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(b) Upon execution of the License Agreement, Licensee shall provide a maintenance <br />deposit in the form of a cash deposit to the Parks, Recreation & Conummity Services Agency in <br />the amount of One Thousand ($1,000.00). The parties acknowledge that Licensee has previously <br />provided this deposit in connection with the prior agreement. <br />Said deposit shall be held by the City, without liability for interest, as <br />security for the faithful performance by Licensee of terms, covenants and <br />conditions of this Agreement pertaining to Licensee's maintenance of <br />Licensed Premises. <br />During the term of this License Agreement, the City shall have the right, <br />at its option, to appropriate and apply the entire maintenance deposit or so <br />much thereof as may be necessary to compensate the City for all damage <br />or repairs to the Licensed Premises due to breach of this covenant on the <br />part of Licensee. Should the entire deposit or any portion thereof be <br />appropriated and applied by the City hereunder, Licensee shall, upon <br />written demand of the City, forthwith remit to the City sufficient amount <br />to restore said outdoor dining area maintenance deposit to the original sum <br />deposited. Licensee's failure to do so within five (5) days after receipt of <br />such demand shall constitute a breach of this Agreement. The rights and <br />remedies granted to City pursuant to this Paragraph are in addition to <br />City's other remedies as provided in this License Agreement and by law. <br />The deposit will be refunded upon termination of the License Agreement <br />after an inspection of the condition of the Licensed Premises, paving and <br />fixtures by the City's Parks, Recreation & Community Services <br />Department. <br />8. GARBAGE AND RUBBISH <br />Licensee's management shall keep the Licensed Premises clear of litter, food scraps and <br />soiled dishes and utensils. No boxes, barrels, supplies or rubbish in any form shall be kept, piled <br />or stored in the Licensed Premises or surrounding areas. As required by the City, Licensee shall <br />provide standard garbage receptacles, shall place therein all garbage and refuse, and shall arrange <br />with the City's Sanitation Division or other approved contractor for collection from an approved <br />location at Licensee's expense. If disposable materials are used, the Licensee shall comply with <br />all applicable 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 <br />hereby disclaims and waives any and all objections to the physical and other characteristics and <br />conditions of the Property. Licensee acknowledges and agrees that the use of the Licensed <br />Premises will be on the basis of Licensee's own investigation of the condition of the Licensed <br />Premises. The license to use the Licensed Premises is granted on an "AS -IS," "WITH ALL <br />Page 4 of 11 <br />419793v4 <br />