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demand of the City, forthwith remit to the City sufficient amount to restore said outdoor <br />dining area maintenance deposit to the original sum deposited. Licensee's failure to do so <br />within five (5) days after receipt of such demand shall constitute a breach of this <br />Agreement. The rights and remedies granted to City pursuant to this Paragraph are in <br />addition to City's other remedies as provided in this License Agreement and by law. The <br />deposit will be refunded upon termination of the License Agreement after an inspection of <br />the condition of the Licensed Premises, paving and fixtures by the City's Parks, Recreation <br />& Community Services Department. <br />8. GARBAGE AND RUBBISH <br />Licensee's management shall keep the Licensed Premises clear of litter, food scraps and soiled <br />dishes and utensils. No boxes, barrels, supplies or rubbish in any form shall be kept, piled or stored in <br />the Licensed Premises or surrounding areas. As required by the City, Licensee shall provide standard <br />garbage receptacles, shall place therein all garbage and refuse, and shall arrange with the City's <br />Sanitation Division or other approved contractor for collection from an approved location at <br />Licensee's expense. If disposable materials are used, the Licensee shall comply with all applicable <br />City recycling programs. <br />9. WARRANTIES. ALTERATIONS AND REPAIRS <br />City makes no representation or warranty of any kind as to the condition of the Licensed <br />Premises or any other matter relating to Licensee's use of the Licensed Premises. Licensee hereby <br />disclaims and waives any and all objections to the physical and other characteristics and conditions of <br />the Property. Licensee acknowledges and agrees that the use of the Licensed Premises will be on the <br />basis of Licensee's own investigation of the condition of the Licensed Premises. The license to use <br />the Licensed Premises is granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation <br />or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which <br />Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a <br />particular purpose or use. Licensee's use of the Licensed Premises shall be subject to the Licensed <br />Premises being in a usable and safe condition at the time of Licensee's use, and Licensee shall be <br />solely responsible for determining whether the Licensed Premises are in such condition. In connection <br />therewith, in the event that the Licensed Premises or access thereto are damaged or obstructed, or the <br />use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to <br />repair the damage or rectify the condition to make the Licensed Premises usable or safe. <br />Licensee shall not make any changes or remove any portion of the Licensed Premises without first <br />securing the prior consent of the Executive Director of the Parks, Recreation & Community Services <br />Department (or designee). All such approved changes or removals shall be at the sole expense of <br />Licensee. <br />10. SIGNS. UMBRELLAS, MUSIC AND MERCHANDISE <br />Licensee shall be allowed to use free-standing umbrellas provided they meet the City's <br />Outdoor Dining Standards and Procedures for placement and maintenance. No signs or advertising <br />matter of any kind shall be displayed in the outdoor dining area, except as approved by the City's <br />4of9 <br />25D-8 <br />