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<br />2 <br />416585v5 SJR MU210-35 <br />4. USE OF PREMISES: <br /> <br /> Tenant will have non-exclusive access to use the Premises solely for kitchen purposes as <br />outlined herein during the Building’s normal hours of operation. Tenant will not use or occupy the <br />Premises for any unlawful purpose, and will comply with all present and future laws, ordinances, <br />regulations and orders of all governmental units having jurisdiction over the Premises. Tenant will <br />not use or occupy the Premises for overnight accommodations. Tenant shall not cause or permit any <br />unusual noise, vibrations, odors or nuisance in or about the Premises and the Building and grounds <br />nor shall Tenant permit any debris, property or merchandise of Tenant, its officers, employees or <br />agents to be placed or left upon the grounds; and Tenant, its officers and employees shall observe all <br />reasonable rules and regulations adopted by Landlord for the general safety, comfort and <br />convenience of Landlord, Tenant and other Tenants. <br /> <br /> Use of the Premises by the tenant shall be predicated upon providing proof of a valid Food <br />Caterers License issued by Ramsey County. <br /> <br /> In the event Tenant shall cause or permit any unusual noise, odor or nuisance or the storage <br />of any debris, property or merchandise of Tenant, its officers, employees or agents, in or about the <br />Premises, the Building or grounds in violation of the terms of this Section, landlord shall be entitled <br />to take any steps it deems reasonably necessary to correct or remove such violation and Tenant shall <br />pay Landlord, as additional rent hereunder, all costs and expenses incurred in such correction or <br />removal including all costs and expenses incurred in ascertaining which Tenant is responsible for <br />such violation. <br /> <br /> Landlord disclaims any warranty that the Premises are suitable for Tenant's use and Tenant <br />acknowledges that it has had a full opportunity to make its own determination in this regard. <br />Landlord warrants, to the best of its knowledge, that the building is in compliance with the <br />Americans with Disabilities Act (ADA). In the event that the premises is found not to be in <br />compliance, Landlord shall be responsible for all construction or alteration of the premises to render <br />the premises in compliance with ADA. <br /> <br /> Tenant will not conduct or permit to be conducted any activity, or place any equipment in or <br />about the Premises, which will in any way increase the rate of fire insurance or other insurance on <br />the building; and if any increase in the rate of fire insurance or other insurance is stated by any <br />insurance company or by the applicable Insurance Rating Bureau to be due to activity or equipment <br />of Tenant in or about the Premises, such statement shall be conclusive evidence that such increase in <br />such rate is due to such activity or equipment and, as a result thereof, Tenant shall be liable for such <br />increase and shall reimburse Landlord therefore and, further, shall discontinue or cause the <br />discontinuance of such conduct or shall remove such equipment upon Landlord's demand made at <br />any time thereafter. <br /> <br /> Tenant shall not install, use, generate, store or dispose of in or about the Premises any <br />hazardous substance, toxic chemical, pollutant or other material regulated by the Comprehensive <br />Environmental Response, Compensation and Liability Act of 1985 or the Minnesota Environmental <br />Response and Liability Act or any similar law or regulation, including without limitation any <br />material containing asbestos, PCB, CFC or HCFC (collectively "Hazardous Materials") without <br />Landlord's written approval of each Hazardous Material. Landlord shall not unreasonably withhold