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<br />Page | 11 <br />9138-126780\1512539.3 <br />4.1.2. Ancillary Services and Uses. Subject to the prior written approval of <br />Lessor, which approval may be granted or withheld in the sole discretion of the Lessor, conditioned <br />or delayed, Tenant may provide those additional services and uses which are ancillary to and <br />compatible with the required services and uses set forth in Section 4.1.1., above. <br />4.1.3. Additional Concessions or Services. Tenant may establish, maintain, and <br />operate such other additional facilities, concessions, and services as Tenant and Lessor may jointly <br />from time to time reasonably determine to be reasonably necessary for the use of the Premises and <br />which are otherwise permitted by Law for the sole purpose to provide the services set forth in Section <br />4.1.1 above. <br />4.1.4. Restricted Use. The services and uses listed in this Section 4.1, both <br />required and optional, shall be the only services and uses permitted. Tenant agrees not to use the <br />Premises for any other purpose or engage in or permit any other activity within or from the Premises <br />unless approved in writing by the Lessor, which approval may be granted or withheld in the sole <br />discretion of the Lessor. <br />4.1.5. Continuous Use. During the Term, Tenant shall continuously conduct <br />Tenant’s business in the Premises in the manner provided under this Lease and shall not discontinue <br />use of the Premises for any period of time except in the case of a Force Majeure Event or as <br />permitted in advance and in writing by the Lessor. <br />4.1.6. Alcohol Restrictions. Tenant shall not permit the sale of alcoholic beverages <br />on the Premises. <br />4.1.7. Permits and Licenses. Tenant shall be solely responsible to obtain, at its <br />sole cost and expense, any and all permits, licenses or other approvals required for the uses permitted <br />herein and shall maintain such permits, licenses or other approvals for the entire Term. <br />4.2 Nuisance; Waste. Tenant shall not maintain, commit, or permit the maintenance or <br />commission of any nuisance as now or hereafter defined by any statutory or decisional law applicable <br />to the Premises and Improvements or any part thereof. Tenant shall not commit or allow to be <br />committed any waste in or upon the Premises or Improvements and shall keep the Premises and the <br />Improvements thereon in good condition, repair and appearance. <br />4.3 Compliance with Laws. Tenant shall not use or permit the Premises or the <br />Improvements or any portion thereof to be used in any manner or for any purpose that violates any <br />applicable Laws. Tenant shall have the right to contest, in good faith, any such Laws, and to delay <br />compliance with such Laws during the pendency of such contest (so long as there is no material <br />threat to life, health or safety that is not mitigated by Tenant to the satisfaction of the applicable <br />authorities). Lessor may cooperate with Tenant in all reasonable respects in such contest, including <br />joining with Tenant in any such contest if the Agency’s joinder is required in order to maintain such <br />contest; provided, however, that any such contest shall be without cost to Lessor, and Tenant shall <br />indemnify, defend (with attorneys acceptable to Lessor), and hold harmless the Lessor from any and <br />all claims, liabilities, losses, damages, or actions of any kind and nature, including reasonable <br />attorneys’ fees, arising or related to Tenant’s failure to observe or comply with the contested Law <br />during the pendency of the contest. <br /> <br />EXHIBIT 5