EAST END REALTY PARTNERSHIP, LP. AND WURSTHAUS, INC.

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