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1 14, INDEMNIFICATION OF LANDLORD - LIABILITY INSURANCE BY
<br />TENANT. Tenant, as a material part of the consideration to be rendered to Landlord under this
<br />Lease, hereby waives all claims against Landlord for damage to goods, wares and merchandise in, upon or
<br />s about said premises and for injuries to persons in or about said premises, from any cause arising at anytime,
<br />except for Landlord's gross negligence, and Tenant will hold Landlord exempt and harmless from any damage
<br />6, or injury to any person or the goods, wares and merchandise of any person, arising from the use of the
<br />premises byTenant, orfrom the failure of Tenant to keepthe premises in good condition and repair, as herein
<br />E provided.
<br />During the entire term of this Lease. Tenant shall, si Tenant's sole cost and expense, but for the mutual
<br />benefit of Landlord and Tenant, maintain general public liability insurance against claims for personal injury,
<br />death or property damage occuring in, upon or about the demised premises and on any sidewalks directly
<br />adjacent to the demised premises. The limitation of liability of such insurance shall be not less than Three
<br />�» Hundred Thousand Dollars ($300,000.00), combined single limit in respect to injury or death of one person
<br />t 5 and/or in respect to propertydamage. All such policies of insurance shall be issued byan insurance company
<br />16 satisfactory to Landlord and shall be issued in the name of Tenant and Landlord and for the mutual and joint
<br />17 benefit and protection of the parties, and such policies of insurance or copies thereof shall be delivered to
<br />18 Landlord. All such policies of insurance must contain a provision that the companywriting said policy will give
<br />19 Landlord twenty (20) days notice in writing in advance of any cancellation or lapse of the effective date or any
<br />20 reduction in the amount of insurance. Failure byTenant to maintain said insurance and to insure Landlord as
<br />21 an additional insured shall be deemed a material breach of this Lease. Tenant may self —insure for
<br />22 any or all of the foregoing insurance requirements.
<br />23 15. FREE FROM LIENS. Tenant shall keep the demised premises and the property in which the
<br />24 demised premises are situated free from any liens arising out of any work performed, material furnished or
<br />25 obligation incurred by Tenant.
<br />26
<br />27 16. A B A N D O N M E N T. Tenant shall not vacate or abandon the demised premises at any time
<br />28 during the term of this Lease.
<br />29
<br />30 In the eventTenant doesabandon the premises, itwill be deemed to be abandoned byTenantwithin the
<br />31 meaning of Section 1951.2 of the California Civil Code, and this Lease shall terminate if Landlord gives
<br />32 written notice of its belief of abandonment as provided herein and Tenant fails to give Landlord written notice,
<br />33 prior to the date of termination specified in Landlord's notice, stating that he does not intend to abandon the
<br />34 real propertyand stating an addressat whichTenant maybe served bycertified mail in anyaction for unlawf ul
<br />35 detainer of the property. Landlord's notice of belief of abandonment to Tenant, pursuant to this section and
<br />36 the California Civil Code Section 1951.3, may be given only where the rent on the property has been due and
<br />37 unpaid for at least fourteen (14) consecutive days and Landlord reasonably believes that Tenant has
<br />38 abandoned the property. The date of termination of this Lease shall be specified in Landlord's notice and shall
<br />39 be not less than fifteen (15) days afterthe notice is served personally or, if mailed, not less than eighteen (18)
<br />40 days after the notice is deposited in the mail. Landlord's notice of belief of abandonment shall be personally
<br />41 delivered to Tenant or sent by first class mail, postage prepaid, to Tenant at his last known address and, if
<br />42 there is reason to believe that the notice sent to that address will not be received byTenant, also to such other
<br />43 address, if any, known to Landlord where Tenant may reasonably be expected to receive the notice.
<br />44
<br />45 The premises shall not be deemed to be abandoned pursuanttothissection ifTenant proves any
<br />ofthe
<br />46 following.
<br />47 (1) At the time the notice of belief of abandonment was given, the rent was not due and unpaid for
<br />48 fourteen (14) consecutive days.
<br />49
<br />50 (2) At the time the notice of belief of abandonment was given, it was not reasonable for Landlord to
<br />51 believe that Tenant had abandoned the real property. The fact that Landlord knew that Tenant left personal
<br />52 property on the real property does not, of itself, justify a finding that Landlord did not reasonably believe that
<br />53 Tenant had abandoned the premises,
<br />54
<br />55 (3) Prior to the date specific in Landlord's notice, Tenant gives written notice to Landlord stating
<br />56 his intent not to abandon the real property and stating an address at which he maybe served by certified mail
<br />57 in any action for unlawful detainer of the premises.
<br />58
<br />59 (4) During the period commencing fourteen (14) days before the time the notice of belief of
<br />6o abandonment was given and ending on the date this Lease would have terminated pursuant to the notice,
<br />61 Tenant paid to Landlord all or a portion of the rent due and unpaid on the premises.
<br />fit
<br />63 Nothing in this section precludes Landlord or Tenant from otherwise proving that the real property has
<br />64 been abandoned by Tenant within the meaning of California Civil Code Section 1951.2.
<br />65
<br />66 Nothing in this section precludes Landlord from serving a notice requiring Tenant to pay rent or quit as
<br />67 provided by Sections 1 161 and 1162 of the California Code of Civil Procedure at anytime permitted bythose
<br />68 Code sections or affects the time and manner of giving any other notice required or permitted bylaw. The
<br />69 giving of the notice provided by this section and Section 1951.3 of the California Civil Code does not satisfy
<br />70 the requirements of Sections 1161 and 1162 of the California Code of Civil Procedure.
<br />71
<br />72 17. S I G N S A N D A U C T 10 N S. Tenant shall not place or permit to be placed any sign upon the
<br />73 exterior or in the windows of the demised premises without Landlord's priorwritten consent, nor shall Tenant
<br />74 change the color or exterior appearance of the demised premises without Landlord's prior written consent.
<br />75 Landlord's approved sign criteria drawings are attached hereto as an Exhibit, or if not available as of the
<br />76 execution of this Lease, shall be provided to Tenant by Landlord. Tenant shall at its sole cost and expense
<br />77 prepare sign construction drawings, in accordance with said criteria drawings, which shall be submitted to
<br />78 Landlord for Landlord's written approval. Tenant agreesto install a sign in accordance with the approved sign
<br />79 1 construction drawings within thirty (30) days after the commencement of the term of this Lease. See Exhibit
<br />80 D " attached hereto and incorporated herein by reference as though set forth In full.
<br />(3122/83) Pape 6 of 11
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