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<br />habitat. Portions of the Premises may be needed to facilitate that work, including both physical <br />changes and changes to the size of the Premises. Lessor will keep Lessee apprised of those <br />negotiations. <br />Therefore, it is understood, and hereby agreed upon, these Paramount Responsibilities supersede <br />any and all terms, conditions, covenants, or promises of this lease, that no Lease provision shall <br />diminish Lessor's rights to carry out its Paramount Responsibilities, and that Lessor shall not be <br />in any respect liable to Lessee as a result of Lessor’s exercise of these rights. <br />5. PERMITTED USE <br />The delineated Premises shall be used for public picnic grounds and public park purposes only <br />and for no other purpose whatever. Lessee agrees that said picnic ground and public park uses <br />shall be operated without profit to Lessee; however, Lessee may charge any reasonable fee <br />deemed proper or necessary to recover the costs of the operation, maintenance, and supervision <br />of said picnic area and its appurtenant facilities and equipment; provided, however, that any such <br />fee shall be uniform in its operation as to all persons allowed to use said picnic grounds and area. <br />Lessee further agrees that it will not give or lease to any person, firm, or corporation, any <br />concession for the sale of food, beverages, services, amusements, or anything of like nature <br />without first obtaining the written consent of Lessor. <br />6. SUBLETTING AND ASSIGNMENT <br />Lessee shall not voluntarily or by operation of law assign, transfer, sublet, or otherwise transfer <br />or encumber all or any part of Lessee’s interest in the Lease or in the Premises, without Lessor’s <br />prior written consent <br />7. MAINTENANCE AND OPERATING PLAN <br /> <br />a. Maintenance: Lessee, at its sole cost and expense unless otherwise provided for in this <br />Lease, shall maintain and keep the leased Premises in safe and good and clean condition <br />and repair at all times during the Term. <br />b. Operating Plan: Lessee has submitted to Lessor an operating plan (Operating Plan) as <br />detailed in Exhibit “D”, attached hereto and made a part hereof, which includes <br />management principles, procedures, and practices to be followed by Lessee prior to <br />allowing access to the Premises to the general public. The following items, at a <br />minimum, are required to be covered in the Operating Plan: road maintenance; parking <br />lot maintenance; bridge maintenance; facility maintenance; field maintenance, equipment <br />maintenance, fencing maintenance, playground maintenance, security, and safety. <br />Thereafter, and during the term of this Lease and any extensions, continuations, and <br />renewals thereof, Lessee shall perform all work and conduct its operations upon the <br />delineated Premises in accordance with such approved Operating Plan or such <br />amendments thereof as may from time to time be mutually agreed upon by the parties <br />537