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agents, representatives, employees or subcontractors. The insurance coverage shall satisfy the <br />requirements set forth in Exhibit C, which is attached hereto and incorporated herein. <br /> Maintenance <br />7.. Janzen agrees to keep and maintain the Property in properly <br />functioning, safe, orderly and sanitary condition, will suffer no waste or injury thereto, and will <br />at the expiration or other termination of the Term, surrender the same with all improvements in <br />the same order and condition in which they were on the Commencement Date. Janzen shall keep <br />all rubbish, garbage or other refuse in proper containers and shall promptly empty same into the <br />collection area designated from time to time by City. <br /> Assignment and Subletting <br />8.. Janzen may not assign his interest in this Lease nor <br />sublet the Property to any third party without the prior written consent of the City. <br /> Right of Entry <br />9.. Janzen will permit City, or its representative, to enter the <br />Property, to examine, inspect and protect the Property, and to make such alterations, renovations, <br />restorations and/or repairs as in the judgment of City may be deemed necessary or desirable for <br />the Property. <br /> Services and Utilities <br />10.. City shall continue to furnish any utility service, if any, <br />which is currently supplied to the Property. Janzen shall pay for the use of such utility service <br />during the term of this Lease. shall include payment of the quarterly <br />payments for the storm water utility charged by the City. <br /> Waiver and Indemnity <br />11.. Notwithstanding anything apparently to the contrary in <br />this Lease, City and Janzen hereby release one another and their respective partners, officers and <br />employees from any and all liability (to the other or anyone claiming through or under them by <br />way of subrogation or otherwise) for any loss or damage covered by property insurance or <br />coverable by a customary form of policy of the insurance, even if such loss or damage shall have <br />been caused by the fault or negligence of the other party, or anyone for whom such party may be <br />responsible. <br />Janzen agrees to indemnify, defend and hold City and its officers and employees and <br />harmless from and against any claim, loss or expense arising out of injury, death or property loss <br />or damage occurring on the Property, except only to the extent caused by the negligent act or <br />intentional misconduct of City or officers or employees . <br />Default <br />12. . Any one of the following events shall constitute an Event of Default: <br />a. Janzen shall fail to pay any monthly installment of Base Rent or <br />additional rent as herein provided, and such default shall continue for a <br />period of five (5) days after the due date therefore; <br />b. Janzen shall violate or fail to perform any of the other conditions, <br />covenants or agreements herein made by Janzen and such default shall <br />continue for fifteen (15) days after notice from City; provided, however, <br />that if the nature of such default is such that Janzen can cure the default, <br />but not within fifteen (15) days, then the Event of Default shall be <br />suspended for a period not in excess of thirty (30) additional days so <br />long as Janzen commences cure within fifteen (15) days and thereafter <br />diligently and continuously prosecutes the curing of the default, and so <br /> 3 <br /> <br />