Common use of ADDITIONAL OPERATIONAL COVENANTS Clause in Contracts

ADDITIONAL OPERATIONAL COVENANTS. Tenant covenants and agrees, at all times during the Term and such other times as Tenant occupies the Leased Premises or any part thereof, to comply, at its own cost and expense, with the following: A. Any handling of freight or deliveries to or from the Leased Premises shall be made in a manner which is consistent with good shopping center practice and only at such times, in the areas and through the entrances and exits designated by Landlord (acting reasonably). B. All garbage and other refuse shall be kept inside the Leased Premises in the kind of container specified by Landlord and shall be placed outside of the Leased Premises prepared for collection in the manner and at the times and places specified by Landlord. If Landlord elects to furnish or designate such service for the removal and/or recycling of garbage and other refuse, Tenant shall use the service furnished or designated by Landlord, but Tenant shall not be obligated to pay more for such service than the prevailing competitive rates charged by reputable, independent trash removal and/or recycling contractors for the same service on a direct and individual basis. If furnished or billed by Landlord, Tenant shall pay for such service monthly as additional rent. If Landlord does not provide such service, Tenant shall be solely responsible for the removal (including any recycling required by any applicable Law) of all garbage and other refuse from the Leased Premises and shall pay promptly all charges therefor. C. Tenant shall not (i) suffer, allow or permit any vibration, noise, odor or flashing or bright light to emanate from the Leased Premises; (ii) paint or cause to be displayed, painted or placed, any handbills, bumper stickers or other advertising devices on any vehicle(s) parked in the parking area(s) of the Shopping Center, whether belonging to Tenant, its employee(s), or any other person(s); (iii) solicit business or distribute, or cause to be distributed, in the Common Areas any handbills, promotional materials or other advertising; (iv) conduct or permit any other activities in the Leased Premises that might constitute a nuisance; (v) permit the parking of vehicles so as to interfere with the use of any driveway, corridor, walkway, parking area, mall or any other Common Area; or (vi) use or occupy the Leased Premises or do or permit anything to be done therein which in any manner might cause injury or damage in or about the Shopping Center. D. Tenant shall maintain a comfortable temperature level within the Leased Premises, taking into account the nature of Tenant's business. E. Tenant shall use and allow to be used all plumbing within the Leased Premises and the Shopping Center only for the purpose for which it is designed, and no grease or foreign substance of any kind shall be thrown therein. The expense of any breakage, stoppage or damage resulting from a violation of this provision shall be paid for by Tenant upon demand. F. Tenant shall contract for and utilize termite and pest extermination services for the Leased Premises as necessary. G. Subject to Section 4.2 of this Lease, Tenant shall keep any display windows or signs in or on the Leased Premises well lighted during such hours and days that the Shopping Center, or the portion thereof in which Tenant is located, is lighted by Landlord. H. Tenant shall contract for and utilize a window-cleaning service and maintain the windows in the Leased Premises in a reasonably clean condition and in a manner consistent with a first class shopping center. If Tenant fails to keep its windows clean, Landlord may cause the same to be kept clean (through a service or otherwise) and Tenant shall pay the cost thereof upon demand. I. Tenant shall use good faith efforts to avoid any action which would cause any work stoppage, picketing, labor disruption or dispute, or any interference with the business or the rights and privileges of Landlord or any other tenant, occupant or other person lawfully in the Shopping Center (any such event shall be referred to collectively herein as a "Labor Dispute"). If any action or inaction on the part of any Tenant Related Party causes a Labor Dispute, Tenant shall use good faith, reasonable efforts to have any pickets removed. In addition, if deemed necessary by Landlord, Tenant shall terminate at any time any construction work being performed in the Leased Premises giving rise to such Labor Dispute, until such time as Landlord shall have given its written consent for the resumption of such work (which consent shall not be unreasonably withheld), and Tenant shall have no claim for damages of any nature against any of the Landlord Related Parties in connection therewith, nor shall the date of the commencement of the Term be extended as a result thereof. J. Tenant shall pay before delinquency all fees and charges and shall maintain all licenses and permits required for Tenant to lawfully use the Leased Premises as contemplated by this Lease. K. Tenant shall use the Shopping Center name as existing, or as the same may be changed from time to time, in designating the location of the Leased Premises in all local newspaper or other local advertising, and all other references to the location of the Leased Premises. L. Tenant shall not conduct or permit to be conducted any auction, fire, "going out of business" or similar type of sale; provided, however, that this provision shall not restrict the absolute freedom (as between Landlord and Tenant) of Tenant to determine