Common use of Duties and Prohibited Conduct Clause in Contracts

Duties and Prohibited Conduct. Tenant shall at all times comply with all Legal Requirements. At Tenant's sole expense, Tenant shall procure, maintain, and make available for Landlord's inspection any governmental license or permit required for the proper and lawful conduct of Tenant's business. Tenant shall not use the Premises, or permit or fail to prevent the Premises to be used, (a) for any purpose or in any manner that violates any Legal Requirement and/or the requirements of the insurance underwriter(s) for the Shopping Center, (b) for the sale or display of pornography, nudity, graphic violence, drug paraphernalia, or any goods and/or services that, in the sole and absolute discretion of Landlord, are inconsistent with the image of a community or family-oriented shopping center, (c) as a massage parlor, adult bookstore or second-hand store, (d) to conduct an auction, distress, fire, bankruptcy or going-out-of business sale or similar sales, (e) to sell merchandise from vending machines (except vending machines installed and made available solely for use by Tenant's employees), (f) to operate any video, pinball or other gaming machines, although Tenant shall be allowed to display and demonstrate to customers and/or allow customers to operate items which Tenant has for sale, or conduct any Gaming Activities unless expressly permitted by this Lease, or (g) to keep live animals of any kind unless otherwise permitted by this Lease. Tenant shall not place, affix or maintain any signs, advertising placards, names, insignia, trademarks, descriptive material or any other similar item or items outside, on or within twenty-four inches (24") of the Lease Line, the storefront, the glass panes and supports of the show windows, or any window, door, roof or the exterior side of any Perimeter Demising Partition of the Premises, except such signs as Landlord shall approve in writing in accordance with Exhibit C. Tenant shall use the sales Floor Area within six feet (6') of the storefront Lease Line, if at all, for the promotional display of merchandise only; stacking or stocking merchandise within said area or in the window area is expressly prohibited. Tenant shall not cause or permit any waste to occur in the Premises and shall not overload the floor, or any mechanical, electrical, plumbing or Utility systems serving the Premises. Tenant shall keep the Premises, and every part thereof, in a clean and wholesome condition, free from any objectionable noises, loud music, odors or nuisances. If the Permitted Use includes the sale of and/or preparation of food, Tenant shall at all times maintain a health department rating of "A" (or such other highest health department or similar rating as is available).

Appears in 1 contract

Samples: Attornment Agreement (Play Co Toys & Entertainment Corp)

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Duties and Prohibited Conduct. Tenant shall at all times comply with all Legal Requirements. Further, in the event the Permitted Use includes the sale of alcoholic beverages, such use shall be expressly subject to SECTION 9.6 and Tenant's compliance with the Tenant Conditions set forth on EXHIBIT H. At Tenant's sole expense, Tenant shall procure, maintain, and make available for Landlord's inspection any governmental license or permit required for the proper and lawful conduct of Tenant's business. Tenant shall not use the Premises, or permit or fail to prevent the Premises to be used, (a) for any purpose or in any manner that violates any Legal Requirement and/or the requirements of the insurance underwriter(s) for the Shopping CenterH&H Project, (b) for the sale or display of pornographycounterfeit goods, pornography or adult paraphernalia, nudity, graphic violence, drug paraphernaliaparaphernalia (e.g., a "head shop"), or any goods and/or services that, in the sole and absolute discretion of Landlord, are inconsistent with the image of a community or family-oriented shopping center, (c) as a massage or tattoo parlor, adult bookstore or second-hand storepornographic bookstore, video store or rental establishment, (d) to conduct an auction, distress, fire, bankruptcy or going-out-of business sale or similar sales, (e) to sell merchandise from vending machines (except vending machines installed and made available solely for use by Tenant's employees), (f) as an electronic games arcade or attraction, or to operate any video, pinball or other gaming machines, although Tenant shall be allowed machines (except to display and demonstrate to customers and/or allow customers to operate items which Tenant has for sale, or conduct any Gaming Activities unless the extent expressly permitted by this Leaseunder the Permitted Use), or (g) to keep live animals of any kind unless otherwise permitted by this Lease, (h) as an "adult" bar or club permitting nude, semi-nude, or sexually explicit performances, (i) a purveyor of alcoholic beverages for off-site consumption, (j) as a thrift store, flea market, or second hand store, (k) as a discount electronics, furniture, or other similar discount establishment, (l) for the sale of tee-shirts or novelty merchandise (except as expressly provided for in the Permitted Use), (m) for the sale of popcorn or candy, (n) for television retailing, or (m) for the sale, display, use, or storage of firearms or other weapons. Tenant shall not place, affix or maintain any signs, advertising placards, names, insignia, trademarks, descriptive material or any other similar item or items outside, on or within twenty-four inches (24") of the Lease Line, the storefront, the glass panes and supports of the show windows, or any window, door, roof or the exterior side of any Perimeter Demising Partition of the Premises, except such signs as Landlord shall approve in writing in accordance with Exhibit C. Tenant shall use not place any third (3rd) party advertising on the sales Floor Area within six feet (6') exterior of the storefront Lease LinePremises (including windows) or anywhere within the Premises so as to be visible from the exterior, if at all, for other than the promotional display of merchandise only; stacking or stocking merchandise within said area or advertising promoting Tenant's business in the window area is expressly prohibitedPremises in accordance with this Lease and subject to Landlord's approval of any such advertising. Tenant shall not cause or permit any waste to occur in the Premises and shall not overload the floor, or any mechanical, electrical, plumbing or Utility systems serving the Premises. Tenant shall keep the Premises, and every part thereof, in a clean and wholesome condition, free from any objectionable noises, loud music, odors or nuisances. If the Permitted Use includes the sale of and/or preparation of food, Tenant shall at all times maintain a health department rating of "A" (or such other highest health department or similar rating as is available). Tenant shall clearly post its policy for handling returns and exchanges of merchandise on all receipts and within the Premises using professionally prepared signage.

