Common use of Use and Care of Premises Clause in Contracts

Use and Care of Premises. 7.1 The Premises may be used only for the purpose or purposes specified in Section 1.1(k) above, and for no other purpose or purposes without the prior written consent of Landlord, which consent may be withheld in Landlord’s reasonable discretion. Tenant shall use in the transaction of business in the Premises any of the trade names specified in Section 1.1(e) above and no other trade name without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall in good faith continuously throughout the Term conduct and carry on in the entire Premises the type of business for which the Premises are leased, in compliance with all applicable Laws (defined below). Tenant must give Landlord immediate written notice on Tenant’s becoming aware that the use or condition of the Premises is in violation of any applicable local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances and other requirements of governmental authorities now or hereafter in effect (individually a “Law”, or collectively, “Laws”). Notwithstanding anything to the contrary contained in the Lease, Tenant shall not use or permit the use of space in the Premises for any of the following: (a) adult bookstore; (b) adult movie theater or entertainment facility; (c) billiard or pool hall; (d) game parlor (except in connection with Tenant’s Permitted Use); (e) massage parlor; (f) any industrial purpose; or (g) medical offices. Tenant acknowledges that Landlord may hereafter grant exclusive uses to other tenants or occupants of the Building or other prohibited uses for the benefit of such other tenant or occupant, and Tenant agrees that neither it nor any successor, concessionaire, subtenant or assignee shall use the Premises, or any part thereof, in any way that would violate any such exclusive or prohibited use hereafter granted of which Tenant has received written notice, so long as such exclusive or prohibited use does not prohibit the primary use of the Premises for the Permitted Use. Tenant covenants and agrees that it will not withhold or delay its written acknowledgment of the addition of any such exclusive or prohibited use if such acknowledgment is requested in writing by Landlord, and in the event Tenant fails to furnish such written acknowledgment of such addition within fifteen (15) days after Tenant’s receipt of Landlord’s written request therefor, Tenant shall be deemed to have given such written acknowledgment as of the expiration of such fifteen (15)-day period. 7.2 In addition, Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity, or place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be evidence that the increase in such rate is due to such act of Tenant or the contents or equipment in or about the Premises, and, as a result thereof, Tenant shall be liable for such increase and shall be considered additional Rent payable with the next monthly installment of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises or brought into the Building any dangerous, noxious, radioactive or explosive substance (except for licensed theatrical pyrotechnic effects). All property kept, stored or maintained within the Premises by Tenant shall be at Tenant’s sole risk.

Use and Care of Premises. 7.1 (a) The Premises may be used only for the purpose or purposes specified in Section 1.1(k) above, Permitted Use and for no other purpose or purposes without the prior written consent of Landlord. (b) Tenant, at Tenant's expense, shall comply with all laws, ordinances, and regulations of federal, state, and local authorities pertaining to Tenant's use of the Premises and with the recorded covenants, conditions, and restrictions, regardless of when they become effective, including, without limitation, the Americans with Disabilities Act of 1990 and all applicable federal, state, and local laws, ordinances, or regulations pertaining to air and water quality, Hazardous Material, waste disposal, air emissions, and other environmental matters, all zoning and other land use matters, utility availability, and with any direction of any public officer or officers, pursuant to law, which consent may be withheld in Landlord’s reasonable discretion. shall impose any duty upon Landlord or Tenant with respect to the use or occupation of the Premises. (c) Tenant shall use (i) not cause or permit any Hazardous Material to be brought upon, kept, or used in the transaction of business in or about the Premises any of the trade names specified in Section 1.1(e) above and no other trade name by Tenant or its contractors or subcontractors, or its or their agents, or employees, without the prior written consent of Landlord, which consent Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be unreasonably withheldused, conditioned or delayed. Tenant shall kept, and stored in good faith continuously throughout the Term conduct and carry on in the entire Premises the type of business for which the Premises are leased, in compliance a manner that complies with all applicable Laws (defined below). Tenant must give Landlord immediate written notice on Tenant’s becoming aware that the use or condition of the Premises is in violation of laws regulating any applicable local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances and other requirements of governmental authorities now or hereafter in effect (individually a “Law”such Hazardous Material so brought upon, or collectively, “Laws”). Notwithstanding anything to the contrary contained in the Lease, Tenant shall not use or permit the use of space in the Premises for any