Agenda - Council - 06/09/2009 - Special

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calendar years, even though the levy or assessment thereof may be for a different fiscal year. Tenant shall be obligated to perform and make payments as set forth in Sections 4 and 5, below. 4. UTILITIES; SERVICES 4.1 Tenant's Obligations. 4.1(a) Utilities. Tenant shall be billed in its own name and make direct payment to any utility company for the funllshing of gas and electricity for its use of the Leased Premises including municipal water and sanitary sewer service. 4.2 Interruption of Services. Landlord does not warrant that any services or utilities will be free from interruptions caused by breakdowns, maintenance, repairs, improvements, alterations, strikes, stoppages, shortages, accidents, inability of Landlord to obtain fuel or supplies or any other cause or causes beyond the reasonable control of Landlord. Any such interruption of service shall not be deemed an eviction or disturbance of Tenant's use or possession of the Leased Premises or any part thereof, or render Landlord liability to Tenant for damages or relieve Tenant from performance of Tenant's obligations under this Lease. Wherever in this article any terms, covenants or conditions are required to be kept or performed by the Landlord, the Landlord shall be deemed to have kept and performed such terms, covenants and conditions notwithstanding any action taken by the Landlord, if such action is taken pursuant to any governmental regulations, requirements, directives or requests. 5. MAINTENANCE AND REPAIRS 5.1 Tenant's Obligations. Tenant, at Tenant's own cost and expense, shall keep the Leased Premises in sanitary condition, and in as good order and repair as of the time Tenant took possession of the same, reasonable wear and tear excepted. Nothing herein shall restrict Tenant from using, maintaining and keeping the Leased Premises in substantially the same manner and condition as used, maintained and kept by Tenant prior to the Effective Date. 6. LOSS OR DAMAGE 6.1 Tenant's Property. All property and improvements of Tenant in or about the Leased Premises shall be kept, stored and/or maintained at the sole risk of Tenant without any liability of Landlord for loss or damage thereto, including but not limited to loss from fire, explosion, wind, rain, hail, water leakage, bursting of pipes or conduits, sprinklers, gas, electricity, or structural failure, except to the extent caused by the proven negligence or willful misconduct of Landlord. Landlord shall not be liable to Tenant for any interruption of business conducted by Tenant, regardless of cause, except to the extent caused by the proven negligence or willful misconduct of Landlord. 7. ALTERATIONS 7.1. Alterations by Tenant. 7.1(a) Consent Required. Tenant will not make any additions or improvements to the Leased Premises without first obtaining the prior written consent of Landlord as to the character 4