Active Public Use. The parties acknowledge that County’s objective in entering into this Lease is the complete and continuous use of the facilities and amenities located in Marina del Rey by and for the benefit of the public, without discrimination as to race, gender or religion, and for the generation and realization by County of revenue therefrom. Accordingly, Lessee agrees and covenants that it will operate the Premises and Improvements located thereon fully and continuously (except to the extent that Lessee is prevented from doing so due to Force Majeure, temporary interruption as necessary for maintenance and repair, or temporary interruption as necessary to accommodate renovation, alteration or other improvement work required or permitted to be performed by Lessee under this Lease (collectively, “Operating Covenant Exceptions”)) in light of these objectives, consistent with the operation of comparable facilities, and that it will use commercially reasonable efforts so that County may obtain maximum revenue therefrom as contemplated by this Lease. In the event of any dispute or controversy relating hereto, this Lease shall be construed with due regard to the aforementioned objectives.
Active Public Use. The parties acknowledge that County’s objective in entering into this Lease is the complete and continuous use (subject to the construction periods contemplated herein) of the Premises and Improvements, without discrimination as to race, gender or religion, and for the generation and realization by County of revenue therefrom. Accordingly, Lessee agrees and covenants that it will operate the Premises and Improvements fully and continuously in light of these objectives, consistent with the operation of comparable residential apartment projects, and that it will use commercially reasonable efforts to maximize the County’s revenue therefrom in accordance with this Lease. In the event of any dispute or controversy relating hereto, this Lease shall be construed with due regard to the aforementioned objectives.
Active Public Use. The parties acknowledge that the ultimate objective of this Contract is the complete and continuous use of the Premises by and for the benefit of the public, without discrimination as to race, gender or religion, along with generation and realization of revenue therefrom. Accordingly, Concessionaire agrees and covenants that it will operate the Premises fully and continuously toward the end that the public may enjoy maximum benefits from the Premises and it will use commercially reasonable efforts so that County may obtain maximum revenue therefrom as contemplated by this Contract. In the event of any dispute or controversy relating hereto, this Contract shall be construed with due regard to the abovementioned objectives.
Active Public Use. The ultimate object of this Agreement is professional, safe, and convenient operation of the Facilities for the benefit of the public, the immediate object of this Agreement being the development and realization of the revenue therefrom. It is agreed that the immediate and ultimate objects of this Agreement are consistent and compatible. Accordingly, Concessionaire covenants and agrees that Concessionaire will operate the Facilities, at a minimum, as detailed below, and as may be amended from time to time by mutual agreement of Landlord and Concessionaire.
Active Public Use. The parties acknowledge that the ultimate objective of this Lease is the complete and continuous use of the facilities and amenities located in Marina del Rey by and for the benefit of the public, without discrimination as to race, gender or religion, along with the generation and realization of revenue therefrom. Accordingly, Lessee agrees and covenants that it will operate the Premises fully and continuously (except to the extent that Lessee is prevented from doing so due to Force Majeure, temporary interruption as necessary for maintenance and repair, or temporary interruption as necessary to accommodate renovation, alteration or other improvement work required or permitted to be performed by Lessee under this Lease (collectively, “Operating Covenant Exceptions”)) in light of these objectives, consistent with the operation of comparable facilities, and that it will use commercially reasonable efforts so that County may obtain maximum revenue therefrom as contemplated by this Lease. In the event of any dispute or controversy relating hereto, this Lease shall be construed with due regard to the aforementioned objectives.
Active Public Use. The parties acknowledge that the ultimate objective of this Agreement is the complete and continuous use of the Premises by and for the benefit of the public, without discrimination as to race, gender or religion, along with the generation and realization of revenue therefrom. Accordingly, Concessionaire agrees and covenants that it will operate the Premises fully and continuously toward the end that the public may enjoy maximum benefits from the Premises and that it will use commercially reasonable efforts so that County may obtain maximum revenue therefrom as contemplated by this Agreement. In the event of any dispute or controversy relating hereto, this Agreement shall be construed with due regard to the aforementioned objectives. However, nothing herein shall require the Premises to be open twenty four (24) hours per day or during such hours as comparable restaurants are not normally open and Concessionaire may, to the extent necessary, close the restaurant to make necessary repairs, renovations or to comply with Applicable Laws.
Active Public Use. The parties acknowledge that County’s objective in entering into this Lease is the complete and continuous use of the facilities and amenities located in Marina del Rey by and for the benefit of the public, without discrimination as to race, gender or religion, and for the generation and realization by County of revenue therefrom. Accordingly, Lessee agrees and covenants that it will operate the Premises and Improvements fully and continuously (except to the extent that Lessee is prevented from doing so due to Force Majeure or due to temporary interruption as necessary for the Renovation Work, maintenance, repair, renovation, alteration or other improvement work required or permitted to be performed by Lessee under this Lease) in light of these objectives, consistent with the operation of comparable residential facilities, and that it will use commercially reasonable efforts so that County may obtain maximum revenue therefrom as contemplated by this Lease, provided, that Lessee shall self-subsidize the Affordable Units from the rental income available to Lessee from the Premises and there shall be no “rent credits” or “subsidies” provided by County to Lessee for such Affordable Units. In the event of any dispute or controversy relating hereto, this Lease shall be construed with due regard to the aforementioned objectives.
