FIESTA MARKETPLACE PARTNERS #1 -2009

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falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the building or from the pipes, appliances, or plumbing works therein or from the roof of any structure on the Property, or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to negligence of Landlord, its agents, servants or employees for failing to repair such condition(s) within a reasonable time after written notice of the need for such repair is given to Landlord by Tenant. Tenant shall give prompt notice to Landlord with respect to any defects, fire or accidents observed by Tenant on the Premises, or on the Property, or of defects therein, or in the fixtures or equipment. 10. SUBROGATION As long as their respective insurers so permit, Landlord and Tenant hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 11. SERVICES AND UTILITIES Landlord agrees to furnish to the Premises, on all days that the Property is open to the public, subject to the rules and regulations of the Property, water and electricity suitable for the intended use of the Premises, heat, ventilation and air conditioning required for the comfortable use and occupation of the Premises. Landlord agrees to provide janitorial services pursuant to Exhibit B, "Janitorial Specifications", a copy of which is attached hereto and incorporated herein. The Landlord shall also maintain the plumbing, gas, air conditioning and electrical systems on the Property, as well as the common areas of the Property. Landlord shall pay the cost of providing the above utilities, and shall determine the amount expended in the first twelve months of the Lease as a "Base Year". Assuming that the options to renew are exercised, the Tenant shall pay the cost of all such utilities to the extent such exceed the cost in the Base Year. Landlord shall bill Tenant for such additional utility costs as additional rent, on a quarterly or other convenient basis, which shall be due and payable by Tenant within thirty (30) days after receipt. Tenant shall be entitled to, and Landlord shall provide, accounting records to confirm the cost of utilities over the Base Year cost. 12. RULES AND REGULATIONS Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate. Landlord reserves the right from time to time to make all reasonable modifications to said rules. The additions and modifications to those rules shall be binding upon Tenant upon delivery of a copy of them to Tenant.