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h. Maintenance and Repairs of the Premises -Except for maintenance and repairs <br />necessitated by the willful acts or negligence of Bean Sprouts, or its agents, <br />employees, invitees, licensees or customers, City shall be responsible for the costs of <br />maintaining the exterior of the Premises, roof, foundation and structural components <br />of the Premises as well as the parking lot, exterior and landscaped areas. City shall <br />also be responsible for the replacement of all mechanical systems (including without <br />limitation electric, HVAC and plumbing) when they reach the end of their useful life. <br />City will have sole discretion to determine whether the mechanical systems have <br />reached the end of their useful life. The City will use reasonable standards in the <br />industry to determine when mechanical systems have reached the end of their useful <br />life. Bean Sprouts shall be responsible for maintaining the interior of the Premises <br />throughout the term of this Agreement in good condition. City acknowledges that <br />normal wear and tear will occur. Bean Sprouts will be responsible at its expense as <br />follows: <br />1) Repairs and maintenance for all equipment, furniture, and fixtures used within <br />the Premises including but not limited to light fixtures, light bulbs, starters, <br />equipment motors, and other similar items; <br />2) Cleaning of the Premises; <br />3) Equipment storage and maintenance <br />4) Storage and/or disposal of grease and flammable materials; <br />5) Storage and disposal of garbage. City shall designate location(s) of garbage <br />bins. <br />6) Repair and maintenance (but not replacement) of all water, sewer and <br />electrical lines maintained inside the Premises; <br />7) Repair and maintenance of floor within the Premises. <br />i. Alterations not Allowed Unless Authorized by City- Alteration other than the <br />proposed modifications and improvements discussed herein are not allowed to the <br />Premises unless approved in writing by the City before the alterations are made; <br />provided that Bean Sprouts may make non-structural changes, that do not require a <br />building permit, to the interior of the Premises only, and which do not, individually, <br />require more than $3,000 in expenditures, by providing City at least thirty (30) days <br />prior written notice thereof. <br />j. Satellite Carts -Bean Sprouts may have satellite carts at the Carrousel Plaza between <br />the carrousel line and the train rides and/or at the Conservation Education Theater. <br />When carts are not in use, they must be stored in the non-public area of the Zoo. <br />Additional carts may be allowed with the Zoo Manager's prior approval. Sales from <br />any satellite carts shall be included in Bean Sprouts' monthly concessions sales. <br />7. RIGHTS OF THE CITY <br />City has all rights and powers provided by law which have not been expressly granted to <br />Bean Sprouts pursuant to this Agreement, including but not limited to: <br />Page 5 of 17 <br />25B-9 <br />