No receipt of moneys by Parks from Licensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, or operate as a waiver of the right of Parks to enforce the payment of fees payable by Licensee hereunder or thereafter falling due, or operate as a waiver of the right of Parks to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of Parks, on account of Licensee’s liability hereunder. 3.11 In the event this License Agreement is terminated, Parks will not reimburse Licensee’s unamortized capital improvement cost.

Term of License. 3.1 This License shall become effective upon Parks’ giving written Notice to Proceed to Licensee following registration with the Comptroller (Comptroller’s Office and commence upon the date written in a written “Notice to Proceed”). The Concession shall commence ” issued to Licensee (the “Commencement Date”) on the first to occur of (i) the first day that the Licensee opens for business operations at the Licensed Premises, or (ii) nine (9) months from the date of the Notice to Proceed). The period between the Notice to Proceed and the Commencement Date shall be referred to as the “Interim Period.” The Concession This License shall terminate twenty (20) years from the Commencement Date (the “Termination Date” or “Expiration Date”). The period between the Commencement Date and the Termination Date shall be referred to as the “Term”. In Licensee shall not commence the operation of any part of the concession granted hereby, until it has received from Parks the Notice to Proceed and in no event shall the Concession become effective prior to registration with the Comptroller. 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner at any time. Such termination shall be effective after twenty-five (25) days written notice is sent to Licensee. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee in the event that this License is terminated by Commissioner as provided for herein. 3.3 Parks may terminate this License for cause as follows: (a) Should Licensee breach or fail to comply with any of the provisions of this License or any Federal, State, or local law, rule, regulation or order affecting this License or the Licensed Premises with regard to any and all matters, Commissioner shall in writing order Licensee to remedy such breach or comply with such provision, law, rule, regulation or order, and in the event that Licensee fails to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from the mailing or facsimile transmission thereofday after such notice is transmitted via next day delivery service, subject to unavoidable delays beyond the reasonable control of Licensee as determined by Commissioner, then this License shall immediately terminate. In the event suchsuch breach or failure to comply cannot be remedied within such thirty (b) The following shall constitute events of default for which this License may be terminated on one (1) days’ written notice: the appointment of any receiver of Licensee’s assets; the making of a general assignment for the benefit of creditors; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, and privileges necessary for the proper conduct and operation of this License; the levy of any attachment or execution which substantially interferes with Licensee’s operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner may terminate this License. 3.4 Upon expiration or sooner termination of this License by Commissioner, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against Commissioner, Parks, or City. 3.5 In the event Commissioner terminates this License for reasons related to Section 3.3 above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease all operations pursuant to this License and shall vacate the Licensed Premises without any further notice by City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, City reserves the right to take immediate possession of the Licensed Premises. 3.7 Licensee shall, upon the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges that any personal (unless such property remaining on the Licensed Premises after the expiration or sooner termination of this License is intended held by Licensee to be abandoned. Licensee shall remain liable to the City for any damages, including lost revenues and the cost of removal or disposal of property, should Licensee fail to remove all possessions from the Licensed Premises during the time prescribed in this Agreement. Pursuant to Section 4.4 herein, City may use the Security Deposit to recover such damages in part or in whole.the 3.8 If this License is terminated as provided herein, and/or upon the expiration of the License, Parks may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor and may dispossess Licensee by summary proceedings or otherwise, without court order or other judicial approval. 3.9 If this License is terminated as provided in Section 3.3 hereof: (a) Parks may draw down on the Security Deposit in accordance with Section 4.44.5; and (b) Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks may complete all repair, maintenance and construction work required to be performed by Licensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liability, and/or relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability, provided that Licensee shall not be responsible for any further Capital Improvements or Alterations nor responsible to complete any further work towards Capital Improvements or Alterations upon re- license or re-permitting of the Licensed Premises. 3.10 No receipt of moneys by Parks from Licensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, or operate as a waiver of the right of Parks to enforce the payment of fees payable by Licensee hereunder or thereafter falling due, or operate as a waiver of the right of Parks to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of Parks, on account of Licensee’s liability hereunder. 3.11 In the event this License Agreement is terminated, Parks Xxxxx will not reimburse Licensee’s unamortized capital improvement cost.

Term of License. ‌ 3.1 This License shall become effective upon ParksXxxxx’ giving written Notice to Proceed to Licensee following registration with the Comptroller (“Notice to Proceed”). The Concession shall commence (the “Commencement Date”) on the first to occur of (i) the first day that the Licensee opens for business operations at the Licensed Premises, or (ii) nine (9) months from the date of the Notice to Proceed. The period between the Notice to Proceed and the Commencement Date shall be referred to as the “Interim Period.” The Concession shall terminate twenty (20) years from the Commencement Date (the “Termination Date” or “Expiration Date”). The period between the Commencement Date and the Termination Date shall be referred to as the “Term”. In no event shall the Concession become effective prior to registration with the Comptroller.This License shall 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner at any time. Such termination shall be effective after twenty-five (25) days written notice is sent to Licensee. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee in the event that this License is terminated by Commissioner as provided for herein. 3.3 Parks may terminate this License for cause as follows: (a) Should Licensee breach or fail to comply with any of the provisions of this License or any Federalfederal, State, State or local law, rule, regulation or order affecting this License or the Licensed Premises with regard to any and all matters, Commissioner shall in writing order Licensee to remedy such breach or comply with such provision, law, rule, regulation or order, and in the event that Licensee fails to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from the mailing or facsimile transmission thereof, subject to unavoidable delays beyond the reasonable control of Licensee as determined by the Commissioner, then this License shall immediately terminate. In the event suchsuch breach or failure to comply cannot be remedied within such thirty (30) day period due to reasons beyond Licensee’s control as determined by the Commissioner, the cure period shall be extended for such period as may be reasonably necessary in the Commissioner’s judgment to cure such breach. If said breach or failure to comply is corrected, and a repeated violation of the same provision, law, rule, regulation or order follows thereafter, Commissioner, by notice in writing, may revoke and terminate this License, such revocation and termination to be immediately effective on the mailing thereof. (b) The following shall constitute events of default for which this License may be terminated on one (1) days’ notice: the appointment of any receiver of Licensee’s assets; the making of a general assignment for the benefit of creditors; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, powers and privileges necessary for the proper conduct and operation of this License; the levy of any attachment or execution which substantially interferes with Licensee’s operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which the Commissioner may terminate this License. 3.4 Upon expiration or sooner termination of this License by Commissioner, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against Commissioner, Parks, Parks or City. 3.5 In the event Commissioner terminates this License for reasons related to Section 3.3 above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease all operations pursuant to this License and shall vacate the Licensed Premises without any further notice by City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, the City reserves the right to take immediate possession of the Licensed Premises. 3.7 Licensee shall, upon the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises (unless such property is held by the Commissioner pursuant to Section 3.5) and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges that any personal property remaining on the Licensed Premises after the expiration or sooner termination of this License is intended by Licensee to be abandoned. Licensee shall remain liable to the City for any damages, including lost revenues and the cost of removal or disposal of property, should Licensee fail to remove all possessions from the Licensed Premises during the time prescribed in this Agreement. Pursuant to Section 4.4 herein, City may use the Security Deposit to recover such damages in part or in whole. 3.8 If this License is terminated as provided herein, and/or upon the expiration of the License, Parks may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor and may dispossess Licensee by summary proceedings or otherwise, without court order or other judicial approval. 3.9 If this License is terminated as provided in Section 3.3 hereof: (a) Parks may draw down on the Security Deposit in accordance with Section 4.4; and (b) Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks may complete all repair, maintenance and construction work required to be performed by Licensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liability, and/or relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability. 3.10 No receipt of moneys by Parks Xxxxx from Licensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, or operate as a waiver of the right of Parks to enforce the payment of fees payable by Licensee hereunder or thereafter falling due, or operate as a waiver of the right of Parks to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of Parks, on account of Licensee’s liability hereunder.the 3.11 In the event this License Agreement is terminated, Parks Xxxxx will not reimburse Licensee’s unamortized capital improvement cost.

