Common use of Continuous Operation Clause in Contracts

Continuous Operation. From and after sixty (60) days after the Completion of the Convention Center, RIDA shall actively and continuously use and operate the Improvements (other than the Existing Improvements) (in accordance with the Permitted Use, except to the extent a Force Majeure Event renders RIDA unable to do so (which inability, for the avoidance of doubt, shall be for the period of time that such Force Majeure Event prevents the use and/or operation of the Facility (excluding the Existing Improvements) and except for temporary interruptions reasonably and directly related to Alterations (provided that RIDA shall diligently prosecute construction of such Alterations to Completion in accordance with Section 6.10 hereof). Active and continuous use and operation shall (x) mean that the Improvements (other than the Existing Improvements) shall be continuously open for business, and appropriately staffed with personnel, on such days and for such hours as is customary for similar business operations in San Diego County, California and (y) shall include training activities and pre-opening activities after the Completion of the Convention Center and before opening the Convention Center to the public in an effort to open the Convention Center to the public, provided that RIDA diligently prosecutes such training activities and pre-opening activities. Notwithstanding anything to the contrary herein, RIDA may decide in its sole discretion and in good faith in order to maximize the long-term best interest of the Development that portions of the Convention Center which are not then in use may be temporarily closed if (a) RIDA reasonably believes that such temporary closure will not cause the Revenues (as defined in the Indenture) pledged under the Indenture to be less than the amount needed to pay the Annual Debt Service (as defined in the Indenture) and (b) such temporary closure does not materially and adversely affect the use and operation of, and access to, the remainder portion of the Convention Center (for example, for renovations; provided that such renovations are not otherwise prohibited by this Sublease and provided, further, that RIDA diligently prosecutes such renovations to completion). XXXX acknowledges and agrees that said active and continuous use and operation of the Improvements (other than the Existing Improvements) enhances the value of the lands within City’s jurisdiction; provides public service; and provides additional employment, taxes, and other benefits to the general economy of the area. The City acknowledges and agrees that RIDA shall not be in violation of this Section 6.1(c) for any failure to operate any retail, food service and other service space so long as RIDA has made and continues to make commercially reasonable efforts to lease such space.

Continuous Operation. From (a) Tenant hereby covenants, warrants and after represents that it will occupy the Premises on the Commencement Date (or as soon thereafter as Tenant shall have completed its Tenant Work). Tenant shall accept the Premises in their "as is-where is" condition on the Effective Date. Tenant hereby further covenants, warrants and represents that at all times during the Term hereof, Tenant shall continuously and uninterruptedly operate a full-service, sit-down, white table cloth restaurant from the Premises of the type described in Paragraph 12.1. In no event shall Tenant be permitted to be open for business beyond the hours of operating permitted pursuant to the laws of the District of Columbia. If Tenant shall fail to (i) open for business within sixty (60) days after the Completion Commencement Date or (ii) remain open for business as herein provided at the hours set forth herein, the same shall constitute a material breach of the Convention Center, RIDA shall actively and continuously use and operate the Improvements (other than the Existing Improvements) (in accordance with the Permitted Use, except this Lease giving rise to the extent a Force Majeure Event renders RIDA unable to do so (which inabilityremedies provided in this Lease and available at law or in equity, for the avoidance of doubt, and in addition Landlord shall be for the period of time that such Force Majeure Event prevents the use and/or operation of the Facility (excluding the Existing Improvements) and except for temporary interruptions reasonably and directly related entitled, among its other remedies, to Alterations (provided that RIDA shall diligently prosecute construction of such Alterations to Completion in accordance with Section 6.10 hereof). Active and continuous use and operation shall (x) mean that collect from Tenant an amount equal to all Monthly Base Rent due under this Lease PLUS an additional amount (which shall constitute Additional Rent under this Lease) of twelve percent (12%) of the Improvements (other than Monthly Base Rent per day for each and every day until the Existing Improvements) shall be continuously open date Tenant fully utilizes the Premises for businessTenant's business pursuant to this Lease, and appropriately staffed with personnel, on such days and for such hours as is customary for similar business operations in San Diego County, California and (y) shall include training activities and pre-opening activities after the Completion terminate this Lease or exercise any of the Convention Center and before opening remedies set forth in Xxxxxxxxx 00 xxxxx, xx (x) enjoin the Convention Center to removal or discontinuance of Tenant's business from the public in an effort to open the Convention Center to the public, provided that RIDA diligently prosecutes such training activities and pre-opening activities. Notwithstanding anything to the contrary herein, RIDA may decide in its sole discretion and in good faith in order to maximize the long-term best interest of the Development that portions of the Convention Center which are not then in use may be temporarily closed if (a) RIDA reasonably believes that such temporary closure will not cause the Revenues (as defined in the Indenture) pledged under the Indenture to be less than the amount needed to pay the Annual Debt Service (as defined in the Indenture) and (b) such temporary closure does not materially and adversely affect the use and operation of, and access to, the remainder portion of the Convention Center (for example, for renovations; provided that such renovations are not otherwise prohibited Premises by this Sublease and provided, further, that RIDA diligently prosecutes such renovations to completion). XXXX acknowledges and agrees that said active and continuous use and operation of the Improvements (seeking injunctive relief or other than the Existing Improvements) enhances the value of the lands within City’s jurisdiction; provides public service; and provides additional employment, taxes, and other benefits to the general economy of the areaappropriate remedy. The City acknowledges and agrees that RIDA operating covenant set forth herein shall not be in violation violated on account of this Section 6.1(cclosings attributable to Holidays, closings one (1) for day a week, one (1) two (2) week vacation period each Lease Year, any failure casualty or condemnation, strike, natural disaster, alterations or refurbishings diligently prosecuted or other events beyond Tenant's reasonable control (such events being referred to operate any retail, food service and other service space so long herein as RIDA has made and continues to make commercially reasonable efforts to lease such space"Permitted Closings").

Continuous Operation. From The Company, signatory to this Agreement, and after sixty (60) days after the Completion Guild agree that there shall be no strikes or lockouts during the life of this Agreement. There shall be no slowdown or stoppage of work during the period when a grievance is being resolved. Refusal to pass through a picket line which has not been held to be illegal shall not be construed as a violation of this Article. The Company will not require any member of the Convention CenterGuild to continue with a tow, RIDA if it has been brought through a picket line. Canadian Merchant Service Guild - and-Sea-Link Marine Services Collective Agreement October I, September Page of ARTICLE BENEFIT PLAN The Company Plan shall actively and continuously use and operate the Improvements (other than the Existing Improvements) (in accordance with the Permitted Use, except be equivalent to the extent level of benefits or the Company may participate in the Guild Plan as outlined below: The Employer shall pay to the Guild a Force Majeure Event renders RIDA unable monthly contribution of five hundred twenty dollars ($520.00) for each eligible Employee in its employ in lieu of providing a Health Benefit Plan including but not limited to do so (which inabilityLife Insurance, Accidental Death and Dismemberment, Weekly Indemnity, Extended Health Care, Long Term Disability and Dental coverage. The Guild shall provide a Health Benefit Plan for the avoidance of doubt, shall be for the period of time that such Force Majeure Event prevents the use and/or operation all eligible Employees utilizing all of the Facility (excluding the Existing Improvements) and except for temporary interruptions reasonably and directly related to Alterations (provided that RIDA shall diligently prosecute construction of such Alterations to Completion in accordance with Section 6.10 hereof)contributions received under Clause above. Active and continuous use and operation shall (x) mean that the Improvements (other than the Existing Improvements) shall An Employee must be continuously open for business, and appropriately staffed with personnel, on such days and for such hours as is customary for similar business operations in San Diego County, California and (y) shall include training activities and pre-opening activities after the Completion of the Convention Center and before opening the Convention Center to the public in an effort to open the Convention Center to the public, provided that RIDA diligently prosecutes such training activities and pre-opening activities. Notwithstanding anything to the contrary herein, RIDA may decide in its sole discretion and in good faith actively at work in order to maximize be eligible for contributions to be made on his behalf, except as provided otherwise in this Article. Contributions will be pro rated for those Employees who are eligible and who are employed for a part month. shall be credited as employed days. All eligible Employees (except those who are part-time) will have contributions made for them on completion of ninety (90) days continuous employment with any one Employer. Employees absent due to disability, temporary layoff or leave of absence on the longdate they would normally become eligible shall be eligible for contributions from their date of return to active full-term best interest time employment. Contributions will commence immediately for any eligible Employee who returns to active full-time employment with a participating Employer within six (6) months of the Development that portions date of the Convention Center which are not then in use may be temporarily closed if (a) RIDA reasonably believes that such temporary closure will not cause the Revenues (as defined in the Indenture) pledged under the Indenture to be less than the amount needed to pay the Annual Debt Service (as defined in the Indenture) and (b) such temporary closure his leaving employment. If an Employee does not materially return to active full-time employment within the six (6) month period, he will be considered a new Employee and adversely affect the use and operation of, and access to, the remainder portion of the Convention Center (for example, for renovations; provided that such renovations are not otherwise prohibited by this Sublease and provided, further, that RIDA diligently prosecutes such renovations to completion). XXXX acknowledges and agrees that said active and continuous use and operation of the Improvements (other than the Existing Improvements) enhances the value of the lands