Appears in 1 contract

Samples: Lease Agreement (uWink, Inc.)

Duties and Prohibited Conduct. Tenant shall at all times comply with all Legal Requirements. At Tenant's sole expense, Tenant shall procure, maintain, and make available for Landlord's inspection any governmental license or permit required for the proper and lawful conduct of Tenant's business. Tenant shall not use the Demised Premises, or permit or fail to prevent the Demised Premises to be used, used (ai) for any purpose or in any manner that violates any Legal Requirement legal requirement and/or the requirements of the insurance underwriter(s) for of the Shopping Center, ; (bii) for the sale sale, rental or display of pornography, nudity, graphic violence, drug paraphernaliaparaphenalia, or any goods and/or services that, in the sole and absolute discretion of Landlord, are inconsistent with the image of a community or family-oriented shopping center, ; (ciii) as a massage parlor, adult bookstore or second-hand store, ; (div) to conduct an auction, distress, fire, bankruptcy or going-out-of of-business sale or similar sales, ; (e) to sell merchandise from vending machines (except vending machines installed and made available solely for use by Tenant's employees), (fv) to operate any video, pinball or other gaming machines, although Tenant shall machines except for one skill crane toy machine which may be allowed to display and demonstrate to customers and/or allow customers to operate items which Tenant has for sale, or conduct any Gaming Activities unless expressly permitted by this Lease, installed in the demised premises; or (gvi) to keep live animals of any kind unless otherwise permitted by this the Lease. Tenant shall not place, affix or maintain any signs, advertising placards, names, insignia, trademarks, descriptive material or any other similar item or items outside, on or within twenty-four inches (24") of the Lease Line, the storefront, the glass panes and supports of the show windows, or any window, door, roof or the exterior side of any Perimeter Demising Partition of the Premises, except such signs as Landlord shall approve in writing in accordance with Exhibit C. Tenant shall use the sales Floor Area within six feet (6') of the storefront Lease Line, if at all, for the promotional display of merchandise only; stacking or stocking merchandise within said area or in the window area is expressly prohibited. Tenant shall not cause or permit any waste to occur in the Premises and shall not overload the floor, or any mechanical, electrical, plumbing or Utility systems serving the Premises. Tenant shall keep the Demised Premises, and every part thereof, in a clean and wholesome condition, free from any objectionable noises, loud music, odors or nuisances. If the Permitted Use includes the sale of and/or preparation of food, Tenant shall at all times maintain a health department rating of "A" (or such other highest health department or similar rating as is available). Tenant shall not violate any existing "exclusive" or "restrictive" Lease covenants of any tenant(s) in the Shopping Center. Landlord covenants with Tenant that Tenant's Permitted Use does not violate any existing "exclusive" or "restrictive" lease covenants of any tenant(s) in the Shopping Center.