of the following: (a) adult bookstore; (b) adult movie theater or entertainment facility; (c) billiard or pool hall; (d) game parlor (except in connection with Tenant’s Permitted Use); (e) massage parlor; (f) any industrial purpose; or (g) medical offices. Tenant acknowledges that Landlord may hereafter grant exclusive uses to other tenants or occupants of the Building or other prohibited uses for the benefit of such other tenant or occupant, and Tenant agrees that neither it nor any successor, concessionaire, subtenant or assignee shall use the Premisesused, or any part thereof, in any way that would violate any such exclusive or prohibited use hereafter granted of which Tenant has received written notice, so long as such exclusive or prohibited use does not prohibit the primary use of the Premises for the Permitted Use. Tenant covenants and agrees that it will not withhold or delay its written acknowledgment of the addition of any such exclusive or prohibited use if such acknowledgment is requested in writing by Landlord, and in the event Tenant fails to furnish such written acknowledgment of such addition within fifteen (15) days after Tenant’s receipt of Landlord’s written request therefor, Tenant shall be deemed to have given such written acknowledgment as of the expiration of such fifteen (15)-day period. 7.2 In addition, Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity, or place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be evidence that the increase in such rate is due to such act of Tenant or the contents or equipment kept in or about the Premises. If Tenant breaches the obligations stated in the preceding sentence, andor if the presence of Hazardous Material on the Premises caused or permitted by Tenant results in contamination of the Premises, or if contamination of the Premises by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnity, defend, and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact on marketing of space, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which arise during or after the lease term as a result thereofof such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or permitted by Tenant results in any contamination of the Premises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material to the Premises; provided that Landlord's approval of such actions shall first be liable obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises. The foregoing indemnity shall survive the expiration or earlier termination of this Lease Landlord hereby warrants to the best of its knowledge that as of the Commencement Date of the Lease no contamination of the Premises has occurred as the result of the use, storage or presence of any Hazardous Material on the Premises. In the event that contamination is determined to have existed prior to the Commencement Date of this Lease then in that event Landlord shall, for all contamination that arose or existed on or prior to the Commencement Date, indemnify, defend, and hold Tenant harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, as well as any sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which arise during the lease term as a result of such increase and shall be considered additional Rent payable with contamination. (d) At the next monthly installment commencement of Base Rent due under this Lease. In no event , and on January 1 of each year thereafter, including January 1 of the year after the termination of this Lease, Tenant shall Tenant introduce disclose to Landlord the names and amounts of all Hazardous Materials, or permit to be kept any combination thereof, which were stored, used, or disposed of on the Premises, or which Tenant intends to store, use, or dispose of on the Premises. (e) Tenant shall not, without Landlord's prior written consent, keep anything within the Premises for any purpose which increases the insurance premium cost or brought into invalidates any insurance policy carried on the Building Premises. Tenant shall pay as Additional Rent, upon demand by Landlord, any dangeroussuch increased premium cost due to Tenant's use or occupation of the Premises. Except to the extent prohibited by law, noxious, radioactive or explosive substance (except for licensed theatrical pyrotechnic effects). All all property kept, stored stored, or maintained within the Premises by Tenant shall be at Tenant’s 's sole risk. (f) Tenant shall take good care of the Premises and keep the same free from waste at all times. Tenant shall keep the Premises and sidewalks, service-ways, and loading areas adjacent to the Premises neat, clean, and free from dirt, rubbish, insects, and pests at all times, and shall store all trash and garbage within appropriate containers, arranging for the regular pickup of such trash and garbage at Tenant's expense. (g) Tenant shall procure, at its sole expense, any permits and licenses required for the transaction of business in the Premises and otherwise comply with all applicable laws, ordinances, and governmental regulations that affect the Premises either now or in the future. Notwithstanding the foregoing, Landlord agrees to provide any consents for any permits and licenses necessary to operate the business on the Premises, and shall not unreasonably withhold said consent. (h) Tenant shall procure, at its sole expense, any permits and/or licenses required for the use and operation of the Equipment. Notwithstanding the foregoing, Landlord agrees to provide any consent for any permits and licenses necessary to operate the Equipment on the Premises, and shall not unreasonably withhold said consent.