Term of License. 3.1 This License shall become effective upon ParksXxxxx’ giving written Notice to Proceed to Licensee following registration with the Comptroller (“Notice to ProceedCommencement Date”). The Concession shall commence (the “Commencement Date”) on the first to occur of (i) the first day that the Licensee opens for business operations at the Licensed Premises, or (ii) nine (9) months from the date of the Notice to Proceed. The period between the Notice to Proceed and the Commencement Date shall be referred to as the “Interim Period.” The Concession This License shall terminate twenty fifteen (2015) years from the Commencement Date (the “Termination Date” or “Expiration Date”), subject to earlier termination pursuant to the terms of this License Agreement. The period between the Commencement Date and the Termination Date shall be referred to as the “Term”. In no event shall the Concession become effective prior to registration with the Comptroller. 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner at any timetime provided, however, that such termination may not be arbitrary and capricious. Such termination shall be effective after twenty-five (25) days written notice is sent to Licensee. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee in the event that this License is terminated by Commissioner as provided for herein. 3.3 Parks may terminate this License for cause as follows: (a) Should Licensee breach or fail to comply with any of the provisions of this License or any Federalfederal, State, or local law, rule, regulation or order affecting this License or the Licensed Premises with regard to any and all matters, Commissioner shall in writing order Licensee to remedy such breach or comply with such provision, law, rule, regulation or order, and in the event that Licensee fails to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from the mailing or facsimile transmission thereof, subject to unavoidable delays beyond the reasonable control of Licensee as determined by Commissioner, then this License shall immediately terminate. In the event suchsuch breach or failure to comply cannot be remedied within such thirty (30) day period due to reasons beyond Licensee’s control as determined by Commissioner, the cure period shall be extended for such period as may be reasonably necessary in the Commissioner’s judgment to cure such breach. If said breach or failure to comply is corrected, and a repeated violation of the same provision, law, rule, regulation or order follows thereafter, Commissioner, by notice in writing, may revoke and terminate this License, such revocation and termination to be immediately effective on the mailing thereof. (b) The following shall constitute events of default for which this License may be terminated on one (1) days’ written notice: the appointment of any receiver of Licensee’s assets; the making of a general assignment for the benefit of creditors; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, and privileges necessary for the proper conduct and operation of this License; the levy of any attachment or execution which substantially interferes with Licensee’s operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner may terminate this License. 3.4 Upon expiration or sooner termination of this License by Commissioner, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against Commissioner, Parks, or City. 3.5 In the event Commissioner terminates this License for reasons related to Section 3.3 above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease all operations pursuant to this License and shall vacate the Licensed Premises without any further notice by City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, City reserves the right to take immediate possession of the Licensed Premises. 3.7 Licensee shall, upon the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises (unless such property is held by the Commissioner pursuant to Section 3.5) and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges that any personal property remaining on the Licensed Premises after the expiration or sooner termination of this License is intended by Licensee to be abandoned. Licensee shall remain liable to the City for any damages, including lost revenues and the cost of removal or disposal of property, should Licensee fail to remove all possessions from the Licensed Premises during the time prescribed in this AgreementAgreement (unless such property is held by the Commissioner pursuant to Section 3.5). Pursuant to Section 4.4 herein, City may use the Security Deposit to recover such damages in part or in whole. 3.8 If this License is terminated as provided herein, and/or upon the expiration of the License, Parks may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor and may dispossess Licensee by summary proceedings or otherwise, without court order or other judicial approval. 3.9 If this License is terminated as provided in Section 3.3 hereof: (a) Parks may draw down on the Security Deposit in accordance with Section 4.4; and (b) Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks may complete all repair, maintenance and construction work required to be performed by Licensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liability, and/or relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability. 3.10 No receipt of moneys by Parks from Licensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, or operate as a waiver of the right of Parks to enforce the payment of fees payable by Licensee hereunder or thereafter falling due, or operate as a waiver of the right of Parks to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of Parks, on account of Licensee’s liability hereunder. 3.11 In the event this License Agreement is terminated, Parks Xxxxx will not reimburse Licensee’s unamortized capital improvement cost.

Term of License. 3.1 This License shall become effective upon Parks’ Parks giving written Notice notice to Proceed proceed to Licensee following registration with the Comptroller (“Notice to Proceed”). The Concession shall commence (the “Commencement Date”) on the first to occur of (i) the first day that the Licensee opens for business operations at the Licensed Premisesand, or (ii) nine (9) months from the date of the Notice to Proceed. The period between the Notice to Proceed and the Commencement Date shall be referred to as the “Interim Period.” The Concession unless terminated sooner in accordance with this License Agreement, shall terminate twenty (20) ten years from the Commencement Date or on the last day of any subsequent renewal periods that are exercised pursuant to this License (the “Termination Date” or “Expiration Date”). The period between the Commencement Date and the Termination Date Expiration Date, including any exercised renewal periods, shall be referred to as the “Term”.” The parties hereto, by mutual agreement, shall have the option to renew this License for up to two (2) additional five-year periods. In no event Each such option must be exercised by either party at least 12 months before what would otherwise be the Termination Date. If either party timely exercises a renewal option, the other party shall use best efforts to respond to such exercise by written notice given within thirty (30) days of such exercise, which notice shall state whether the Concession become effective prior other party accepts or rejects such exercise or requests additional time to registration with the Comptrollermake a decision. 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner at any time; however, such termination shall not be arbitrary and capricious. Such termination shall be effective after twenty-five (25) days written notice is sent to Licensee. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee or any Sublicensee in the event that this License is terminated by the Commissioner as provided for hereinin this Section 3.2. 3.3 Parks may terminate this License for cause as follows: (a) Should Licensee or any Sublicensee breach or fail to comply with any of the provisions of this License or any Federal, State, State or local law, rule, regulation or order affecting this License License, such Sublicensee or the Licensed Premises with regard to any and all mattersPremises, the Commissioner shall in writing order Licensee to remedy such breach or failure. If Licensee fails to remedy such breach or failure within thirty (30) days following the mailing or other transmission of such written order, then the Commissioner shall have the right to terminate this Agreement. Notwithstanding the foregoing, if such breach or failure cannot be remedied within such thirty (30) day period given the nature and scope of such breach or failure or due to reasons beyond Licensee’s control, as reasonably determined by Commissioner, the cure period shall be extended for such period as may be reasonably necessary in the Commissioner’s reasonable judgment to cure such breach. If such breach or failure arises from the acts or omissions of a Sublicensee, as reasonably determined by Commissioner, the cure period shall be reasonably extended by Commissioner beyond such thirty (30) days (not to exceed an additional 30 days) to give Licensee time to induce such Sublicensee to comply with such breach or failure or, if such Sublicensee fails to remedy such breach or failure in a timely manner, for Licensee to terminate the applicable Sublicense and regain possession of the Sublicensed Premises. If a breach or failure to comply is corrected, and a repeated violation of the same provision, law, rule, regulation or orderorder follows thereafter, Commissioner, by notice in writing, may revoke and in the event that Licensee fails terminate this License, such revocation and termination to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from be immediately effective on the mailing or facsimile other transmission thereof, subject to unavoidable delays beyond the reasonable control of Licensee as determined by Commissioner, then this License shall immediately terminate. In the event such. (b) The following shall constitute events of default for which this License may be terminated on one (1) days’ day’s notice: the appointment of any receiver of Licensee’s 's assets; the making of a general assignment for the benefit of creditorscreditors by Licensee; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, powers and privileges necessary for the proper conduct and operation of this License; and the levy of any attachment or execution which substantially interferes with Licensee’s 's operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner may terminate this License. 3.4 Upon the expiration or sooner termination of this License by the Commissioner, all rights of Licensee herein and any Sublicensee shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against the Commissioner, Parks, Parks or the City. 3.5 In the event Commissioner terminates this License for reasons related to Section 3.3 above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease operations and cause any Sublicensee to cease all operations pursuant to this License and shall vacate and cause any Sublicensee to vacate the Licensed Premises without any further notice by the City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, the City reserves the right to take immediate possession of the Licensed Premises. 3.7 3.6 Licensee shall, upon on or prior to the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges date that any personal property remaining on the Licensed Premises after is fifteen (15) days following the expiration or sooner termination of this License is intended by (the fifteen (15) day period beginning on the expiration or sooner termination of this License being the “Removal Period,” and the last day of the Removal Period being the “Removal Deadline”), remove from the Licensed Premises and shall cause any Sublicensee to remove, all Personal Equipment, all Capital Improvements and Alterations or Minor Alterations that are not Additional Fixed Equipment, and Additional Fixed Equipment to which the City has not taken title pursuant to Section 7.2(a) and Section 8.3 (such equipment being “Removal Equipment”). Licensee acknowledges that any Removal Equipment remaining on the Licensed Premises after the Removal Deadline shall be deemed to be abandoned. Licensee shall remain liable to the City for any damages, including lost revenues and the cost of removal or disposal of propertyRemoval Equipment, should Licensee fail to remove all possessions Removal Equipment from the Licensed Premises by the Removal Deadline. During the Removal Period, Licensee shall have the right to enter the Licensed Premises to remove any Removal Equipment, provided that Licensee shall maintain the insurance required by Article 20 hereof during the time prescribed Removal Period and shall indemnify, defend and hold the City and its officials harmless against and all claims and demands of third parties for injury, including death, or property damage, arising out of any such entry and removal, and all liens, judgments, penalties, fines, liabilities, settlements, damages, costs and expenses of whatever kind or nature (including, without limitation, reasonable attorneys’ fees and disbursements), arising from any such claims and demands. In addition, if the removal of Removal Equipment results in damage to the Park and Licensee or such Sublicensee fails to repair such damage to the Commissioner’s reasonable satisfaction and upon such deadline as reasonably determined by the Commissioner, then Licensee shall be responsible for the cost of such repair which shall be promptly paid to Parks upon Parks’ written demand to Licensee (the cost of such removal and the cost of such repair being collectively, “Removal Costs”). 3.7 In addition to Removal Costs, Licensee shall be liable to Parks for the following damages if Parks terminates this Agreement pursuant to Section 3.3: (i) if Parks terminates this Agreement pursuant to Section 3.3 on account of the failure of Licensee to comply with Licensee’s maintenance obligations under this Agreement. Pursuant , the reasonable costs borne by Parks to perform the specific maintenance obligations that Licensee failed to perform in accordance with this Agreement, and (ii) if at the time of any such termination, Licensee commenced an Alteration or Minor Alteration and fails to complete such Alteration or Minor Alteration, Licensee shall be liable for the cost to complete such Alteration or Minor Alteration which shall be promptly paid to Parks upon Parks’ written demand to Licensee; provided, however, that unless the performance by Licensee of such Alteration or Minor Alteration was the basis for Parks terminating this Agreement pursuant to Section 4.4 herein3.3, City may use at the Security Deposit parties’ mutual election Licensee shall have the right to recover complete such Alteration or Minor Alteration at Licensee’s expense and the termination of this Agreement on account thereof shall be suspended until such Alteration or Minor Alteration is completed to the extent necessary for the purposes of completing such Alteration or Minor Alteration. During such time, the Insurance and Indemnification requirements of this Agreement shall remain in force. Except for Removal Costs and such other damages and other sums as are set forth in part or in wholeSections 3.6 and 3.7, Licensee shall not be liable to Parks for any damages if Parks terminates this Agreement pursuant to Section 3.3. Except for Removal Costs, Licensee shall not be liable to Parks for any damages if Parks terminates this Agreement pursuant to Section 3.2. 3.8 If this License is terminated as provided hereinin Section 3.2 or 3.3 hereof, and/or upon the expiration of the License, Parks may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor and may dispossess Licensee and any Sublicensee by summary proceedings or otherwise, without court order or other judicial approvallegal means. 3.9 If Except as otherwise provided in Section 3.7, if this License is terminated as provided in Section 3.3 hereof: (a) Parks may draw down on the Security Deposit in accordance with Section 4.4; and (b) Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks may complete all repair, maintenance and construction work required to be performed by Licensee or any Sublicensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liabilityadvisable, and/or which will not be at Licensee’s expense, and Parks may relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability. 3.10 No receipt of moneys by Parks from Licensee or any Sublicensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, Licensee or operate as a waiver of the right of Parks to enforce the payment of fees payable by Licensee hereunder or thereafter falling dueany Sublicensee, or operate as a waiver of the right of Parks to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of Parks, on account of Licensee’s liability hereunder. 3.11 In the event this License Agreement is terminated, Parks Xxxxx will not reimburse Licensee’s or any Sublicensee’s unamortized capital improvement cost.

