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CONDITIONS, RULES & REGULATIONS

EFFECTIVE DATE:           July 14, 2012

The following Conditions, Rules and Regulations are hereby incorporated in full into the Vendor Space Agreement for any lease of Space within Pleasant Market, as follows:

1.         Effective Date of Amendment. These Conditions, Rules and Regulations are effective as of the later of the date set forth above or the delivery of these Conditions, Rules and Regulations to the Tenant. Landlord may amend these Conditions, Rules and Regulations in such manner as Landlord may determine in Landlord’s sole discretion, except that Landlord may not amend the Rent without the consent of Tenant so long as Tenant is not in default or prior to the expiration of the Term. Any amendment shall be effective upon the later of the new effective date for the amendment or the posting of the amended Conditions, Rules and Regulations at the management office. 

2.         Utilities. Landlord shall provide electrical service only to a limited number of spaces within Pleasant Market. Tenant may not utilize the electrical service except in connection with its business operations at the Space. Tenant shall be responsible for any electrical usage or cost incurred by Landlord in excess of normal and customary use. No extension cords, surge protectors or electrical cords over 6 feet long are allowed. Tenant may not overload the electrical system provided to the space. Landlord shall further provide a male and female public restroom, a single outdoor water faucet and a public dumpster. The public dumpster shall be utilized only for the disposal of customer’s small trash items and not for large or bulky items, including cardboard boxes, constituting the trash of Tenant. Such items must be disposed of separately by Tenant off premises. 

3.         Insurance. Landlord shall maintain insurance on the Pleasant Market premises in such amounts and on such terms as Landlord deems appropriate. Tenant is responsible for any insurance coverage or loss or damage to the property of Tenant, together with general liability insurance coverage for Tenant’s business operations.

4.         Indemnification. Tenant indemnifies and holds Landlord harmless from any claims and liabilities whatsoever arising out of Tenant’s occupancy and use of the space pursuant to this agreement, including any claims asserted by any customer, employee or agent of Tenant, any third party, or claims arising out of the failure of Tenant to comply with this agreement.

5.         Prohibited Use. Tenant may not utilize the Space or operate under the Term of the Vendor Space Lease for any of the following: 

a.                   The sale of guns, firearms, rifles, explosives, fireworks or weapons of any kind.

b.                  The sale of any illegal product, or counterfeit merchandise.

c.                   Maintaining, keeping, storing, selling or using “hazardous materials”. “Hazardous materials” means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, solvent or oil as defined by any federal, state or local environmental law, regulation, ordinance or rule existing as of the date hereof or as later enacted.

d.                  Any activity that violates any applicable federal, state or local law, regulation, zoning ordinance or governmental order.

e.                   Any activity, which interferes with any other Tenant’s normal business operations or Landlord’s management of the property.

f.                   Any activity, which is a nuisance, or is offensive, noisy or dangerous.

g.                  The sale, display or distribution of any objectionable printed material, photographs, films, books and similar media or other materials as may be determined as “objectionable” in Landlord’s sole discretion.

h.                  The sale of animals.

i.                    The sale of any product for which Tenant does not have the proper license.

j.                    The sale of product involving the collection of sales tax, which is not properly licensed by, maintained by or paid by Tenant.

k.                  Any activity which causes an increase in Landlord’s insurance premiums for the premises.

l.                    Sale of alcoholic beverages, tobacco products, food or drink, unless expressly consented to by Landlord.

m.                Smoking or consuming alcoholic beverages within the Space, within Pleasant Market, or anywhere on the Pleasant Market property.

6.         Alterations. Tenant may not alter, improve or add to the structural portion of the Space or install any fixtures or additions to the structural portion of the Space without Landlord’s express written consent. No holes are permitted in the concrete or the structural portion of the Space.

7.         Tenant may not assign or sublet the Space. Landlord reserves the right to relocate Tenant and to substitute for the Space provided herein other Space within Pleasant Market.

8.         Security. Tenant acknowledges that Landlord is not responsible for providing security for the Space for the patrons of Tenant. Tenant releases Landlord from any claims or obligations relating to security services, whether or not provided by Landlord.

9.         Access. Access to the Space shall only be allowed during the normal operational hours of Pleasant Market. Landlord may require that Tenant, together with each of its employees and agents, sign in and sign out upon the commencement and ending of each day. If Tenant violates the access regulations, Landlord may assert a charge of $50.00 for each violation.

10.       Maintenance. Tenant shall keep the Space in a clean condition and discard all waste materials located in or brought to the Space whether by Tenant or any customers or invitees of Tenant. Tenant shall maintain the Space in good condition. Tenant may not improperly dispose of any materials, including hazardous waste, or any materials or liquids, which might cause a malfunction to Landlord’s plumbing.