Use and Care of Premises. 7.1 The 6.1 Subject to those exceptions set forth in Section 7.5 below, Tenant shall in good faith continuously throughout the Term of this lease conduct and carry on in the entire Premises may the type of business described in Section 1.1 (q) and no material portion of the Premises shall not be used only for the purpose or purposes specified in Section 1.1(k) above, and for no of any other purpose or purposes without the purpose. Any other use shall be subject to Landlord’s prior written consent of Landlordapproval, which consent may shall not be withheld in Landlord’s reasonable discretionunreasonably withheld, conditioned or delayed. Tenant shall use Tenant’s Trade Name in the transaction of business in the Premises. Tenant shall not sell, display or solicit sales in the Common Areas. Tenant shall not use or permit the use of any vending machines or public telephones on, at or about the Premises any of the trade names specified in Section 1.1(e) above and no other trade name without the reasonable prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall in good faith continuously throughout the Term conduct and not knowingly commit waste, perform any acts or carry on any practices which will injure the Shopping Center or be a nuisance or menace to other tenants in the entire Premises Shopping Center. Tenant shall operate is business in a commercially reasonable manner and in accordance with reasonably high standards of store operation so as to maintain a character in keeping with the type rest of business for which Shopping Center, and shall, at all times when the Premises are leasedopen for business with the public, in compliance keep the Premises properly equipped with all applicable Laws (defined below)fixtures and attended by adequate personnel. Tenant must give Landlord immediate written notice on Please initial: Landlord: Tenant’s becoming aware that : 6.2 In the use or condition and occupancy of the Premises is in violation of any applicable local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances and other requirements of governmental authorities now or hereafter in effect (individually a “Law”, or collectively, “Laws”). Notwithstanding anything to the contrary contained in the LeasePremises, Tenant shall not use comply with all laws and ordinances and any other applicable government or permit the use of space in agency thereof applicable to the Premises for any of the following: (a) adult bookstore; (b) adult movie theater or entertainment facility; (c) billiard or pool hall; (d) game parlor (except in connection with Tenant’s Permitted Use); (e) massage parlor; (f) any industrial purpose; or (g) medical offices. Tenant acknowledges that Landlord may hereafter grant exclusive uses to other tenants or occupants of the Building or other prohibited uses for the benefit of such other tenant or occupant, and Tenant agrees that neither it nor any successor, concessionaire, subtenant or assignee shall use the Premises, or any part thereof, in any way that would violate any such exclusive or prohibited use hereafter granted of which Tenant has received written notice, so long as such exclusive or prohibited use does not prohibit the primary use of the Premises for the Permitted Use. Tenant covenants and agrees that it will not withhold or delay its written acknowledgment of the addition all requirements of any such exclusive or prohibited use if such acknowledgment is requested in writing by Landlord, and in the event Tenant fails to furnish such written acknowledgment of such addition within fifteen (15) days after Tenant’s receipt of Landlord’s written request therefor, Tenant shall be deemed to have given such written acknowledgment as of the expiration of such fifteen (15)-day periodpublic agency having authority over insurance rates. 7.2 In addition, 6.3 Tenant shall not knowingly conduct cause or permit any Hazardous Material to be conducted in the Premises any activitybrought upon, kept or place any equipment used in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representativescontractors or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord’s reasonable satisfaction that such Hazardous Material is necessary or contractorsuseful to Tenant’s business and will be used, kept and stored in a manner that complies with all laws regulating any such statement Hazardous Material so brought upon or threat shall be evidence that the increase in such rate is due to such act of Tenant used or the contents or equipment kept in or about the Premises). Notwithstanding the foregoing, andLandlord recognizes and acknowledges that Tenant or its agents may use and store within the Premises reasonable quantities of customary office and cleaning supplies; provided such items are stored, used and disposed of in accordance with applicable federal, state or local law. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises caused or permitted by Tenant results in contamination of the Premises, or if contamination of the Premises by Hazardous Material otherwise occurs, then Tenant shall Indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of leased or usable space or of any amenity of the Premises, damages arising from any adverse Impact or marketing of space, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the lease term as a result thereofof such contamination. This Indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or permitted by Tenant results in any contamination of the Premises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material to the Premises; provided that Landlord’s approval of such actions shall first be liable for obtained, which approval shall not be unreasonably withheld so long as such increase and shall be considered additional Rent payable with the next monthly installment of Base Rent due under this Lease. In no event shall Tenant introduce actions would not potentially have any material adverse long-term or permit to be kept short-term effect on the Premises Premises. Landlord represents and warrants that to the best of its knowledge and belief there are no Hazardous Materials on, in or brought into under the Building Premises, land or Shopping Center. Landlord covenants not to bring onto the land or Shopping Center, any Hazardous Materials. Landlord’s covenant shall survive the expiration or earlier termination of this lease. Landlord shall indemnify Tenant and hold it harmless against any claims, damages, losses or liabilities (including reasonable attorney’s fees) incurred by Tenant and arising from any breach of the foregoing representation and warranty and from the presence or removal of the Hazardous Materials. As used herein, the term “Hazardous Material” means dangerous, noxioushazardous or toxic substance, radioactive material or explosive substance (except for licensed theatrical pyrotechnic effects). All property keptwaste which is or becomes regulated by any, stored or maintained within local governmental authority, the State in which the Premises by Tenant shall be at Tenant’s sole riskare located or the United States Government.

Use and Care of Premises. 7.1 5.1 The Leased Premises may shall be used only for the purpose or purposes specified in Section 1.1(k) abovePermitted Use. Outside storage, including without limitation, trucks and for no other purpose or purposes vehicles, is prohibited without the Landlord’s prior written consent of Landlord, which consent may be withheld in Landlord’s reasonable discretion. Tenant shall use in the transaction of business in the Premises any of the trade names specified in Section 1.1(e) above and no other trade name without the prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall in good faith continuously throughout the Term conduct at its own cost and carry on in the entire Premises the type of business expense obtain any and all licenses and permits necessary for which the Premises are leased, in compliance any such use. Tenant shall comply with all applicable Laws (defined below)governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the Leased Premises, all at Tenant’s sole expense. Tenant must give Landlord immediate written notice on Tenant’s becoming aware that the use or condition shall take care of the Leased Premises is in violation and not permit any unreasonably objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Leased Premises and not take any other action which would constitute a nuisance or would unreasonably disturb or endanger any other tenants of any applicable local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances and other requirements the Development or unreasonably interfere with such tenant’s use of governmental authorities now or hereafter in effect (individually a “Law”, or collectively, “Laws”)their respective leased premises. Notwithstanding anything to the contrary contained in the LeaseWithout Landlord’s prior written consent, Tenant shall not use receive, store or otherwise handle any product, material, or substance which is explosive, highly inflammable or