Term of License. 3.1 This License shall become effective upon Parks’ giving written Notice to Proceed to Licensee following registration with the Comptroller (Comptroller’s Office and commence upon the date written in a written “Notice to Proceed”). The Concession shall commence ” issued to Licensee (the “Commencement Date”) on ). Licensee shall not commence the first to occur operation of (i) any part of the first day that the Licensee opens for business operations at the Licensed Premisesconcession granted hereby, or (ii) nine (9) months until it has received from the date of Parks the Notice to Proceed. The period between the Notice to Proceed and the Commencement Date shall be referred to as the “Interim Period.” The Concession This license shall terminate twenty seven (207) years from the Commencement Date (the “Termination Date” or “Expiration Date”). The period between the Commencement Date and the Termination Date shall be referred to as the “Term”. In no event shall the Concession become effective prior to registration with the Comptroller. 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner at any time. Such termination shall be effective after twenty-five (25) days written notice is sent to Licensee. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee in the event that this License is terminated by Commissioner as provided for herein. 3.3 Parks may terminate this License for cause as follows: (a) Should Licensee breach or fail to comply with any of the provisions of this License or any Federal, State, or local law, rule, regulation or order affecting this License or the Licensed Premises with regard to any and all matters, Commissioner shall in writing order Licensee to remedy such breach or comply with such provision, law, rule, regulation or order, and in the event that Licensee fails to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from the mailing or facsimile transmission thereof, subject to unavoidable delays beyond the reasonable control of Licensee as determined by Commissioner, then this License shall immediately terminate. In the event suchsuch breach or failure to comply cannot be remedied within such thirty (30) day period due to reasons beyond Licensee’s control as determined by Commissioner, the cure period shall be extended for such period as may be reasonably necessary in the Commissioner’s judgment to cure such breach. If said breach or failure to comply is corrected, and a repeated violation of the same provision, (b) The following shall constitute events of default for which this License may be terminated on one (1) days’ written notice: the appointment of any receiver of Licensee’s assets; the making of a general assignment for the benefit of creditors; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, and privileges necessary for the proper conduct and operation of this License; the levy of any attachment or execution which substantially interferes with Licensee’s operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner may terminate this License. 3.4 Upon expiration or sooner termination of this License by Commissioner, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against Commissioner, Parks, or City. 3.5 In the event Commissioner terminates this License for reasons related to Section 3.3 above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease all operations pursuant to this License and shall vacate the Licensed Premises without any further notice by City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, City reserves the right to take immediate possession of the Licensed Premises. 3.7 Licensee shall, upon the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises (unless such property is held by the Commissioner pursuant to Section 3.5) and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges that any personal property remaining on the Licensed Premises after the expiration or sooner termination of this License is intended by Licensee to be abandoned. Licensee shall remain liable to the City for any damages, including lost revenues and the cost of removal or disposal of property, should Licensee fail to remove all possessions from the Licensed Premises during the time prescribed in this Agreement. Pursuant to Section 4.4 herein, City may use the Security Deposit to recover such damages in part or in whole. 3.8 If this License is terminated as provided herein, and/or upon the expiration of the License, Parks may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor and may dispossess Licensee by summary proceedings or otherwise, without court order or other judicial approval.therefor 3.9 If this License is terminated as provided in Section 3.3 hereof: (a) Parks may draw down on the Security Deposit in accordance with Section 4.4; and (b) Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks may complete all repair, maintenance and construction work required to be performed by Licensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liability, and/or relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability, provided that Licensee shall not be responsible for any further Capital Improvements or Alterations nor responsible to complete any further work towards Capital Improvements or Alterations upon re- license or re-permitting of the Licensed Premises. 3.10 No receipt of moneys by Parks from Licensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, or operate as a waiver of the right of Parks to enforce the payment of fees payable by Licensee hereunder or thereafter falling due, or operate as a waiver of the right of Parks to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of Parks, on account of Licensee’s liability hereunder. 3.11 In the event this License Agreement is terminated, Parks Xxxxx will not reimburse Licensee’s unamortized capital improvement cost.

Term of License. 3.1 This License shall become effective upon Parks’ Parks giving written Notice to Proceed to Licensee following registration with the Comptroller (“Notice to Proceed”). The Concession shall commence (the “Commencement Date”) on the first to occur of (i) the first day that the Licensee opens for business operations at the Licensed Premises, or (ii) nine (9) months from the date of the Notice to ProceedNovember 15, 2021. The period between the Notice to Proceed and the Commencement Date shall be referred to as the “Interim Period.” The Concession shall terminate twenty five (205) years from the Commencement Date (the “Termination Date” or “Expiration Date”). The period between the Commencement Date and the Termination Date Expiration Date, including any exercised renewal period, shall be referred to as the “Term”. Parks, in its sole discretion, shall have the option to renew this License for one additional six-month period by giving written notice to Licensee no later than ninety (90) days prior to the initial Expiration Date. In no event shall the Concession become effective prior to registration with the Comptroller. 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner at any time, it being agreed that the Commissioner shall not act in an arbitrary and capricious manner. Such termination shall be effective after twenty-five (25) days days’ written notice is sent to Licensee. In the event of such termination, Licensee shall not be obligated to make payments set forth in Section 4 beyond such early termination date, except for balances outstanding and unpaid as of the effect date of termination. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee in the event that this License is terminated by Commissioner as provided for herein. 3.3 Parks may terminate this License for cause as follows: (a) Should Licensee breach or fail to comply in any material respect with any of the provisions of this License or fail to comply in any respect with any Federal, State, State or local law, rule, regulation or order affecting this the License or the Licensed Premises with regard to any and all matters, Commissioner shall in writing order Licensee to remedy such breach or comply with such provision, law, rule, regulation or order, and in the event that Licensee fails to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from the mailing or facsimile transmission thereof, subject to unavoidable delays beyond the reasonable control of Licensee as determined by Commissioner, then this License shall immediately terminate. In the event suchall (b) The following shall constitute events of default for which this License may be terminated on one ten (110) days’ notice: the appointment of any receiver of Licensee’s 's assets; the making of a general assignment by Licensee for the benefit of creditors; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, powers and privileges necessary for the proper conduct and operation of this LicenseConcession; the levy of any attachment or execution which substantially interferes with Licensee’s 's operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner may terminate this License. 3.4 Upon expiration or sooner termination of this License by Commissioner, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against Commissioner, Parks, Parks or City. 3.5 In the event Commissioner terminates this License for reasons related to Section Paragraphs 3.3 above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the amounts owed by Licensee hereunder, at the time of termination of this License, is are paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease all operations pursuant to this License and shall vacate the Licensed Premises without any further notice by City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, City reserves the right to take immediate possession of the Licensed Premises. 3.7 Licensee shall, upon the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises and leave unless such property is held by the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear exceptedCommissioner pursuant to Section 3.5. Licensee acknowledges that any personal property remaining on the Licensed Premises after within fifteen (15) days following the expiration or sooner termination of this License is intended by Licensee to be abandoned. Licensee shall remain liable to abandoned unless such property is held by the City for any damages, including lost revenues and the cost of removal or disposal of property, should Licensee fail to remove all possessions from the Licensed Premises during the time prescribed in this Agreement. Pursuant to Section 4.4 herein, City may use the Security Deposit to recover such damages in part or in whole.Commissioner 3.8 If this License is terminated as provided herein, and/or upon the expiration of the License, Parks may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor and may dispossess Licensee by summary proceedings or otherwise, without court order or other judicial approval. 3.9 If this License is terminated as provided in Section 3.3 hereof: (a) Parks may draw down on the Security Deposit in accordance with Section 4.4; and (b) Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks may complete all repair, maintenance and construction work required to be performed by Licensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks may reasonably deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liability, and/or relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability. (b) Parks may draw down on the Security Deposit in accordance with Section 4.7 and Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement provided the Licensed Premises are not re-licensed or operated at an equal or higher license fee (if at a lower fee, then only the net difference shall be owed by Licensee.) 3.10 No receipt of moneys by Parks from Licensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, or operate as a waiver of the right of Parks to enforce the payment of fees payable by Licensee hereunder or thereafter falling due, or operate as a waiver of the right of Parks to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of Parks, on account of Licensee’s liability hereunder. 3.11 In the event this License Agreement is terminated, Parks will not reimburse Licensee’s unamortized capital improvement cost.

