EAST END REALTY PARTNERSHIP, LP AND WURSTHAUS, INC. (2)

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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 Planning Department. Unamplified musical instruments or sound reproduction systems are permitted in outdoor dining areas,but shall be maintained at sufficiently low volumes so as not to unduly intrude on neighboring businesses,residents,or users of the public right-of-way and the Licensed Premises, It. CONDUCT Licensee shall at all times conduct its business or operate its business in a quiet and orderly manner to the satisfaction of the City. 12. NO LIENS Licensee shall not permit any mechanic's', materialmen's or other liens of any kind or nature ("Liens") to be filed or enforced against the Licensed Premises or Property in connection with this Agreement. Licensee shall indemnify, defend and hold harmless City from all liability for any and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. City reserves the right, at its sole cost and expense, at any time and from time to time, to post and maintain on the Licensed Premises or Property, or any portion thereof, or on the improvements on the Property, any notices of non-responsibility or other notice as may be desirable to protect City against liability. 13. INGRESS AND EGRESS The City reserves the right to enter upon the Licensed Premises covered by this License Agreement at any and all times during the term of this License Agreement. No merchandise may be stored or displayed on or about the Licensed Premises. Page 5 of 11