hazardous waste, except as provided and permitted in Exhibit E. Tenant will not permit the use of space in the Leased Premises to be used for any purpose or in any manner (including without limitation any method of the following: storage) which would (a) adult bookstorerender the insurance thereon void or the insurance risk more hazardous; (b) adult movie theater cause the State Board of Insurance or entertainment facilityother insurance authority to disallow any sprinkler credits; or (c) billiard increase the fire and extended coverage insurance rate on the building or pool hall; (d) game parlor (except structure of which the Leased Premises are a part or its contents. If any increase in connection with the fire and extended coverage insurance premiums paid by Landlord for the building in which Tenant occupies space is caused by Tenant’s Permitted Use); (e) massage parlor; (f) any industrial purpose; or (g) medical offices. Tenant acknowledges that Landlord may hereafter grant exclusive uses to other tenants or occupants use and occupancy of the Building or other prohibited uses for the benefit of such other tenant or occupant, and Tenant agrees that neither it nor any successor, concessionaire, subtenant or assignee shall use the Leased Premises, or any part thereof, in any way that would violate any such exclusive or prohibited use hereafter granted of which if Tenant has received written notice, so long as such exclusive or prohibited use does not prohibit vacates the primary use of the Leased Premises for the Permitted Use. Tenant covenants and agrees that it will not withhold or delay its written acknowledgment of the addition of any such exclusive or prohibited use if such acknowledgment is requested in writing by Landlord, and in the event Tenant fails to furnish such written acknowledgment of such addition within fifteen (15) days after Tenant’s receipt of Landlord’s written request therefor, Tenant shall be deemed to have given such written acknowledgment as of the expiration of such fifteen (15)-day period. 7.2 In addition, Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity, or place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be evidence that the causes an increase in such rate is due premiums, then Tenant shall pay to Landlord as additional rental the amount of such increase. 5.2 Tenant shall, at its own expense, comply with all laws, orders, and requirements of all governmental entities with reference to the use and occupancy of the Leased Premises. Tenant and Tenant’s agents, employees and invitees shall fully comply with the Rules and Regulations attached as Exhibit “F”. Landlord may make reasonable changes in its Building Rules and Regulations from time to time as deemed advisable for the safety, care and cleanliness of the Leased Premises, provided same are in writing and are not in conflict with this Lease and are delivered to Tenant. Throughout the Lease Term, Landlord will enforce the Rules and Regulations in a uniform, non-discriminatory manner. 5.3 In the event the Leased Premises constitute a portion of a multiple occupancy building, Tenant and its employees, agents, customers, invitees, and/or licensees shall have the right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such act reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other lessees. Landlord shall not be responsible for enforcing Tenant’s parking rights against any third parties. Tenant shall, at its own cost and expense, keep its employees, agents, customers, invitees, and/or licensees from parking on any streets running through or contiguous to the contents Development or equipment any other areas as designated by Landlord. Tenant hereby consents to the removal of any vehicle in or about violation of the Premisesforegoing designated areas of parking as established by Landlord. Throughout the Lease Term, andLandlord will enforce the parking rules and regulations in a uniform, as a result thereof, non-discriminatory manner. 5.4 Tenant shall be liable for such increase and shall be considered additional Rent payable agrees to comply with the next monthly installment terms, covenants and provisions of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises or brought into the Building any dangerous, noxious, radioactive or explosive substance (except for licensed theatrical pyrotechnic effects). All property kept, stored or maintained within the Premises by Tenant shall be at Tenant’s sole riskEnvironmental/Hazardous Waste Agreement which is attached as Exhibit “E”.