Term of License. 3.1 This License shall become effective upon Parks’ DOT giving written Notice to Proceed to Licensee following registration with the Comptroller (“Notice to Proceed”). The and the Concession shall commence (the “Commencement Date”) on the first to occur of of: (i) the first day that the Licensee opens for business operations at the Licensed Premises, ; or (ii) nine (9) months from the six-month anniversary of the date of the Notice to ProceedProceed (“Commencement Date”), provided, however, that DOT may extend such period if DOT has determined that Licensee’s Capital Improvement work cannot be completed by such date (to the extent required to be completed by such date) due to circumstances beyond the control of Licensee as set forth in the second sentence of Section 6.9 or any delay by DOT or any City, State, or Federal permitting authority not attributable to Licensee, such determination of extension by DOT not to be unreasonably delayed, and shall terminate ten (10) years from the Commencement Date (“Termination Date” or Expiration Date”). The period between the Notice to Proceed and the Commencement Date of this License shall be referred to as the “Interim Period.” The Concession shall terminate twenty (20) years from the Commencement Date (the “Termination Date” or “Expiration Date”). The period between the Commencement Date and the Termination Date shall be referred to as the “Term”. Licensee may not commence business operations at the Licensed Premises prior to the Commencement Date. At DOT’s sole discretion, this License may be renewed for up to two (2) additional five-year terms commencing on the Expiration Date and upon such renewal, shall extend the Term for such period(s). DOT shall provide Licensee with sixty (60) days’ advance written notice of its intent to renew. In no event shall the Concession become effective prior to registration with the Comptroller. 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner DOT at any time; however, such termination shall not be arbitrary or capricious. Such termination shall be effective after twenty-five (25) days written notice is sent to Licensee. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee in the event that this License is terminated by Commissioner DOT as provided for herein. 3.3 Parks DOT may terminate this License for cause as follows: (a) Should Licensee breach or fail to comply with any of the provisions of this License or any Federal, State, State or local law, rule, regulation or order affecting this License or the Licensed Premises with regard to any and all matters, Commissioner DOT shall in writing order Licensee to remedy such breach or comply with such provision, law, rule, regulation or order, and in the event that Licensee fails to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from the mailing or facsimile transmission thereof, subject to unavoidable delays beyond the reasonable control of Licensee as determined by CommissionerLicensee, then this License shall immediately terminate. In the event suchsuch breach or failure to comply cannot be remedied within such thirty (30) day period due to reasons beyond Licensee’s control, the cure period shall be extended for such period as may be reasonably necessary in DOT’s judgment to cure such breach. If said breach or failure to comply is corrected, and a repeated violation of the same provision, law, rule, regulation or order follows thereafter, DOT, by notice in writing, may revoke and terminate this License, such revocation and termination to be immediately effective on the mailing thereof. (b) The following shall constitute events of default for which this License may be terminated on one three (13) days’ notice: the appointment of any receiver of Licensee’s 's assets; the making of a general assignment for the benefit of creditors; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, powers and privileges necessary for the proper conduct and operation of this License; the levy of any attachment or execution which substantially interferes with Licensee’s 's operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner DOT may terminate this License. 3.4 Upon expiration or sooner termination of this License by CommissionerDOT, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against Commissioner, Parks, or the City. 3.5 In the event Commissioner DOT terminates this License for reasons related to Section Paragraphs 3.3 above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner DOT in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease all operations pursuant to this License and shall vacate the Licensed Premises without any further notice by City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, City reserves the right to take immediate possession of the Licensed Premises. 3.7 Licensee shall, upon the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges that any personal property remaining on the Licensed Premises after the expiration or sooner termination of this License is intended by Licensee to be abandoned. Licensee shall remain liable to the City for any damages, including lost revenues and the cost of removal or disposal of property, should Licensee fail to remove all possessions from the Licensed Premises during the time prescribed in this Agreement. Pursuant to Section 4.4 5 herein, City may use the Security Deposit to recover such damages in part or in whole. 3.8 If this License is terminated as provided herein, and/or upon the expiration of the License, Parks DOT may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor and may dispossess Licensee by summary proceedings or otherwise, without court order or other judicial approval. 3.9 If this License is terminated as provided in Section 3.3 hereof: (a) Parks DOT may draw down on the Security Deposit in accordance with Section 4.45; and (b) Licensee shall pay to Parks DOT all fees payable under this License Agreement by Licensee to Parks DOT to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted permitted, which DOT shall extend its reasonable efforts to accomplish, at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks DOT may complete all repair, maintenance and construction work required to be performed by Licensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks DOT may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liability, and/or relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks DOT shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability. 3.10 No receipt of moneys by Parks DOT from Licensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, or operate as a waiver of the right of Parks DOT to enforce the payment of fees payable by Licensee hereunder or thereafter falling due, or operate as a waiver of the right of Parks DOT to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks DOT may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of ParksDOT, on account of Licensee’s liability hereunder. 3.11 In the event this License Agreement is terminated, Parks DOT will not reimburse Licensee’s unamortized capital improvement cost.

Term of License. 3.1 This License shall become effective upon ParksXxxxx’ giving written Notice to Proceed to Licensee following registration with the Comptroller (“Notice to Proceed”). The Concession shall commence (the “Commencement Date”) on the first to occur of (i) the first day that the Licensee opens for business operations at the Licensed Premises), or (ii) nine (9) months from the date of the Notice to Proceed. The period between the Notice to Proceed and the Commencement Date shall be referred to as the “Interim Period.” The Concession shall terminate twenty seventeen (2017) years from the Commencement Date (the “Termination Date” or “Expiration Date”). The period between the Commencement Date and the Termination Date shall be referred to as the “Term”. In no event shall the Concession become effective prior to registration with the Comptroller. 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner at any time. Such termination shall be effective after twenty-five (25) days written notice is sent to Licensee. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee in the event that this License is terminated by Commissioner as provided for herein. 3.3 Parks may terminate this License for cause as follows: (a) Should Licensee breach or fail to comply with any of the provisions of this License or any Federal, State, or local law, rule, regulation or order affecting this License or the Licensed Premises with regard to any and all matters, Commissioner shall in writing order Licensee to remedy such breach or comply with such provision, law, rule, regulation or order, and in the event that Licensee fails to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from the mailing or facsimile transmission thereof, subject to unavoidable delays beyond the reasonable control of Licensee as determined by Commissioner, then this License shall immediately terminate. In the event suchsuch breach or failure to comply cannot be remedied within such thirty (30) day period due to reasons beyond Licensee’s control as determined by Commissioner, the cure period shall be extended for such period as may be reasonably necessary in the Commissioner’s judgment to cure such breach. (b) The following shall constitute events of default for which this License may be terminated on one (1) days’ notice: the appointment of any receiver of Licensee’s assets; the making of a general assignment for the benefit of creditors; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, and privileges necessary for the proper conduct and operation of this License; the levy of any attachment or execution which substantially interferes with Licensee’s operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner may terminate this License. 3.4 Upon expiration or sooner termination of this License by Commissioner, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against Commissioner, Parks, or City. 3.5 In the event Commissioner terminates this License for reasons related to Section Paragraphs 3.3 above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease all operations pursuant to this License and shall vacate the Licensed Premises without any further notice by City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, City reserves the right to take immediate possession of the Licensed Premises. 3.7 Licensee shall, upon the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges that any personal property remaining on the Licensed Premises after the expiration or sooner termination of this License is intended by Licensee to be abandoned. Licensee shall remain liable to the City for any damages, including lost revenues and the cost of removal or disposal of property, should Licensee fail to remove all possessions from the Licensed Premises during the time prescribed in this Agreement. Pursuant to Section 4.4 herein, City may use the Security Deposit to recover such damages in part or in whole. 3.8 If this License is terminated as provided herein, and/or upon the expiration of the License, Parks may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor and may dispossess Licensee by summary proceedings or otherwise, without court order or other judicial approval. 3.9 If this License is terminated as provided in Section 3.3 hereof: (a) Parks may draw down on the Security Deposit in accordance with Section 4.4; and (b) Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks may complete all repair, maintenance and construction work required to be performed by Licensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liability, and/or relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability. 3.10 No receipt of moneys by Parks from Licensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, or operate as a waiver of the right of Parks to enforce the payment of fees payable by Licensee hereunder or thereafter falling due, or operate as a waiver of the right of Parks to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of Parks, on account of Licensee’s liability hereunder. 3.11 In the event this License Agreement is terminated, Parks Xxxxx will not reimburse Licensee’s unamortized capital improvement cost. 3.12 Parks and Licensee are aware of a proposed project by the State of New York and the Port Authority of New York & New Jersey to construct the LaGuardia Air Train (the “Proposed Project”) on or around the Licensed Premises. In the event Parks determines, in its sole discretion, that a portion of the Premises will be permanently rendered unusable due to the Proposed Project, the Parties agree to meet in good faith to determine whether mutually agreeable modifications to the License Agreement can be made in order to continue this concession. Upon Parks’ determination, in its sole discretion, that (i) mutually agreeable modifications cannot be made or

