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pylon or monument sign at the Center. Tenant shall be permitted, at its sole cost and expense, to install a sign in compliance with this Section 9.01 on such pylon or monument sign at a location thereon to be determined by Landlord. SECTION 10 UTILITIES 10.01 Tenant's Responsibility for Utilities Consumed. Tenant shall make application for, be responsible for, and promptly pay all charges for all Utilities consumed at the Leased Premises. 10.02 Utility Interruption. Landlord shall not be liable for any interruption or impairment in the supply of Utility service, nor shall any interruption or impairment constitute a breach by Landlord of the terms and conditions of this Lease nor shall any interruption or impairment constitute a ground for an abatement of Rent. Tenant shall not at any time overburden or exceed the capacity of any Utility services which are supplied to the Leased Premises. 10.03 Alternative Billing. If the authority or authorities supplying Utilities servicing the Leased Premises provide that the bills therefor be rendered to Landlord, then Tenant shall reimburse Landlord for the amount of each such bill upon request by Landlord. 10.04 HVAC. Tenant shall, at its own expense maintain a heat, ventilation and air condition ("HVAC'D maintenance contract with a third (31) party person or entity employed in the business of servicing HVAC units of the type serving the Leased Premises and which is fully licensed to repair such units in the State of Florida, which person or entity shall service the HVAC unit(s) at the Leased Premises on a regular basis (not less than semi-annually), which service shall include, but shall not be limited to, changing belts, filters and all other parts as required. Such person or entity shall perform emergency repairs on the HVAC units(s) and keep a detailed record of all services performed and prepare a yearly service report to be furnished to the Tenant at the end of each Calendar Year. Tenant shall furnish to Landlord at the end of each Calendar Year a copy of such yearly service report. A copy of the HVAC maintenance contract described above shall be provided by Tenant to Landlord on or prior to the Commencement of the Term, together with proof that the annual premium for such contract has been paid. Tenant shall notify Landlord in writing of any person or entity contracted by Tenant to provide preventative maintenance or repairs to the HVAC unit(s) serving the Leased Premises. SECTION 11 ASSIGNMENT AND SUBLETTING 11.01 Assignment and Subletting (a) Assignment and subletting to another entity will be subject to the exclusive use clauses in place at that time. Tenant shall not transfer the Premises in whole or in part, or permit occupancy of all or any part of the Premises by anyone other than Tenant (the foregoing are referred to as "Transfer" or "Transfers") without first procuring the consent of the Landlord, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant shall not be required to obtain Landlord's consent to assign this Lease to: (a) the parent of majority-owned subsidiary or affiliate of Tenant; (b) a person or entity acquiring the assets of at least twenty-five (25) stores of Tenant in a single transaction or (c) any entity resulting from a (i) merger (ii) consolidation, (iii) initial public offering, or (iv) sale of substantially all of Tenant's assets, or (d) a franchisee of Tenant 18