within City’s jurisdiction; provides public service; and provides additional employment, taxes, and other benefits will be subject to the general economy completion of the areaninety (90) days continuous employment with any one participating Employer. The City acknowledges and agrees that RIDA Where an Employee retains recall rights under Clause he shall not be in violation subject to the waiting period on return-to-work. Employee shall be paid (including red days) during waiting periods for weekly indemnity payments up to a maximum of this Section 6.1(cseven (7) red days. Canadian Merchant Service Guild Collective Agreement October I, September Sea-Link Marine Services Page of An Employee on weekly indemnity shall be entitled to top-off his weekly indemnity income up to full basic wages with laydays. Such laydays shall include red days (unearned leave) as follows: Seven (7) days red day credit for any failure each year of service with the company up to operate any retail, food service and other service space so long as RIDA has made and continues to make commercially reasonable efforts to lease such space.a maximum of forty-five

Continuous Operation. From During the term of this Lease Tenant covenants to continuously conduct in the Premises the business specified in Article 8 with due diligence and after sixty efficiency so as to provide a maximum volume of Gross Sales, unless prevented from doing so by causes beyond Tenant’s reasonable control, such as strikes, lockouts, fire or other damage, civil commotion, or similar causes. Subject to inability by reason of strikes or labor disputes, Tenant shall keep and maintain at all time within and upon the Premises such a stock of merchandise as shall be reasonably designed to produce the maximum volume or gross sales and shall keep on the Premises at all times sufficient personnel to service the usual and ordinary requirements of its customers. Tenant shall conduct its business on the Premises with due diligence and without interruption during the regular and customary days and hours for such type of business in the city or trade area in which the Shopping Center is located. Tenant shall install and maintain at all times displays of merchandise in the display windows (60if any) days after on the Completion of Premises, and shall keep the Convention Center, RIDA display windows and signs (if any) on the Premises well lighted during the hours from sundown to 10:00 o’clock p.m. Tenant shall actively and continuously use and operate the Improvements (other than the Existing Improvements) (in accordance also comply with the Permitted Use, except rules and regulations established and modified from time to the extent a Force Majeure Event renders RIDA unable to do so (which inability, time by Landlord for the avoidance of doubt, shall be for the period of time that such Force Majeure Event prevents the use and/or operation of the Facility Premises, Common Area and Shopping Center. The current form of rules and regulations are attached hereto as Exhibit “B”, which form may be modified by Landlord in its discretion without notice to Tenant. As liquidated damages for the failure of Tenant to comply with the terms of this Section, and in addition to all other remedies Landlord may have hereunder, Landlord shall have the right at its option to collect not only the Minimum Monthly Rent, but additional rent equal to the greater of (excluding i) one-thirtieth (1/30th) of the Existing ImprovementsMinimum Monthly Rent, and (ii) 1/360th of the Percentage Rent due for the prior calendar year, for each and except for temporary interruptions reasonably and directly related every day that Tenant shall fail to Alterations (provided that RIDA shall diligently prosecute construction of such Alterations to Completion in accordance with Section 6.10 hereof)conduct its business as herein provided. Active and continuous use and operation shall (x) mean that the Improvements (other than the Existing Improvements) Said additional rent shall be continuously open in addition to any Percentage Rent as calculated and assessed , as liquidated damages for business, and appropriately staffed with personnel, on such days and for such hours as is customary for similar business operations in San Diego County, California and (y) shall include training activities and pre-opening activities after the Completion of the Convention Center and before opening the Convention Center to the public in an effort to open the Convention Center to the public, provided that RIDA diligently prosecutes such training activities and pre-opening activities. Notwithstanding anything to the contrary herein, RIDA may decide in its sole discretion and in good faith in order to maximize the long-term best interest of the Development that portions of the Convention Center which are not then in use may be temporarily closed if (a) RIDA reasonably believes that such temporary closure will not cause the Revenues (as defined in the Indenture) pledged under the Indenture to be less than the amount needed to pay the Annual Debt Service (as defined in the Indenture) and (b) such temporary closure does not materially and adversely affect the use and operation of, and access to, the remainder portion of the Convention Center (for example, for renovations; provided that such renovations are not otherwise prohibited by this Sublease and provided, further, that RIDA diligently prosecutes such renovations to completion). XXXX acknowledges and agrees that said active and continuous use and operation of the Improvements (other than the Existing Improvements) enhances the value of the lands within CityTenant’s jurisdiction; provides public service; and provides additional employment, taxes, and other benefits to the general economy of the area. The City acknowledges and agrees that RIDA shall not be in violation of this Section 6.1(c) for any failure to operate any retail, food service and other service space so long conduct its business as RIDA has made and continues to make commercially reasonable efforts to lease such spaceagreed.