Term of License. 3.1 This License shall become effective upon Parks’ Parks giving written Notice notice to Proceed proceed to Licensee following registration with the Comptroller (“Notice to Proceed”). The Concession shall commence (the “Commencement Date”) on the first to occur of (i) the first day that the Licensee opens for business operations at the Licensed Premisesand, or (ii) nine (9) months from the date of the Notice to Proceed. The period between the Notice to Proceed and the Commencement Date shall be referred to as the “Interim Period.” The Concession unless terminated sooner in accordance with this License Agreement, shall terminate twenty (20) ten years from the Commencement Date or on the last day of any subsequent renewal periods that are exercised pursuant to this License (the “Termination Date” or “Expiration Date”). The period between the Commencement Date and the Termination Date Expiration Date, including any exercised renewal periods, shall be referred to as the “Term”.” The parties hereto, by mutual agreement, shall have the option to renew this License for up to two (2) additional five-year periods. In no event Each such option must be exercised by either party at least 12 months before what would otherwise be the Termination Date. If either party timely exercises a renewal option, the other party shall use best efforts to respond to such exercise by written notice given within thirty (30) days of such exercise, which notice shall state whether the Concession become effective prior other party accepts or rejects such exercise or requests additional time to registration with the Comptrollermake a decision. 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner at any time; however, such termination shall not be arbitrary and capricious. Such termination shall be effective after twenty-five (25) days written notice is sent to Licensee. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee or any Sublicensee in the event that this License is terminated by the Commissioner as provided for hereinin this Section 3.2. 3.3 Parks may terminate this License for cause as follows: (a) Should Licensee or any Sublicensee breach or fail to comply with any of the provisions of this License or any Federal, State, State or local law, rule, regulation or order affecting this License License, such Sublicensee or the Licensed Premises with regard to any and all mattersPremises, the Commissioner shall in writing order Licensee to remedy such breach or failure. If Licensee fails to remedy such breach or failure within thirty (30) days following the mailing or other transmission of such written order, then the Commissioner shall have the right to terminate this Agreement. Notwithstanding the foregoing, if such breach or failure cannot be remedied within such thirty (30) day period given the nature and scope of such breach or failure or due to reasons beyond Licensee’s control, as reasonably determined by Commissioner, the cure period shall be extended for such period as may be reasonably necessary in the Commissioner’s reasonable judgment to cure such breach. If such breach or failure arises from the acts or omissions of a Sublicensee, as reasonably determined by Commissioner, the cure period shall be reasonably extended by Commissioner beyond such thirty (30) days (not to exceed an additional 30 days) to give Licensee time to induce such Sublicensee to comply with such breach or failure or, if such Sublicensee fails to remedy such breach or failure in a timely manner, for Licensee to terminate the applicable Sublicense and regain possession of the Sublicensed Premises. If a breach or failure to comply is corrected, and a repeated violation of the same provision, law, rule, regulation or orderorder follows thereafter, Commissioner, by notice in writing, may revoke and in the event that Licensee fails terminate this License, such revocation and termination to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from be immediately effective on the mailing or facsimile other transmission thereof, subject to unavoidable delays beyond the reasonable control of Licensee as determined by Commissioner, then this License shall immediately terminate. In the event such. (b) The following shall constitute events of default for which this License may be terminated on one (1) days’ day’s notice: the appointment of any receiver of Licensee’s 's assets; the making of a general assignment for the benefit of creditorscreditors by Licensee; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, powers and privileges necessary for the proper conduct and operation of this License; and the levy of any attachment or execution which substantially interferes with Licensee’s 's operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner may terminate this License. 3.4 Upon the expiration or sooner termination of this License by the Commissioner, all rights of Licensee herein and any Sublicensee shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against the Commissioner, Parks, Parks or the City. 3.5 In the event Commissioner terminates this License for reasons related to Section 3.3 above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease operations and cause any Sublicensee to cease all operations pursuant to this License and shall vacate and cause any Sublicensee to vacate the Licensed Premises without any further notice by the City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, the City reserves the right to take immediate possession of the Licensed Premises. 3.7 3.6 Licensee shall, upon on or prior to the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges date that any personal property remaining on the Licensed Premises after is fifteen (15) days following the expiration or sooner termination of this License is intended by (the fifteen (15) day period beginning on the expiration or sooner termination of this License being the “Removal Period,” and the last day of the Removal Period being the “Removal Deadline”), remove from the Licensed Premises and shall cause any Sublicensee to remove, all Personal Equipment, all Capital Improvements and Alterations or Minor Alterations that are not Additional Fixed Equipment, and Additional Fixed Equipment to which the City has not taken title pursuant to Section 7.2(a) and Section 8.3 (such equipment being “Removal Equipment”). Licensee acknowledges that any Removal Equipment remaining on the Licensed Premises after the Removal Deadline shall be deemed to be abandoned. Licensee shall remain liable to the City for any damages, including lost revenues and the cost of removal or disposal of propertyRemoval Equipment, should Licensee fail to remove all possessions Removal Equipment from the Licensed Premises by the Removal Deadline. During the Removal Period, Licensee shall have the right to enter the Licensed Premises to remove any Removal Equipment, provided that Licensee shall maintain the insurance required by Article 20 hereof during the time prescribed Removal Period and shall indemnify, defend and hold the City and its officials harmless against and all claims and demands of third parties for injury, including death, or property damage, arising out of any such entry and removal, and all liens, judgments, penalties, fines, liabilities, settlements, damages, costs and expenses of whatever kind or nature (including, without limitation, reasonable attorneys’ fees and disbursements), arising from any such claims and demands. In addition, if the removal of Removal Equipment results in damage to the Park and Licensee or such Sublicensee fails to repair such damage to the Commissioner’s reasonable satisfaction and upon such deadline as reasonably determined by the Commissioner, then Licensee shall be responsible for the cost of such repair which shall be promptly paid to Parks upon Parks’ written demand to Licensee (the cost of such removal and the cost of such repair being collectively, “Removal Costs”). 3.7 In addition to Removal Costs, Licensee shall be liable to Parks for the following damages if Parks terminates this Agreement pursuant to Section 3.3: (i) if Parks terminates this Agreement pursuant to Section 3.3 on account of the failure of Licensee to comply with Licensee’s maintenance obligations under this Agreement. Pursuant , the reasonable costs borne by Parks to perform the specific maintenance obligations that Licensee failed to perform in accordance with this Agreement, and (ii) if at the time of any such termination, Licensee commenced an Alteration or Minor Alteration and fails to complete such Alteration or Minor Alteration, Licensee shall be liable for the cost to complete such Alteration or Minor Alteration which shall be promptly paid to Parks upon Parks’ written demand to Licensee; provided, however, that unless the performance by Licensee of such Alteration or Minor Alteration was the basis for Parks terminating this Agreement pursuant to Section 4.4 herein3.3, City may use at the Security Deposit parties’ mutual election Licensee shall have the right to recover complete such Alteration or Minor Alteration at Licensee’s expense and the termination of this Agreement on account thereof shall be suspended until such Alteration or Minor Alteration is completed to the extent necessary for the purposes of completing such Alteration or Minor Alteration. During such time, the Insurance and Indemnification requirements of this Agreement shall remain in force. Except for Removal Costs and such other damages and other sums as are set forth in part or in wholeSections 3.6 and 3.7, Licensee shall not be liable to Parks for any damages if Parks terminates this Agreement pursuant to Section 3.3. Except for Removal Costs, Licensee shall not be liable to Parks for any damages if Parks terminates this Agreement pursuant to Section 3.2. 3.8 If this License is terminated as provided hereinin Section 3.2 or 3.3 hereof, and/or upon the expiration of the License, Parks may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor and may dispossess Licensee and any Sublicensee by summary proceedings or otherwise, without court order or other judicial approvallegal means. 3.9 If Except as otherwise provided in Section 3.7, if this License is terminated as provided in Section 3.3 hereof: (a) Parks may draw down on the Security Deposit in accordance with Section 4.4; and (b) Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks may complete all repair, maintenance and construction work required to be performed by Licensee or any Sublicensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liabilityadvisable, and/or which will not be at Licensee’s expense, and Parks may relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability. 3.10 No receipt of moneys by Parks from Licensee or any Sublicensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, Licensee or operate as a waiver of the right of Parks to enforce the payment of fees payable by Licensee hereunder or thereafter falling dueany Sublicensee, or operate as a waiver of the right of Parks to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of Parks, on account of Licensee’s liability hereunder. 3.11 In the event this License Agreement is terminated, Parks will not reimburse Licensee’s or any Sublicensee’s unamortized capital improvement cost.