its own selling prices nor shall it preclude periodic, seasonal, promotional or clearance sales held in the ordinary course of business. M. Tenant shall not place a load on any floor in the Shopping Center exceeding the load which it was designed to carry, nor shall Tenant install, operate or maintain thereon any heavy item or equipment except in such manner as to achieve a proper distribution of weight. The foregoing limitation shall not prevent the installation on the Leased Premises of such equipment and personal property as may be necessary for the operation of a first-class, full service fitness center, provided the same is placed in the Leased Premises in compliance with this Section 4.4(M). N. Tenant shall not install, operate or maintain in the Leased Premises or in any other area of the Shopping Center any electrical equipment which does not bear the Underwriters Laboratories seal of approval, or its equivalent, or which would overload the electrical system or any part thereof beyond its capacity for proper, efficient and safe operation as determined by Landlord (in its reasonable business judgment), taking into consideration the overall electrical system and the present and future requirements therefor in the Shopping Center. O. To the extent required by Landlord (in its reasonable business judgment), or any applicable Law, Tenant shall provide sound barriers for all mechanical systems serving the Leased Premises. P. Tenant shall not store, display, sell, distribute or otherwise keep in, upon or about the Leased Premises any live animals of any kind, any alcoholic beverages or any dangerous materials without the prior written consent of Landlord or unless expressly allowed by Section 1.1(I) hereof. Q. Tenant shall not sell, distribute or display any item or provide any service in any manner which, in Landlord's good faith judgment, is inconsistent with the quality of operation of the Shopping Center or may tend to injure or detract from the moral character or image of the Shopping Center within the community. The foregoing limitation does not prevent the use of the Leased Premises for the operation of a first-class, full service fitness center. Without limiting the generality of the foregoing, Tenant shall not permit any "adult" or nude entertainment in the Leased Premises and shall not sell, distribute or display any paraphernalia commonly used in the use or ingestion of illicit drugs, or any x-rated, pornographic or so-called "adult" newspaper, book, magazine, film, picture, video tape, video disk, or other similar representation or merchandise of any kind. R. Tenant shall comply with and shall cause the Leased Premises to comply with all Laws affecting the Leased Premises or any part or the use thereof. Notwithstanding the foregoing, except as provided below, Tenant shall have no obligation to comply with any such Laws to the extent the same require structural alterations or structural repairs to the Leased Premises (collectively, the "Structural Work"), all of which required Structural Work shall be the obligation of Landlord (except that the foregoing does not in any way relieve Tenant from any responsibility to pay its share of Landlord's Operating Costs as provided in this Lease), except to the extent that such Structural Work is (a) to the non-structural portions of the storefront of the Leased Premises, (b) caused by an act or omission of Tenant, or Tenant's agents, employees or contractors, (c) required as a result of Tenant's specific use of the Leased Premises or the particular configuration of the Leasehold Improvements within the Leased Premises, (d) necessitated by any improvement, alteration or addition to the Leased Premises performed by or at the direction of Tenant, (e) to any improvement, alteration or addition to the Leased Premises performed by or at the direction of Tenant, or (f) required of Tenant in its capacity as an employer, in any of which cases such Structural Work shall be performed at Tenant's sole cost and expense, and at Landlord's option, shall be performed by Tenant. S. Tenant shall not operate or permit to be operated on the Leased Premises any coin or token operated vending machine or similar device including, without limitation, telephones, amusement devices and machines for sale of beverages, foods, candy, cigarettes or other goods, but Tenant shall have the right to operate vending machines located in a non-sales area of the Leased Premises for the exclusive use of Tenant's employees. T. If Landlord designates any portion of the Shopping Center parking area for employee parking ("Employee Parking Areas"), Tenant and Tenant's employees shall park their motor vehicles only in said Employee Parking Areas. U. Tenant shall not use, permit or suffer the use of the Leased Premises, or any part thereof, as living, sleeping or lodging quarters, or for any other residential purposes. V. The exterior areas of the Shopping Center immediately adjoining the Leased Premises shall be kept clear at all times by Tenant, and Tenant shall not place or permit any obstructions, garbage, refuse, improvements, merchandise or displays in such areas. W. Tenant shall comply with and observe all other reasonable rules and regulations established by Landlord, from time to time, provided such rules and regulations shall be uniformly and non-discriminatorily applicable to all other similarly situated tenants of the Shopping Center and further provided that such rules and regulations do not materially decrease Tenant's rights or materially increase Tenant's obligations under this Lease.

