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lighting. Licensee shall be responsible for payment of all utilities serving the Premises. Subject
<br />to Paragraph d above, Licensee shall take reasonable steps to ensure that access to the Premises
<br />is limited to Licensee and Licensee's agents, employees, contractors and subcontractors.
<br />h. City shall have the right at all times during the term of this Agreement to
<br />enter upon and to inspect the Premises to ensure compliance with this Agreement.
<br />i. Prior to the expiration of the term of this Agreement (as such may be
<br />extended pursuant to Section 2 1 at Licensee's sole cost and expense, Licensee shall remove all
<br />vehicles, equipment, materials and personal property from the Premises and shall restore the
<br />Premises to its condition existing as of the Effective Date, reasonable wear and tear excepted
<br />( "Original Condition "). If Licensee fails to comply with the foregoing, City shall have the
<br />right to remove all vehicles, equipment, materials and personal property from the Premises and
<br />to restore the Premises to Original Condition, and Licensee shall be obligated to pay City for all
<br />costs incurred by City in connection with such removal and restoration within five (5) business
<br />days following receipt of City's invoice therefor.
<br />5. AS -IS Condition Licensee acknowledges that the Premises were formerly used for
<br />the repair and sale of auto parts, including brakes and brake repair. In addition, the Property is
<br />adjacent to and near former and current auto wrecking yards. Licensee elects to use the
<br />Premises with knowledge that Hazardous Materials and hazardous conditions may and do exist
<br />on, in or about the Premises. Licensee acknowledges that the City is permitting Licensee to use
<br />the Premises pursuant to this Agreement on an "AS IS ", "WHERE IS" and "WITH ALL
<br />FAULTS" basis and that Licensee is not relying on any representations or warranties of any kind
<br />whatsoever, express or implied, from City, its employees, board members, agents, or brokers as
<br />to any matters concerning the Premises. The City makes no representations or warranties as to
<br />any matters concerning the Premises, including without limitation: (i) the quality, nature,
<br />adequacy and physical condition of the Property or the Improvements, including, but not limited
<br />to, structural elements, foundation, roof, appurtenances, access, landscaping, parking facilities,
<br />and the electrical, mechanical, HVAC, plumbing, sewage, and utility systems, facilities and
<br />appliances, (ii) the quality, nature, adequacy, and physical condition of soils, geology and any
<br />groundwater, (iii) the existence, quality, nature, adequacy and physical condition of utilities
<br />serving the Premises, (iv) the Premises' use, habitability, merchantability, or fitness, suitability,
<br />value or adequacy of the Premises for any particular purpose, (v) the compliance of the Premises
<br />with any Environmental Laws, covenants, conditions and restrictions of any governmental or
<br />quasi - governmental entity or of any other person or entity, (vi) the presence or removal of
<br />Hazardous Materials, substances or wastes in, on, under or about the Premises or the adjoining or
<br />neighboring property; (vii) the quality of any labor and materials used in any Improvements, or
<br />(viii) the condition of title to the Property.
<br />5.1 Licensee to Rely on Own Experts Licensee understands that notwithstanding the
<br />delivery by City to Licensee of any materials, including, without limitation, third parry reports,
<br />Licensee will rely entirely on Licensee's own experts and consultants and its own independent
<br />investigation in proceeding with the use of the Premises pursuant to this Agreement.
<br />6. Indemnification Licensee agrees to indemnify, defend (with counsel approved by City)
<br />and hold City and its elected and appointed officers, officials, employees, agents and
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