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4. USE OF PREMISES: <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 <br />the Premises for any unlawful purpose, and will comply with all present and future laws, <br />ordinances, regulations and orders of all governmental units having jurisdiction over the Premises. <br />Tenant will not use or occupy the Premises for overnight accommodations. Tenant shall not cause <br />or permit any unusual noise, vibrations, odors or nuisance in or about the Premises and the Building <br />and grounds nor shall Tenant permit any debris, property or merchandise of Tenant, its officers, <br />employees or agents to be placed or left upon the grounds; and Tenant, its officers and employees <br />shall observe all reasonable rules and regulations adopted by Landlord for the general safety, <br />comfort and convenience of Landlord, Tenant and other Tenants. <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 />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 <br />shall pay Landlord, as additional rent hereunder, all costs and expenses incurred in such correction <br />or removal including all costs and expenses incurred in ascertaining which Tenant is responsible <br />for such violation. <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 <br />render the premises in compliance with ADA. <br />Tenant will not conduct or permit to be conducted any activity, or place any equipment in <br />or about the Premises, which will in any way increase the rate of fire insurance or other insurance <br />on 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 <br />in such rate is due to such activity or equipment and, as a result thereof, Tenant shall be liable for <br />such 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 />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 <br />Environmental Response and Liability Act or any similar law or regulation, including without <br />limitation any material containing asbestos, PCB, CFC or HCFC (collectively "Hazardous <br />Materials") without Landlord's written approval of each Hazardous Material. Landlord shall not <br />unreasonably withhold its approval of use by Tenant of immaterial quantities of Hazardous <br />2 <br />416585v5 SJR MU210-35 <br />