Use and Care of Premises. 7.1 5.1 The Premises may shall be used and occupied by Tenant only for the purpose or purposes specified in Section 1.1(k) abovePermitted Use under Tenant's Trade Name, and for no other purpose or purposes use, and under no other trade name, without the prior written consent of Landlord, which consent may be withheld in Landlord’s reasonable discretion. Tenant shall use acknowledges that actual and substantial detriment will result to Landlord and the other tenants of the Center in the transaction of business in event there is a deviation from the Premises any of the trade names specified in Section 1.1(e) above and no other trade name Permitted Use without the prior written consent of Landlord, which consent . Tenant shall not be unreasonably withheld, conditioned make or delayedpermit any unlawful use of the Premises. Tenant shall not at any time leave the Premises vacant, but shall in good faith continuously throughout the Term term of this Lease conduct and carry on in the entire Premises the type of business for which the Premises are leased, in compliance accordance with the best standards of operation of such business, for at least 40 hours of every week. In the event the exterior lights for the Premises are individually controlled by Tenant from the Premises, then Tenant, at Tenant's sole cost and expense, shall keep all applicable Laws (defined below). Tenant must give Landlord immediate written notice lights illuminating its exterior sign, if any, and all lights on Tenant’s becoming aware that the use or condition canopy in front of the Premises is illuminated from dusk through 10 o'clock P.M. every day, Monday through Sunday. If Landlord controls all exterior lighting, all costs incurred by Landlord in violation of any applicable local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances and other requirements of governmental authorities now or hereafter in effect (individually a “Law”, or collectively, “Laws”). Notwithstanding anything to the contrary contained connection therewith shall be included in the Lease, Common Area Maintenance Fee. 5.2 Tenant shall not not, without Landlord's prior written consent, perform any act or fail to perform any act, keep anything within the Premises or use or permit the use of space in the Premises for any of the following: (a) adult bookstore; (b) adult movie theater or entertainment facility; (c) billiard or pool hall; (d) game parlor (except in connection with Tenant’s Permitted Use); (e) massage parlor; (f) any industrial purpose; or (g) medical offices. Tenant acknowledges purpose that Landlord may hereafter grant exclusive uses to other tenants or occupants of the Building or other prohibited uses for the benefit of such other tenant or occupant, and Tenant agrees that neither it nor any successor, concessionaire, subtenant or assignee shall use the Premises, or any part thereof, in any way that would violate any such exclusive or prohibited use hereafter granted of which Tenant has received written notice, so long as such exclusive or prohibited use does not prohibit the primary use of the Premises for the Permitted Use. Tenant covenants and agrees that it will not withhold or delay its written acknowledgment of the addition of any such exclusive or prohibited use if such acknowledgment is requested in writing by Landlord, and in the event Tenant fails to furnish such written acknowledgment of such addition within fifteen (15) days after Tenant’s receipt of Landlord’s written request therefor, Tenant shall be deemed to have given such written acknowledgment as of the expiration of such fifteen (15)-day period. 7.2 In addition, Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity, or place any equipment in or about the Premises or the Building, which will invalidate increases the insurance coverage in effect premium cost or increase the rate of fire invalidates any insurance or other insurance policy carried on the Premises or on other parts of the BuildingCenter. If Landlord does give written consent to Tenant pursuant to the above sentence, then Tenant shall be liable, at its sole cost and expense, for the amount of any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted premium cost resulting from the Premises, or any such act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be evidence that the increase in such rate is due to such act of Tenant or the contents or equipment in or about the Premises, and, as a result thereof, Tenant shall be liable for such increase and shall be considered additional Rent payable with the next monthly installment of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises or brought into the Building any dangerous, noxious, radioactive or explosive substance (except for licensed theatrical pyrotechnic effects). All property kept, stored or maintained within the Premises by Tenant shall be at Tenant’s sole riskwhich Landlord has consented.

