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METRO Transit Station License Agreement Licensor is required by federal, state, or local law ordinance, order etc to make any improvements, changes or alterations ("Improvements") to the property on which Store/Club #931 is located, in order to comply with such laws, such collateral Improvements shall be the responsibility of Licensee All costs associated with such collateral Improvements shall be borne by Licensee. Section 3 - Term. This Agreement shall commence on the date included in the introductory paragraph of this Agreement (the "Date of Commencement") and, unless extended by the undersigned, shall terminate on the earlier of: (i) three (3) years from the Date of commencement or (ii) thirty (30) days after notice is given by either party of the desire to terminate the Agreement. At the time this Agreement is terminated, Licensee shall remove the Transit Station and all of the Licensee equipment at the Transit Site and upon removal of the Transit Station, Licensee shall return the Transit Site to substantially the condition existing prior to the installation of the Transit Station. ,Section 4 - Effective Date. This Agreement shall become effective upon being executed by the parties hereto and shall remain in full force and effect until such time as either party terminates this Agreement as provided in Section 3 hereof. ,Section 5 - Damage to the Transit Station. Licensee shall be responsible for day-to-day normal and customary maintenance of the Transit Site and the Transit Station, and every part thereof, including, but not limited to, washing the Transit Station from time to time and picking up trash on the Transit Station on a regular basis. Licensee shall be responsible for heavy maintenance, including, but not limited to painting, removal of graffiti and concrete repair, as well as the repair of any damage to the Transit Station caused by Licensee and its agents. Such repair will be commenced within three (3) days after Licensee is notified by WAL-MART, in writing, of such damage. If Licensee shall fail to maintain the Transit Station in a clean manner, Wal-Mart shall have the right to clean the Transit Station after three (3) days written notice to Licensee. Licensor shall then be permitted to invoice Licensee for all costs incurred and to add a 15% administrative fee to such costs. Section 6 - Advertising. Licensee may place or permit placement of any advertising materials or public notices similar to those customarily placed on or in transit stations within the Licensee system on the exterior or interior of the Transit Station or on the Transit Site. Licensee shall have the right to retain all amounts generated by such advertising. Licensee shall not place or allow advertising of any nature, including signage in or around the Station which would either (i) promote or encourage the use of products legally prohibited to minors, such as tobacco products, alcohol or adult entertainment of any type, or (ii) promote or encourage major competitors to Wal- Mart. Wal-Mart retains the right to demand that Licensee remove any advertisement for any reason without liability for contractual obligations of the Licensee that are related to the advertisement. Such demand may be written or verbal and may be made with 24 hours notice. Section 7 - Security. WAL-MART shall not be responsible for providing security for the Transit Site or for any persons using the Transit Station Section 8 - No Partnershiq. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of Page 2 of 5