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for business to the public. Tenant shall be responsible for all utilities at Lease <br />Commencement and utilities and CAM starting at Rent Commencement. <br />Permit Contingency: Tenant will have the right to terminate the Lease if it is unable to obtain all <br />permits, variances and governmental approvals ("Permits") needed for the lawful <br />construction of its store built pursuant to Five Guys specifications and operation of <br />its store within one hundred twenty (120) days after the date Tenant's plans have <br />been approved by Landlord. So long as Tenant is diligently endeavoring to obtain <br />all Permits, Tenant shall not be required to exercise its termination right until the <br />applicable authority has made a final decision and all appeals of the decision have <br />been exhausted. Landlord will cooperate with Tenant and will execute any <br />necessary applications for such Permits. Tenant shall be required to submit plans <br />for Landlord approval within 30 days from Lease Commencement. Tenant shall <br />apply for permits within 30 days following Landlord's approval of Tenants plans. <br />Rent Abatement: Tenant's Base Rent shall abate for One -Hundred and Eighty (180) days following <br />the Rent Commencement Date. <br />Landlord will deliver Premises in As -is condition however, Landlord to ensure all <br />Delivery Condition: utilities and HVAC are in good working order at lease execution. Tenant shall be <br />responsible for utilities and HVAC throughout the duration of the lease (from lease <br />commencement). <br />Landlord shall, to the maximum extent trim the trees in front of Tenant's proposed <br />Tree Coverage: positioning prior to Tenant's possession of the premises. To be further discussed. <br />Co -Tenancy: None <br />Signage: Landlord consents to Tenant's standard signage package attached hereto as Exhibit <br />C. Tenant shall have the right to the top panel on the monument sign along US <br />Hwy 1. Tenant shall be allowed to install maximum signage on the premises, as <br />allowed by local municipality. If permitted, Tenant shall be permitted to establish <br />signage on all sides of the building. <br />Landlord will provide all necessary parking for Tenant's employees and customers <br />Parking: at no additional cost to Tenant. Tenant shall have the right to reserve up to two <br />dedicated parking stalls near the front of the store entrance for Tenant's carryout <br />and third party delivery. Tenant shall have the right to use the rear portion of the <br />parking lot for additional delivery service pick up. Pending confirmation from City <br />of Sebastian. <br />Permitted Transfers: Assignment and subletting to another entity will be subject to the exclusive use <br />clauses in place at that time. Tenant shall not transfer the Premises in whole or in <br />part, or permit occupancy of all or any part of the Premises by anyone other than <br />Rev. 3.30.17 SN <br />