ADDITIONAL OPERATIONAL COVENANTS. Tenant covenants and agrees, at all times during the Term and such other times as Tenant occupies the Leased Premises or any part thereof, to comply, at its own cost and expense, with the following: A. Any handling of freight or deliveries to or from the Leased Premises shall be made in a manner which is consistent with good shopping center practice and only at such times, in the areas and through the entrances and exits designated by Landlord (acting reasonably)Landlord. B. All garbage and other refuse shall be kept inside the Leased Premises or disposed of in accordance with the kind of container specified by Landlord Plan attached hereto as Exhibit F and shall be placed outside of the Leased Premises prepared for collection in the manner and at the times and places specified by Landlordaccordance with all Laws. If Landlord elects to furnish or designate such service for the removal and/or recycling of garbage and other refuse, Tenant shall use the service furnished or designated by Landlord, but Tenant shall not be obligated to pay more for such service than the prevailing competitive rates charged by reputable, independent trash removal and/or recycling contractors for the same service on a direct and individual basis. If furnished or billed by Landlord, Tenant shall pay for such service monthly as additional rent. If Landlord does not provide such service, Tenant shall be solely responsible for the removal (including any recycling required by any applicable Law) of all garbage and other refuse from the Leased Premises and shall pay promptly all charges therefor, and shall keep all refuse disposal areas in a neat and sanitary condition. C. Tenant shall not (i) suffer, allow or permit any vibration, noise, odor or flashing or bright light to emanate from the Leased Premises; (ii) paint or cause to be displayed, painted or placed, any handbills, bumper stickers or other advertising devices on any vehicle(s) parked in the parking area(s) of the Shopping Center, whether belonging to Tenant, its employee(s), or any other person(s); (iii) solicit business or distribute, or cause to be distributed, in the Common Areas any handbills, promotional materials or other advertising; (iv) conduct or permit any other activities in the Leased Premises that might constitute a nuisance; (v) permit the parking of vehicles so as to interfere with the use of any driveway, corridor, walkway, parking area, mall or any other Common Area; or (vi) use or occupy the Leased Premises or do or permit anything to be done therein which in any manner might cause injury or damage in or about the Shopping Center. D. Tenant shall maintain a comfortable temperature level within the Leased Premises, taking into account the nature of Tenant's business. E. Tenant shall use and allow to be used all plumbing within the Leased Premises and the Shopping Center only for the purpose for which it is designed, and no grease or foreign substance of any kind shall be thrown therein. The expense of any breakage, stoppage or damage resulting from a violation of this provision shall be paid for by Tenant upon demand. F. Tenant shall contract for and utilize termite and pest extermination services for the Leased Premises as necessary. G. Subject to Section 4.2 of this Lease, Tenant shall keep any display windows or signs in or on the Leased Premises well lighted during such hours and days that the Shopping Center, or the portion thereof in which Tenant is located, is lighted by Landlord. H. Tenant shall contract for and utilize a window-cleaning service and maintain the windows in the Leased Premises in a reasonably clean condition and in a manner consistent with a first class shopping center. If Tenant fails to keep its windows clean, Landlord may cause the same to be kept clean (through a service or otherwise) and Tenant shall pay the cost thereof upon demand. I. Tenant shall use good faith efforts to avoid any action which would cause any work stoppage, picketing, labor disruption or dispute, or any interference with the business or the rights and privileges of Landlord or any other tenant, occupant or other person lawfully in the Shopping Center (any such event shall be referred to collectively herein as a "Labor Dispute"). If any action or inaction on the part of any Tenant Related Party causes a Labor Dispute, Tenant shall use good faith, reasonable efforts to have any pickets removed. In addition, if deemed necessary by Landlord, Tenant shall terminate at any time any construction work being performed in the Leased Premises giving rise to such Labor Dispute, until such time as Landlord shall have given its written consent for the resumption of such work (which consent shall not be unreasonably withheld), and Tenant shall have no claim for damages of any nature against any of the Landlord Related Parties in connection therewith, nor shall the date of the commencement of the Term be extended as a result thereof. J. Tenant shall pay before delinquency all fees and charges and shall maintain all licenses and permits required for Tenant to lawfully use the Leased Premises as contemplated by this Lease. K. Tenant shall use the Shopping Center name as existing, or as the same may be changed from time to time, in designating the location of the Leased Premises in all local newspaper or other local advertising, and all other references to the location of the Leased Premises. L. Tenant shall not conduct or permit to be conducted any auction, fire, "going out of business" or similar type of sale; provided, however, that this provision shall not restrict the absolute freedom (as