Term of License. 3.1 This License shall become effective upon Parks’ giving written Notice to Proceed to Licensee following registration with the Comptroller (Comptroller’s Office and commence upon the date written in a “Notice to Proceed”). The Concession shall commence ” issued to Licensee (the “Commencement Date”) on ). Licensee shall not commence the first to occur operation of (i) any part of the first day that the Licensee opens for business operations at the Licensed PremisesConcession granted hereby, or (ii) nine (9) months until it has received from the date of Parks the Notice to Proceed. The period between the Notice to Proceed and the Commencement Date shall be referred to as the “Interim Period.” The Concession This License Agreement shall terminate twenty (20) years from the Commencement Date (the “Termination Date” or “Expiration Date”). The period between of time from the Commencement Date and to the Termination Date Date, shall be referred to as the License Term (“Term”). In no event Within the Term, the Licensee shall operate the Concession become effective prior to registration with the ComptrollerLicensed Premises as a Tennis Center at a minimum from April 1 through November 30 each Operating Year, unless otherwise approved by Parks. 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner in the Commissioner’s sole discretion, at any time; however, such termination shall not be arbitrary and capricious. Such termination shall be effective after twenty-five (25) days after written notice is sent to Licensee. The Commissioner, the City, its employees employees, and agents shall not be liable for damages to Licensee in the event that resulting from an early termination of this License is terminated by Commissioner as provided for herein. 3.3 Parks may terminate this License for cause as follows: (a) Should Licensee breach or fail to comply with any of the provisions of this License or any Federal, State, or local law, rule, regulation regulation, or order affecting this the License or the Licensed Premises with regard to any and all matters, Commissioner shall may in writing order Licensee to remedy such breach or to comply with such provision, law, rule, regulation regulation, or order, and in the event that Licensee fails to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from the mailing or facsimile electronic transmission thereof, or such longer period required to cure such breach if Licensee has expeditiously commenced curing such breach and is diligently prosecuting such cure to completion, subject to unavoidable delays beyond the reasonable control of Licensee as determined by CommissionerLicensee, then this License shall immediately terminate. In terminate upon the event suchCommissioner’s written notice to Licensee advising (b) The following shall constitute events of default for which this License may be terminated on one (1) days’ day’s written notice: the appointment of any receiver of Licensee’s 's assets; the making of a general assignment for the benefit of creditors; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, and privileges necessary for the proper conduct and operation of this the License; the levy of any attachment or execution which substantially interferes with Licensee’s 's operations under this License and which attachment or execution is not vacated, dismissed, stayed stayed, or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner may terminate this License. 3.4 Upon expiration or sooner termination of this License by Commissioner, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment investment, or any other payment whatsoever against Commissioner, Parks, or City. 3.5 In the event Commissioner terminates this License for reasons related to Section Sections 3.3 (a) or (b) above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease all operations pursuant to this License and shall vacate the Licensed Premises without any further notice by City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, City reserves the right to take immediate possession of the Licensed Premises. 3.7 Licensee shall, upon on or before the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises Premises, unless such property is held by the Commissioner pursuant to Section 3.5, and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges that any personal property remaining on the Licensed Premises after the expiration or sooner termination of this License License, except for any such property retained by the Commissioner pursuant to Section 3.5, is intended by Licensee to be have been abandoned. Licensee shall remain liable to the City for any damages, including lost revenues and the cost of removal or disposal of property, should Licensee fail to remove all possessions from the Licensed Premises during on or before the time prescribed in this AgreementTermination Date. Pursuant to Section 4.4 herein, City may use the Security Deposit to recover such damages in part whole or in wholepart. 3.8 If this License is terminated as provided hereinin Section 3.3 hereof, and/or or upon the expiration of the License, Parks may, without notice, re-enter and repossess the Licensed Premises using such lawful force for that purpose as may be necessary without being liable to indictment, prosecution prosecution, or damages therefor thereof and may dispossess Licensee by summary proceedings or otherwise, without court order or other judicial approval. 3.9 If this License is terminated as provided in Section 3.3 hereof: (a) Parks may draw down on the Security Deposit in accordance with Section 4.4; and (b) Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks to the Termination Date or in the event of earlier termination, to the effective date of termination and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this the License Agreement, provided the Licensed Premises are not re-licensed or re-permitted at an equal or of higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks may complete all repair, maintenance maintenance, and construction work required to be performed by Licensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liability, and/or or relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability. 3.10 No receipt of moneys by Parks from Licensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, Agreement shall reinstate, continue continue, or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, or operate as a waiver of the right of Parks to enforce the payment of fees payable by Licensee hereunder or thereafter falling due, or operate as a waiver of the right of Parks to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks may demand, receive receive, and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit suit, or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of Parks, on account of Licensee’s liability hereunder. 3.11 In the event this License Agreement is terminated, Parks Xxxxx will not reimburse Licensee’s unamortized capital improvement cost.

Term of License. 3.1 This License shall become effective upon Parks’ giving written Notice to Proceed to Licensee following registration with the Comptroller (Comptroller’s Office and commence upon the date written in a written “Notice to Proceed”)” issued to Licensee. The Concession shall commence (the “Commencement Date”) on the first to occur of (i) the first day that the Licensee opens for business operations at the Licensed Premises, or (ii) nine (9) months from the date of the Notice to Proceed. The period between the Notice to Proceed and the Commencement Date shall be referred to as the “Interim Period.” The Concession This license shall terminate twenty eighteen (2018) years from the Commencement Date (the “Termination Date” or “Expiration Date”). The period between the Commencement Date and the Termination Date shall be referred to as the “Term”. In no event shall the Concession become effective prior to registration with the Comptroller. 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner at any time; however, a decision to terminate may not be made in an arbitrary and capricious manner. Such termination shall be effective after twenty-five (25) days written notice is sent to Licensee. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee in the event that this License is terminated by Commissioner as provided for herein. 3.3 Parks may terminate this License for cause as follows: (a) Should Licensee breach or fail to comply with any of the provisions of this License or any Federal, State, or local law, rule, regulation or order affecting this License or the Licensed Premises with regard to any and all matters, Commissioner shall in writing order Licensee to remedy such breach or comply with such provision, law, rule, regulation or order, and in the event that Licensee fails to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from the mailing or facsimile transmission thereof, subject to unavoidable delays beyond the reasonable control of Licensee as determined by Commissioner, then this License shall immediately terminate. In the event suchsuch breach or failure to comply cannot be remedied within such thirty (30) day period due to reasons beyond Licensee’s control as determined by Commissioner, the cure period shall be extended for such period as may be reasonably necessary in the Commissioner’s judgment to cure such breach. If said breach or failure to comply is corrected, and a repeated violation of the same provision, law, rule, regulation or order follows thereafter, Commissioner, by notice in writing, may revoke and terminate this License, such revocation and termination to be immediately effective on the mailing thereof. (b) The following shall constitute events of default for which this License may be terminated on one (1) days’ notice: the appointment of any receiver of Licensee’s assets; the making of a general assignment for the benefit of creditors; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, and privileges necessary for the proper conduct and operation of this License; the levy of any attachment or execution which substantially interferes with Licensee’s operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner may terminate this License. 3.4 Upon expiration or sooner termination of this License by Commissioner, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against Commissioner, Parks, or City. 3.5 In the event Commissioner terminates this License for reasons related to Section 3.3 above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease all operations pursuant to this License and shall vacate the Licensed Premises without any further notice by City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, City reserves the right to take immediate possession of the Licensed Premises. 3.7 Licensee shall, upon the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises (unless such property is held by the Commissioner pursuant to Section 3.5) and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges that any personal property remaining on the Licensed Premises after the expiration or sooner termination of this License is intended by Licensee to be abandoned. Licensee shall remain liable to the City for any damages, including lost revenues and the cost of removal or disposal of property, should Licensee fail to remove all possessions from the Licensed Premises during the time prescribed in this Agreement. Pursuant to Section 4.4 herein, City may use the Security Deposit to recover such damages in part or in whole. 3.8 If this License is terminated as provided herein, and/or upon the expiration of the License, Parks may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor and may dispossess Licensee by summary proceedings or otherwise, without court order or other judicial approval. 3.9 If this License is terminated as provided in Section 3.3 hereof: (a) Parks may draw down on the Security Deposit in accordance with Section 4.4; and (b) Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks may complete all repair, maintenance and construction work required to be performed by Licensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liability, and/or relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability. 3.10 No receipt of moneys by Parks from Licensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, or operate as a waiver of the right of Parks to enforce the payment of fees payable by Licensee hereunder or thereafter falling due, or operate as a waiver of the right of Parks to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of Parks, on account of Licensee’s liability hereunder.shall 3.11 In the event this License Agreement is terminated, Parks Xxxxx will not reimburse Licensee’s unamortized capital improvement cost.

