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not erect any barriers to disabled persons in violation of the ADA(the Americans With <br /> Disabilities Act(ADA), codified at 42 U.S. SS 12101 et seq.) Failure to do so shall operate as an <br /> event of default and a breach of the Lease. <br /> 3.3 AFFIRMATIVE COVENANTS OF Tenant. Without in any way limiting or restricting <br /> other covenants of Tenant elsewhere in this Lease contained, the Tenant affirmatively covenants <br /> and agrees as follows: <br /> (a) Subject to prior written notice and a reasonable opportunity to cure, Tenant shall <br /> neither permit or suffer and conduct, noise, odor or other nuisance in, on or about said Demised <br /> Premises to annoy or disturb any persons occupying adjacent premises or common areas, <br /> (b) Tenant shall keep the Demised Premises, including all service and or loading <br /> areas for the Demised Premises, if any, free from all litter, dirt and obstructions; <br /> © Tenant shall arrange for and accept deliveries only at such times, in the areas, and <br /> through the entrances designated for such purpose by Landlord; <br /> (d) Tenant shall keep said demised premises clean and in the sanitary condition <br /> required by ordinance and regulations of any governmental or quasi governmental unit having <br /> jurisdiction; <br /> (e) Tenant shall neither permit or suffer the Demised Premises, or the walls, ceilings <br /> or floors thereof to be endangered by overloading; <br /> (f) Tenant shall properly maintain any HVAC system located within in the Demised <br /> Premises; <br /> (g) Tenant shall not use or permit the Demised Premises to be used for any purpose <br /> other than set forth in Section 4.1 hereof; <br /> (h) Tenant shall cooperate with Landlord to control their joint patrons so as to prevent <br /> drunken, unruly or obnoxious behavior. <br /> ARTICLE IV-MAINTENANCE AND REPAIRS <br /> 4.1 TENANT'S MAINTENANCE AND REPAIRS. Tenant agrees that, from and <br /> after the date that possession of the Demised Premises is delivered to the Tenant, and until the <br /> end of the term hereof it will be responsible for all repairs, maintenance and replacements to the <br /> Demised Premises, including but not limited to: The interior and exterior portions of all doors, <br /> windows, plate glass, locks, frames, hardware and showcases surrounding and incorporated into <br /> the Demised Premises;the mechanical, plumbing, heating, air conditioning and/or cooling, <br /> ventilating and electrical equipment and systems; partitions, and all other fixtures, appliances and <br /> Page 3 DRAFT-- 12/15/98--CHS Lease agreement <br />