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LESSEE may assign this Lease to, or may otherwise merge or consolidate its operation with, <br /> an affiliate of the LESSEE with the consent of the City. For the purpose this Section, <br /> "affiliate" means, with respect to LESSEE (i) any entity directly or indirectly controlling, <br /> controlled by, or under common control with LESSEE, or (ii) any entity in which LESSEE <br /> owns at least twenty five percent (25%) of the voting interests; provided, however, that the <br /> assigning LESSEE shall not be relieved of its obligations hereunder. <br /> 12. INTEREST CONFERRED BY LESSEE <br /> The provisions of this Lease Agreement do not constitute a lease and the rights of the <br /> LESSEE hereunder are not those of a tenant. No leasehold interest in the AREA is conferred <br /> upon the LESSEE under the provisions hereof. <br /> 13. TAXES/IMPOSITIONS <br /> The LESSEE shall pay before delinquency and before any fine, penalty or interest may <br /> be added thereto for the non-payment thereof, all real estate taxes, personal property taxes and <br /> other governmental charges, unforeseen as well as foreseen that may be imposed upon the City <br /> as a result of this Lease Agreement. <br /> 14. RELEASE OF CITY FROM LIABILITY <br /> The LESSEE shall release and discharge the CITY from any and all liability for the loss <br /> of his merchandise, goods, equipment or other property of the AREA if lost, damaged, <br /> destroyed by fire, theft, rain, water or other causes. <br /> 15. ANNUAL STATEMENTS <br /> Upon request, the LESSEE shall submit to the City an Annual certified statement of <br /> operations shall be submitted within sixty(60) days of the end of each twelve-month period. <br /> 16. AUDITING OF ACCOUNTS <br /> 6 <br />