Term of License. 3.1 This License shall become effective upon Parks’ giving written Notice to Proceed to Licensee following registration with the Comptroller (Comptroller’s Office and commence upon the date written in a written “Notice to Proceed”). The Concession shall commence ” issued to Licensee (the “Commencement Date”) on ). Subject to earlier termination pursuant to the first to occur terms of this License Agreement, this License shall terminate upon the earliest occurrence of one of the following: (i) the first day that the Licensee opens for business operations at the Licensed Premises, or ten (ii) nine (9) months from the date of the Notice to Proceed. The period between the Notice to Proceed and the Commencement Date shall be referred to as the “Interim Period.” The Concession shall terminate twenty (2010) years from the Commencement Date Date; (the ii) termination by Licensee of this License upon an NPS directive; or (iii) termination of Licensee’s NPS Agreement, (collectively, “Termination Date” or “Expiration Date”). The period between the Commencement Date and the Termination Date shall be referred to as the “Term”. In Licensee shall not commence the operation of any part of the concession granted hereby, until it has received from Parks the Notice to Proceed and in no event shall the Concession become effective prior to registration with the Comptroller. Parks acknowledges that during the Term, NPS may require Licensee to conduct its operations out of a location other than the Licensed Premises, necessitating the early termination of this License Agreement. Upon notification from NPS to Parks of such relocation, Xxxxx agrees to terminate this License Agreement and agrees to not pursue any claims against Licensee for lost revenue related to such early termination of the License Agreement, and the License fee will be reduced on a pro rata basis. 3.2 (a) Notwithstanding any language contained herein, this License is terminable at will by the Commissioner at any time. Such termination shall be effective after twenty-five (25) days written notice is sent to Licensee. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee in the event that this License is terminated by Commissioner as provided for herein. (b) Upon expiration or sooner termination of this License by Commissioner, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against Commissioner, Parks, or City. 3.3 Parks may terminate this License for cause as follows: (a) Should Licensee breach or fail to comply with any of the provisions of this License or License, any Federalfederal, State, state or local law, rule, regulation or order affecting this the License or the Licensed Premises with regard to any and all matters, Commissioner shall may in writing order Licensee to remedy such breach or to comply with such provision, law, rule, regulation or order, and in the event that Licensee fails to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from the mailing thereof, or facsimile transmission thereofsuch longer period required to cure such breach if Licensee has expeditiously commenced curing such breach and is diligently prosecuting such cure to completion, subject to unavoidable delays beyond the reasonable control of Licensee as determined by CommissionerLicensee, then this License shall immediately terminateterminate upon the written notice of Commissioner to Licensee advising that the License is terminated. In If said breach or failure to comply is corrected, and a repeated violation of the event suchsame provision, law, rule, regulation or order follows within one (1) year of the initial breach, other than nonmaterial breaches or omissions, Commissioner, by notice in writing, may revoke and terminate this License, such revocation and termination to be (b) The following shall constitute events of default for which this License may be terminated on one (1) days’ day notice: the appointment of any receiver of Licensee’s 's assets; the making of a general assignment for the benefit of creditors; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, powers and privileges necessary for the proper conduct and operation of this the License; the levy of any attachment or execution which substantially interferes with Licensee’s 's operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner may limit the Commissioner’s right to terminate this LicenseLicense pursuant to Section 3.2 hereof. 3.4 Upon expiration or sooner termination of this License by Commissioner, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against Commissioner, Parks, or City. 3.5 In the event Commissioner terminates this License for reasons related to Section 3.3 (a) or (b) above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 3.5 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease all operations pursuant to this License and shall vacate the Licensed Premises without any further notice by City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, City reserves the right to take immediate possession of the Licensed Premises. 3.7 3.6 Licensee shall, upon the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises (unless such property is held by the Commissioner pursuant to Section 3.4) and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges that any personal property remaining on the Licensed Premises after the expiration or sooner termination of this License is intended by Licensee to be abandoned. Licensee shall remain liable to the City for any damages, including lost revenues and the cost of removal or disposal of property, should Licensee fail to remove all possessions from the Licensed Premises during the time prescribed in this Agreement. Pursuant to Section 4.4 herein, City may use the Security Deposit to recover such damages in part or in whole, however City’s recovery of such damages shall not be limited by the Security Deposit. 3.8 3.7 If this License is terminated as provided herein, and/or upon the expiration of the License, Parks may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution prosecution, or damages therefor and may dispossess Licensee by summary proceedings or otherwise, without court order or other judicial approval. 3.9 3.8 If this License is terminated as provided in Section 3.3 hereof: (a) Parks may draw down on the Security Deposit in accordance with Section 4.4; and (b) and Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (cb) Parks may complete all repair, maintenance and construction work required to be performed by Licensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liability, and/or relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability, provided that Licensee shall not be responsible for any further Capital Improvements or Alterations nor responsible to complete any further work towards Capital Improvements or Alterations upon relicense or re-permitting of the Licensed Premises. 3.10 3.9 No receipt of moneys by Parks from Licensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, Agreement shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, or operate as a waiver of the right of Parks to enforce the payment of fees payable by Licensee hereunder or thereafter falling due, or operate as a waiver of the right of Parks to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of Parks, Parks on account of Licensee’s liability hereunder. 3.11 In the event 3.10 Should NPS require Licensee to terminate this License Agreement is terminatedin order to move to another location and to enter into a similar license for those facilities and after formal notification by NPS to Parks documenting such directive to Licensee, Parks will Xxxxx agrees not reimburse Licensee’s unamortized capital improvement costto pursue any claims for lost revenues related to such early termination of said License.

Term of License. 3.1 This License shall Licenseshall become effective upon Parks’ DOT giving written Notice to Proceed to Licensee following registration with the Comptroller (“Notice to Proceed”). The Proceed”)and the Concession shall commence (the “Commencement Date”) on the first to occur of of: (i) the first day that the Licensee opens for business operations at the Licensed Premises, ; or (ii) nine (9) months from the six-month anniversary of the date of the Notice to ProceedProceed (“Commencement Date”), provided, however, that DOT may extend such period if DOT has determined that Licensee’s Capital Improvement work cannot be completed by such date (to the extent required to be completed by such date) due to circumstances beyond the control of Licensee as set forth in the second sentence of Section 6.9 or any delay by DOT or any City, State, or Federal permitting authority not attributable to Licensee, such determination of extension by DOT not to be unreasonably delayed, and shall terminate five (5) years from the Commencement Date (“Termination Date” or Expiration Date”). The period between the Notice to Proceed and the Commencement Date of this License shall be referred to as the “Interim Period.” The Concession shall terminate twenty (20) years from the Commencement Date (the “Termination Date” or “Expiration Date”). The period between the Commencement Date and the Termination Date shall be referred to as the “Term”. Licensee may not commence business operations at the Licensed Premises prior to the Commencement Date. At DOT’s sole discretion, this License may be renewed for up to three (3) additional five-year terms commencing on the Expiration Date and upon such renewal, shall extend the Termfor such period(s). DOT shall provide Licensee with sixty (60) days’ advance written notice of its intent to renew. In no event shall the Concession become effective prior to registration with the Comptroller. 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner DOT at any time. Such termination shall be effective after twenty-five (25) days written notice is sent to Licensee. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee in the event that this License is terminated by Commissioner DOT as provided for herein. 3.3 Parks DOT may terminate this License for cause as follows: (a) Should Licensee breach or fail to comply with any of the provisions of this License or any Federal, State, State or local law, rule, regulation or order affecting this License or the Licensed Premises with regard to any and all matters, Commissioner DOT shall in writing order Licensee to remedy such breach or comply with such provision, law, rule, regulation or order, and in the event that Licensee fails to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from the mailing or facsimile transmission thereof, subject to unavoidable delays beyond the reasonable control of Licensee as determined by CommissionerLicensee, then this License shall immediately terminate. In the event suchsuch breach or failure to comply cannot be remedied within such thirty (30) day period due to reasons beyond Licensee’s control, the cure period shall be extended for such period as may be reasonably necessary in DOT’s judgment to cure such breach. If said breach or failure to comply is corrected, and a repeated violation of the same provision, law, rule, regulation or order follows thereafter, DOT, by notice in writing, may revoke and terminate this License, such revocation and termination to be immediately effective on the mailing thereof. (b) The following shall constitute events of default for which this License may be terminated on one three (13) days’ day’s notice: the appointment of any receiver of Licensee’s 's assets; the making of a general assignment for the benefit of creditors; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, powers and privileges necessary for the proper conduct and operation of this License; the levy of any attachment or execution which substantially interferes with Licensee’s 's operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner DOT may terminate this License. 3.4 Upon expiration or sooner termination of this License by CommissionerDOT, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against Commissioner, Parks, or the City. 3.5 In the event Commissioner DOT terminates this License for reasons related to Section Paragraphs 3.3 above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner DOT in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease all operations pursuant to this License and shall vacate the Licensed Premises without any further notice by City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, City reserves the right to take immediate possession of the Licensed Premises. 3.7 Licensee shall, upon the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges that any personal property remaining on the Licensed Premises after the expiration or sooner termination of this License is intended by Licensee to be abandoned. Licensee shall remain liable to the City for any damages, including lost revenues and the cost of removal or disposal of property, should Licensee fail to remove all possessions from the Licensed Premises during the time prescribed in this Agreement. Pursuant to Section 4.4 5 herein, City may use the Security Deposit to recover such damages in part or in whole. 3.8 If this License is terminated as provided herein, and/or upon the expiration of the License, Parks DOT may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor and may dispossess Licensee by summary proceedings or otherwise, without court order or other judicial approval. 3.9 If this License is terminated as provided in Section 3.3 hereof: (a) Parks DOT may draw down on the Security Deposit in accordance with Section 4.45; and (b) Licensee shall pay to Parks DOT all fees payable under this License Agreement by Licensee to Parks DOT to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted re- permitted, which DOT shall extend its reasonable efforts to accomplish, at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks DOT may complete all repair, maintenance and construction work required to be performed by Licensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks DOT may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liability, and/or relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks DOT shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability. 3.10 No receipt of moneys by Parks DOT from Licensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, or operate as a waiver of the right of Parks DOT to enforce the payment of fees payable by Licensee hereunder or thereafter falling due, or operate as a waiver of the right of Parks DOT to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks DOT may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of ParksDOT, on account of Licensee’s liability hereunder. 3.11 In the event this License Agreement is terminated, Parks DOT will not reimburse Licensee’s unamortized capital improvement cost.