Use and Care of Premises. 7.1 The Premises may be used only for the purpose or purposes specified in Section 1.1(k) aboveX. Xxxxxx, and for no other purpose or purposes without the prior written consent of Landlordat its expense, which consent may be withheld in Landlord’s reasonable discretion. Tenant shall use in the transaction of business in the Premises any of the trade names specified in Section 1.1(e) above and no other trade name without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall in good faith continuously throughout the Term conduct and carry on in the entire Premises the type of business for which the Premises are leased, in compliance comply with all applicable Laws (defined below). Tenant must give Landlord immediate written notice on Tenant’s becoming aware that the use or condition of the Premises is in violation of any applicable locallaws, stateordinances, rules and federal statutes, regulations, rules, codes (including building codes), ordinances and other requirements regulations of governmental authorities now having jurisdiction, and the rules and regulations of the National Board of Fire Underwriters (or hereafter in effect (individually a “Law”, or collectively, “Laws”)other body exercising similar functions) relating to Tenant’s use and occupancy of the Premises. Notwithstanding anything to the contrary contained in the Lease, Tenant shall not use or permit the use of space in the Premises for any illegal purposes. X. Xxxxxx agrees that the Premises shall be used primarily for general office and educational use as an incidental part of the following: (a) adult bookstore; (b) adult movie theater or entertainment facility; (c) billiard or pool hall; (d) game parlor (except in connection with Tenant’s Permitted Use); (e) massage parlor; (f) any industrial its business, and for no other purpose; or (g) medical offices. Tenant acknowledges that Landlord may hereafter grant exclusive uses to other tenants or occupants of the Building or other prohibited uses for the benefit of such other tenant or occupant, and Tenant agrees that neither it nor any successor, concessionaire, subtenant or assignee shall use the Premises, or any part thereofhowever, in any way that would violate any such exclusive or prohibited use hereafter granted of which Tenant has received written notice, so long as such exclusive or prohibited use does not prohibit the primary use of the Premises for the Permitted Use. Tenant covenants and agrees that it will not withhold or delay its written acknowledgment of the addition of any such exclusive or prohibited use if such acknowledgment is requested in writing by Landlord, and in the event Tenant fails to furnish such written acknowledgment of such addition within fifteen (15) days after Tenant’s receipt of Landlord’s written request therefor, Tenant shall be deemed to have given such written acknowledgment as of the expiration of such fifteen (15)-day period. 7.2 In addition, Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity, or place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be evidence that the increase in such rate is due to such act of Tenant or the contents or equipment in or about the Premises, and, as a result thereof, Tenant shall be liable for such increase and shall be considered additional Rent payable with the next monthly installment of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on use the Premises for any financial services type of use. The Premises shall be so used and occupied in a careful, safe and proper manner, that no nuisance nor any trade or brought into occupation which is known in insurance as extra or especially hazardous shall be permitted therein, and that no waste shall be committed or permitted upon the Premises. Tenant is prohibited from operating as a financial institution or installing an ATM. Tenant shall not be permitted to operate as an executive office suites business or a flexible workplace center consisting primarily of executive suites and shared office workspaces for use by third parties. C. Tenant shall keep the Premises in a clean and neat condition, provided Landlord shall provide janitorial service for the Premises in accordance with the specifications set forth in Exhibit C. Additional janitorial service may be available upon request at Tenant’s expense. X. Xxxxxx shall comply with Rules and Regulations regarding the use of the Building by Xxxxxx adopted by Xxxxxxxx, and such reasonable changes and additions thereto adopted by Landlord from time to time. A copy of the Rules and Regulations in effect as of the date hereof is attached as Exhibit B. Landlord shall enforce such Rules and Regulations in a uniform and non-discriminatory manner as to all similarly situated tenants of the Building. X. Xxxxxx acknowledges that there are no spaces in any dangerous, noxious, radioactive parking lot which are exclusively reserved for Tenant or explosive substance (except for licensed theatrical pyrotechnic effects)its employees. All property kept, stored or maintained within the Premises by Tenant shall be at entitled to use up to forty (40) non-exclusive, unreserved parking spaces in the area located within a reasonable distance from the Building; however, Tenant’s sole riskemployees shall not use parking spaces along curbsides, along streets or directly in front of retailers or restaurant tenants. Landlord may designate areas in reasonably proximity to the Premises in which Tenant’s employees shall be required to park (the “Employee Parking Area”). Upon written request, Tenant shall provide Landlord with the license plate of its employees in order to assist Landlord in enforcing the provisions of this paragraph. Landlord may relocate the Employee Parking Area (or a portion thereof) provided such relocation is within a reasonable and substantially similar proximity to the Building. F. Except as hereinafter provided, no animals, livestock or poultry of any kind shall be raised, bred, kept or allowed in the Common Area or the Premises. Notwithstanding the foregoing, service dogs may be brought to the Premises, provided that: (i) the dog does not exceed 50 pounds;