Continuous Operation. From and after sixty Throughout the term of this Lease, Tenant shall continuously conduct in one hundred percent (60100%) days after the Completion of the Convention Centerspace within the Premises, RIDA shall actively with a full stock of merchandise and continuously use a full staff of personnel, the business permitted under this Lease (and operate the Improvements (no other than the Existing Improvements) (in accordance with the Permitted Use, except to the extent a Force Majeure Event renders RIDA unable to do so (which inability, for the avoidance of doubt, shall be for the period of time that such Force Majeure Event prevents the use and/or operation of the Facility (excluding the Existing Improvements) and except for temporary interruptions reasonably and directly related to Alterations (provided that RIDA shall diligently prosecute construction of such Alterations to Completion in accordance with Section 6.10 hereof). Active and continuous use and operation shall (x) mean that the Improvements (other than the Existing Improvements) shall be continuously open for business, and appropriately staffed with personnel, including specifically any business or use prohibited by the terms of this Lease) on such all business days and for during such hours as are designated by Landlord from time to time. Tenant acknowledges that its obligation to continuously and actively conduct business in the Premises in the manner prescribed in this Section is customary for similar the purpose of enhancing the business operations in San Diego County, California activity and (y) shall include training activities and pre-opening activities after the Completion public patronage of the Convention Shopping Center and before opening the Convention Center to the public in an effort to open the Convention Center to the public, provided that RIDA diligently prosecutes such training activities and pre-opening activities. Notwithstanding anything to the contrary herein, RIDA may decide in its sole discretion and in good faith in order to maximize enhance the long-term best interest leasability of the Development that portions of the Convention Center which are not then in use may be temporarily closed if (a) RIDA reasonably believes that such temporary closure will not cause the Revenues (as defined floor space in the Indenture) pledged under the Indenture to be less than the amount needed to pay the Annual Debt Service (as defined in the Indenture) and (b) such temporary closure does not materially and adversely affect the use and operation ofShopping Center, and access toTenant acknowledges that failure on its part to comply with the provisions of this Section shall constitute a default under this Lease and will cause Landlord substantial damages which might be difficult or unsusceptible of exact proof. Accordingly, the remainder portion parties have agreed that in addition to all remedies available to Landlord, if Tenant fails to comply with the provisions of the Convention Center (for examplethis Article VIII, for renovations; provided that such renovations are not otherwise prohibited by this Sublease and provided, further, that RIDA diligently prosecutes such renovations to completion). XXXX acknowledges and agrees that said active and continuous use and operation of the Improvements (other than the Existing Improvements) enhances the value of the lands within City’s jurisdiction; provides public service; and provides additional employment, taxes, and other benefits to the general economy of the area. The City acknowledges and agrees that RIDA Landlord shall not be in violation required to prove its actual damages for breach of this Section 6.1(c) or Article, but in lieu thereof Tenant shall pay Landlord as liquidated damages, and not as a penalty, as additional monthly rent, an amount equal to the monthly installments of Minimum Rent payable under this Lease, which liquidated damage payments shall continue from the date of breach until such breach is cured or until the end of the Lease term, whichever is first. Said liquidated damages shall be payable monthly, concurrently with the monthly installments of Minimum Rent. Nothing in this Article VIII shall be construed as a limitation upon Xxxxxx's obligation to continuously conduct business in the manner herein specified or upon Landlord's remedies under any other provisions of this Lease, or upon Xxxxxxxx's right to recover any other provable monetary damages. A breach by Tenant of its obligations under Section 8.01 shall also constitute a breach of this Section 8.02 and shall entitle Landlord not only to all rights and remedies available, but also to liquidated damages under this Section 8.02 for any failure to operate any retail, food service and other service space so long as RIDA has made and continues to make commercially reasonable efforts to lease such spacebreach continues.