Term of License. 3.1 This License shall become effective upon Parks’ giving written Notice to Proceed to Licensee following registration with the Comptroller (Comptroller’s Office, and commence upon the date written in a written “Notice to Proceed”). The Concession shall commence ” issued to Licensee (the “Commencement Date”) on the first to occur of (i) the first day that the Licensee opens for business operations at the Licensed Premises, or (ii) nine (9) months from the date of the Notice to Proceed). The period between the Notice to Proceed and the Commencement Date shall be referred to as the “Interim Period.” The Concession This license shall terminate twenty (20) years from the Commencement Date (the “Termination Date” or “Expiration Date”). The period between the Commencement Date and the Termination Date shall be referred to as the “Term”. In no event shall the Concession become effective prior to registration with the Comptroller. 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner at any time. Such termination shall be effective after twenty-five (25) days written notice is sent to Licensee. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee in the event that this License is terminated by Commissioner as provided for herein.written 3.3 Parks may terminate this License for cause as follows: (a) Should Licensee breach or fail to comply with any of the provisions of this License or any Federal, State, or local law, rule, regulation or order affecting this License or the Licensed Premises with regard to any and all matters, Commissioner shall in writing order Licensee to remedy such breach or comply with such provision, law, rule, regulation or order, and in the event that Licensee fails to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order within thirty (30) days from the mailing or facsimile transmission thereof, subject to unavoidable delays beyond the reasonable control of Licensee as determined by Commissioner, then this License shall immediately terminate. In the event suchsuch breach or failure to comply cannot be remedied within such thirty (30) day period due to reasons beyond Licensee’s control as determined by Commissioner, the cure period shall be extended for such period as may be reasonably necessary in the Commissioner’s judgment to cure such breach. If said breach or failure to comply is corrected, and a repeated violation of the same provision, law, rule, regulation or order follows thereafter, Commissioner, by notice in writing, may revoke and terminate this License, such revocation and termination to be immediately effective on the mailing thereof. (b) The following shall constitute events of default for which this License may be terminated on one (1) days’ written notice: the appointment of any receiver of Licensee’s assets; the making of a general assignment for the benefit of creditors; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers, and privileges necessary for the proper conduct and operation of this License; the levy of any attachment or execution which substantially interferes with Licensee’s operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner may terminate this License. 3.4 Upon expiration or sooner termination of this License by Commissioner, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against Commissioner, Parks, or City. 3.5 In the event Commissioner terminates this License for reasons related to Section 3.3 above, any property of the Licensee on the Licensed Premises may be held and used by Commissioner in order to operate the License during the balance of the calendar year and may be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease all operations pursuant to this License and shall vacate the Licensed Premises without any further notice by City and without resort to any judicial proceeding by the City. Upon the expiration or sooner termination of this License, City reserves the right to take immediate possession of the Licensed Premises. 3.7 Licensee shall, upon the expiration or sooner termination of this License, remove all personal possessions from the Licensed Premises (unless such property is held by the Commissioner pursuant to Section 3.5) and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges that any personal property remaining on the Licensed Premises after the expiration or sooner termination of this License is intended by Licensee to be abandoned. Licensee shall remain liable to the City for any damages, including lost revenues and the cost of removal or disposal of property, should Licensee fail to remove all possessions from the Licensed Premises during the time prescribed in this Agreement. Pursuant to Section 4.4 herein, City may use the Security Deposit to recover such damages in part or in whole. 3.8 If this License is terminated as provided herein, and/or upon the expiration of the License, Parks may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor and may dispossess Licensee by summary proceedings or otherwise, without court order or other judicial approval. 3.9 If this License is terminated as provided in Section 3.3 hereof: (a) Parks may draw down on the Security Deposit in accordance with Section 4.4; and (b) Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks may complete all repair, maintenance and construction work required to be performed by Licensee hereunder and may repair and alter any portion(s) of the Licensed Premises in such manner as Parks may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liability, and/or relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability. 3.10 No receipt of moneys by Parks from Licensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, or operate as a waiver of the right of Parks to enforce the payment of fees payable by Licensee hereunder or thereafter falling due, or operate as a waiver of the right of Parks to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises or, at the election of Parks, on account of Licensee’s liability hereunder. 3.11 In the event this License Agreement is terminated, Parks will not reimburse Licensee’s unamortized capital improvement cost.

Term of License. 3.1 Subject to Section 14, the term of this License shall commence on the Effective Date. This License shall become effective continue until it is terminated upon Parks’ giving written Notice to Proceed to Licensee following registration with the Comptroller (“Notice to Proceed”). The Concession shall commence (the “Commencement Date”) on the first to occur of (i) the first day that the Licensee opens for business operations at the Licensed Premises, or (ii) nine (9) months from the date one of the Notice to Proceed. The period between the Notice to Proceed and the Commencement Date shall be referred to as the “Interim Period.” The Concession shall terminate twenty (20) years from the Commencement Date (the “Termination Date” or “Expiration Date”). The period between the Commencement Date and the Termination Date shall be referred to as the “Term”. In no event shall the Concession become effective prior to registration with the Comptroller.following occurrences, whichever is earliest: 3.2 Notwithstanding any language contained herein, this License is terminable at will by the Commissioner at any time. Such termination shall be effective after twenty-five (25) days written notice is sent to Licensee. The Commissioner, the City, its employees and agents shall not be liable for damages to Licensee in the event that this License is terminated by Commissioner as provided for herein. 3.3 Parks a. Either party may terminate this License for cause as follows:by giving the non-terminating party at least thirty (30) calendar days advance written notice. (a) Should Licensee breach or fail to comply with any b. The License shall be deemed terminated upon Licensee’s discontinuance of the provisions use of Structure for one continuous year or abandonment and removal of Structure. In removing Structure from Property, Licensee shall restore Property and all existing improvements thereon to their condition prior to construction of Structure. c. If Licensee defaults with respect to any obligation, covenant or condition of this License or any Federal, State, or local law, rule, regulation or order affecting this License or the Licensed Premises with regard to any and all matters, Commissioner shall in writing order Licensee to remedy such breach or comply with such provision, law, rule, regulation or order, and in the event that Licensee fails to comply with such written notice or commence, in good faith and with due diligence, efforts to comply with such order correct the default within thirty (30) days after receipt of notice from City to do so, City may immediately terminate this License by notice to Licensee. d. Upon termination of Licensee’s ownership interest in Structure. e. Upon the following date, unless extended by in writing, executed by both parties: [insert no. of years] years from the mailing or facsimile transmission thereof, subject to unavoidable delays beyond the reasonable control of Licensee as determined by Commissioner, then this License shall immediately terminateEffective Date. In the event such (b) The following shall constitute events of default for which this License may be terminated on one (1) days’ notice: the appointment of any receiver of Licensee’s assets; the making of a general assignment for the benefit of creditors; the occurrence of any act which operates termination pursuant to deprive Licensee permanently of the rights, powers, and privileges necessary for the proper conduct and operation of this License; the levy of any attachment or execution which substantially interferes with Licensee’s operations under this License and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60subsection 3(a) days. (c) Nothing contained in paragraphs (a) or (b) above shall be deemed to imply or be construed to represent an exclusive enumeration of circumstances under which Commissioner may terminate this License. 3.4 Upon expiration or sooner termination of this License by Commissioner, all rights of Licensee herein shall be forfeited without claim for loss, damages, refund of investment or any other payment whatsoever against Commissioner, Parks, or City. 3.5 In the event Commissioner terminates this License for reasons related to Section 3.3 above, any property Fee paid to City hereunder will be prorated and any remainder, after complete removal of the Licensee on the Licensed Premises may be held Structure and used by Commissioner in order to operate the License during the balance repair of the calendar year and may Property, will be held and used thereafter until all indebtedness of the Licensee hereunder, at the time of termination of this License, is paid in full. 3.6 Licensee agrees that upon the expiration or sooner termination of this License, it shall immediately cease all operations pursuant returned to this License and shall vacate the Licensed Premises without any further notice by City and without resort to any judicial proceeding by the CityLicensee. Upon the expiration or sooner termination of this License, City reserves the right to take immediate possession of the Licensed Premises. 3.7 Licensee shall, upon the expiration or sooner termination of this Licenseat Licensee’s sole cost and expense, remove all personal possessions from the Licensed Premises and leave the Licensed Premises in as good or better condition as at the Commencement Date, reasonable wear and tear excepted. Licensee acknowledges that any personal property remaining on the Licensed Premises within thirty (30) days after the expiration date of the notice of termination or sooner termination of this within thirty (30) days after the date the License is intended by Licensee to be abandoned. Licensee shall remain liable to the City for any damagesdeemed terminated, including lost revenues and the cost of removal or disposal of property, should Licensee fail to remove all possessions from the Licensed Premises during the time prescribed in this Agreement. Pursuant to Section 4.4 herein, City may use the Security Deposit to recover such damages in part or in whole. 3.8 If this License is terminated as provided herein, and/or upon the expiration of the License, Parks may, without notice, re-enter and repossess the Licensed Premises using such force for that purpose as may be necessary without being liable to indictment, prosecution or damages therefor and may dispossess Licensee by summary proceedings or otherwise, without court order or other judicial approval. 3.9 If this License is terminated as provided set forth in Section 3.3 hereof: Subsection (ae) Parks above, whichever of the foregoing may draw down on the Security Deposit in accordance with Section 4.4; and (b) Licensee shall pay to Parks all fees payable under this License Agreement by Licensee to Parks first occur, remove Structure from Property and restore Property and any improvements thereon to the Termination Date and Licensee shall remain liable for fees thereafter falling due on the respective dates when such fees would have been payable but for the termination of this License Agreement, provided the Licensed Premises are not re-licensed or re-permitted at an equal or higher fee (if at a lower fee, then only the net difference shall be owed by Licensee); and (c) Parks may complete all repair, maintenance and construction work required to be performed by Licensee hereunder and may repair and alter any portion(s) condition that it was in as of the Licensed Premises in such manner as Parks date Licensee entered Property to commence construction of Structure. If Licensee fails to remove Structure and restore Property within the time period provided, City may deem necessary or advisable without relieving Licensee of any liability under this License Agreement or otherwise affecting any such liability, and/or relicense the Licensed Premises or any portion thereof for the whole or any part of the remainder of the Interim Period or the Term or for a longer period. Parks shall in no way be responsible or liable for any failure to relicense any portion(s) of the Licensed Premises or for any failure to collect any fees due on any such relicensing, and no such failure to relicense or to collect fees shall operate to relieve Licensee of any liability under this License Agreement or to otherwise affect any such liability. 3.10 No receipt of moneys by Parks from Licensee after the termination of this License Agreement, or after the giving of any notice of the termination of this License Agreement, shall reinstate, continue or extend the Interim Period or the Term or affect any notice theretofore given to Licensee, or operate as a waiver of the right of Parks to enforce the payment of fees payable by Licensee hereunder or thereafter falling due, or operate as a waiver of the right of Parks to recover possession of the Licensed Premises by proper remedy. After the service of notice to terminate this License Agreement or the commencement of any suit or summary proceedings or after a final order or judgment for the possession of the Licensed Premises, Parks may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting the notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Licensed Premises orat its option perform said work, at the election of Parks, on account expense of Licensee’s liability hereunder, which expense Licensee agrees to pay to City upon demand. 3.11 In the event this License Agreement is terminated, Parks will not reimburse Licensee’s unamortized capital improvement cost.