between Landlord and Tenant) of Tenant to determine its own selling prices nor shall it preclude periodic, seasonal, promotional or clearance sales held in the ordinary course of business. M. Tenant shall not place a load on any floor in the Shopping Center exceeding the load which it was designed to carry, nor shall Tenant install, operate or maintain thereon any heavy item or equipment except in such manner as to achieve a proper distribution of weight. The foregoing limitation shall not prevent the installation on the Leased Premises of such equipment and personal property as may be necessary for the operation of a first-class, full service fitness center, provided the same is placed in the Leased Premises in compliance with this Section 4.4(M). N. Tenant shall not install, operate or maintain in the Leased Premises or in any other area of the Shopping Center any electrical equipment which does not bear the Underwriters Laboratories seal of approval, or its equivalent, or which would overload the electrical system or any part thereof beyond its capacity for proper, efficient and safe operation as determined by Landlord (in its reasonable business judgment), taking into consideration the overall electrical system and the present and future requirements therefor in the Shopping Center. O. To the extent required by Landlord (in its reasonable business judgment), or any applicable Law, Tenant shall provide sound barriers for all mechanical systems serving the Leased Premises. P. Tenant shall not store, display, sell, distribute or otherwise keep in, upon or about the Leased Premises any live animals of any kind, any alcoholic beverages or any dangerous materials without the prior written consent of Landlord or unless expressly allowed by Section 1.1(I) hereof. Q. Tenant shall not sell, distribute or display any item or provide any service in any manner which, in Landlord's good faith judgment, is inconsistent with the quality of operation of the Shopping Center or may tend to injure or detract from the moral character or image of the Shopping Center within the community. The foregoing limitation does not prevent the use of the Leased Premises for the operation of a first-class, full service fitness center. Without limiting the generality of the foregoing, Tenant shall not permit any "adult" or nude entertainment in the Leased Premises and shall not sell, distribute or display any paraphernalia commonly used in the use or ingestion of illicit drugs, or any x-rated, pornographic or so-called "adult" newspaper, book, magazine, film, picture, video tape, video disk, or other similar representation or merchandise of any kind. R. Tenant shall comply with and shall cause the Leased Premises to comply with all Laws affecting the Leased Premises or any part or the use thereof. Notwithstanding the foregoing, except as provided below, Tenant shall have no obligation to comply with any such Laws to the extent the same require structural alterations or structural repairs to the Leased Premises (collectively, the "Structural Work"), all of which required Structural Work shall be the obligation of Landlord (except that the foregoing does not in any way relieve Tenant from any responsibility to pay its share of Landlord's Operating Costs as provided in this Lease), except to the extent that such Structural Work is (a) to the non-structural portions of the storefront of the Leased Premises, (b) caused by an act or omission of Tenant, or Tenant's agents, employees or contractors, (c) required as a result of Tenant's specific use of the Leased Premises or the particular configuration of the Leasehold Improvements within the Leased Premises, (d) necessitated by any improvement, alteration or addition to the Leased Premises performed by or at the direction of Tenant, (e) to any improvement, alteration or addition to the Leased Premises performed by or at the direction of Tenant, or (f) required of Tenant in its capacity as an employer, in any of which cases such Structural Work shall be performed at Tenant's sole cost and expense, and at Landlord's option, shall be performed by Tenant. S. Tenant shall not operate or permit to be operated on the Leased Premises any coin or token operated vending machine or similar device including, without limitation, telephones, amusement devices and machines for sale of beverages, foods, candy, cigarettes or other goods, but Tenant shall have the right to operate vending machines located in a non-sales area of the Leased Premises for the exclusive use of Tenant's employees. T. If Landlord designates any portion of the Shopping Center parking area for employee parking ("Employee Parking Areas"), Tenant and Tenant's employees shall park their motor vehicles only in said Employee Parking Areas. U. Tenant shall not use, permit or suffer the use of the Leased Premises, or any part thereof, as living, sleeping or lodging quarters, or for any other residential purposes. V. The exterior areas of the Shopping Center immediately adjoining the Leased Premises shall be kept clear at all times by Tenant, and Tenant shall not place or permit any obstructions, garbage, refuse, improvements, merchandise or displays in such areas. W. Tenant shall comply with and observe all other reasonable rules and regulations established by Landlord, from time to time, provided such rules and regulations shall be uniformly and non-discriminatorily applicable to all other similarly situated tenants of the Shopping Center and further provided that such rules and regulations do not materially decrease Tenant's rights or materially increase Tenant's obligations under this Lease.