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4. Utilities. Licensee shall make all arrangements for and pay for its own telephone
<br />services, including all facsimile and internet services, if applicable. All other utilities, including but not
<br />limited to gas, electricity, water, heat, light, power, and trash collection, and for all connection charges for
<br />said utilities, other than for telephone service, shall be paid by Licensor.
<br />5. Vehicle Parkins. Licensee shall be entitled to use five (5) parking spaces, located at both
<br />Luque and Hutton Community Centers. Licensee shall not use more parking spaces than the number
<br />allotted herein. Said parking spaces shall be used for parking by vehicles no larger than full-size
<br />passenger automobiles, pick-up trucks, and/or catering trucks as may be necessary.
<br />6. Repairs and Maintenance. Licensee shall keep the Licensed Premises in a clean and
<br />sanitary manner. Licensor shall be solely responsible for making all major repairs (i.e. water heater
<br />replacement, plumbing problems, cosmetic, roofing repairs, etc., if applicable), and for maintaining the
<br />Licensed Premises during the term of this License. Licensor shall not be required to pay for any Licensee
<br />required upgrades, such as applicable electrical, plumbing or air conditioning units or sign improvements,
<br />etc.
<br />7. Conditions of Property and Disclaimer of Liability.
<br />7.1 Condition of Property. Licensee has examined the Licensed Premises and any
<br />common areas to which Licensee and its employees, customers, or visitors will have access, and agrees to
<br />use the Licensed Premises in an "as is" condition. Licensee acknowledges and agrees that Licensor has
<br />made absolutely no representations, guarantees or warranties regarding the Licensed Premises or any
<br />common areas, nor has Licensor made representations, guarantees or warranties regarding whether the
<br />Licensed Premises and common areas and improvements thereon comply with applicable covenants and
<br />restrictions of record, building codes, ordinances or statutes in effect at the commencement date of this
<br />License.
<br />7.2 Disclaimer of Liability for Conditions of Licensed Premises, Including Common
<br />Areas Thereto. Licensee understands and acknowledges that: (i) the Licensed Premises and any common
<br />areas to which access may be granted under this License are part of the Centers; (ii) The Centers,
<br />including the Licensed Premises, were constructed in 1978 and have not undergone seismic reinforcement
<br />or seismic upgrades; (iii) The Centers, including the Licensed Premises, may contain asbestos, mold, bird
<br />excrement, and/or other conditions common to older structures; and (iv) the indemnification and hold
<br />harmless provisions of Section 13 of this License are applicable to claims and causes of action arising out
<br />of the condition of the Licensed Premises and the Centers. Licensor shall have no liability to Licensee or
<br />any owner, officer, employee, customer, vendor, guest, or visitor of Licensee arising out of or due to the
<br />use of the Licensed Premises or the Centers by any person.
<br />8. Damage or Destruction of Premises. Unless as the result of negligence or intentional
<br />unlawful act of Licensee, if during the term of this License, any portion of the Licensed Premises shall be
<br />damaged by fire or other catastrophic cause, so as to render such portion of the Licensed Premises
<br />untenable, the obligations under this License may be suspended while such portion of the Licensed
<br />Premises remains untenable. In the event of such damage, Licensee shall give Licensor notice of such
<br />untenable conditions and the Licensor shall elect in its sole discretion, whether to repair the Licensed
<br />Premises or to cancel this License with respect thereto. It shall notify Licensee in writing of its election
<br />within thirty (30) days after service of notice by Licensee. In the event that Licensor elects not to repair
<br />the Licensed Premises or portion thereof, this License shall be deemed canceled as of the date the damage
<br />occurred with respect to the applicable portion(s).
<br />ORANGMPP120406.1
<br />9/23/052
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