Appears in 1 contract

Samples: Lease Agreement (Family Steak Houses of Florida Inc)

Duties and Prohibited Conduct. Tenant shall at all times comply with all Legal Requirements. At Tenant's sole expense, Tenant shall procure, maintain, and make available for Landlord's inspection any governmental license or permit required for the proper and lawful conduct of Tenant's business. Tenant shall not use the Premises, or permit or fail to prevent the Premises to be used, (a) for any purpose or in any manner that violates any Legal Requirement and/or the requirements of the insurance underwriter(s) for the Shopping Center, (b) for the sale or display of pornography, nudity, graphic violence, drug paraphernalia, or any goods and/or services that, in the sole and absolute discretion of Landlord, are inconsistent with the image of a community or family-oriented shopping center, (c) as a massage parlor, adult bookstore or second-hand store, (d) to conduct an auction, distress, fire, bankruptcy or going-out-of business sale or similar sales, (e) to sell merchandise from vending machines (except vending machines installed and made available solely for use by Tenant's employees), (f) to operate any video, pinball pinball, Gaming Devices, or other gaming machines, or conduct any Gaming Activities (although Tenant shall be allowed to display and demonstrate to customers and/or allow customers to operate items which Tenant has for sale, or conduct any Gaming Activities unless expressly permitted by this Lease), or (g) to keep live animals of any kind unless otherwise permitted by this Lease. Tenant shall not place, affix or maintain any signs, advertising placards, names, insignia, trademarks, descriptive material or any other similar item or items outside, on or within twenty-four inches (24") of the Lease Line, the storefront, the glass panes and supports of the show windows, or any window, door, roof or the exterior side of any Perimeter Demising Partition of the Premises, except such signs as Landlord shall approve in writing in accordance with Exhibit C. Tenant shall use the sales Floor Area within six feet (6') of the storefront Lease Line, if at all, for the promotional display of merchandise only; stacking or stocking merchandise within said area or in the window area is expressly prohibited. Tenant shall not cause or permit any waste to occur in the Premises and shall not overload the floor, or any mechanical, electrical, plumbing or Utility systems serving the Premises. Tenant shall keep the Premises, and every part thereof, in a clean and wholesome condition, free from any objectionable noises, loud music, odors or nuisances. If the Permitted Use includes the sale of and/or preparation of food, Tenant shall at all times maintain a health department rating of "A" (or such other highest health department or similar rating as is available).

Appears in 1 contract

Samples: Center Lease (Play Co Toys & Entertainment Corp)

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Duties and Prohibited Conduct. Tenant shall at all times comply with all Legal Requirements. At Tenant's sole expense, Tenant shall procure, maintain, and make available for Landlord's inspection any governmental license or permit required for the proper and lawful conduct of Tenant's business. Tenant shall not use the Premises, or permit or fail to prevent the Premises to be used, (a) for any purpose or in any manner that violates any Legal Requirement and/or the requirements of the insurance underwriter(s) for the Shopping Center, (b) for the sale or display of pornography, nudity, graphic violence, drug paraphernalia, or any goods and/or services that, in the sole and absolute discretion of Landlord, are inconsistent with the image of a community or family-oriented shopping center, (c) as a massage parlor, adult bookstore or second-hand store, (d) to conduct an auction, distress, fire, bankruptcy or going-out-of business sale or similar sales, (e) to sell merchandise from vending machines (except vending machines installed and made available solely for use by Tenant's employees), (f) to operate any video, pinball or other gaming machines, although Tenant shall be allowed to display and demonstrate to customers and/or allow customers to operate items which Tenant has for sale, or conduct any Gaming Activities unless expressly permitted by this Lease, or (g) to keep live animals of any kind unless otherwise permitted by this Lease. Tenant shall not place, affix or maintain any signs, advertising placards, names, insignia, trademarks, descriptive material or any other similar item or items outside, on or within twenty-four inches (24") of the Lease Line, the storefront, the glass panes and supports of the show windows, or any window, door, roof or the exterior side of any Perimeter Demising Partition of the Premises, except such signs as Landlord shall approve in writing in accordance with Exhibit C. Tenant shall use the sales Floor Area within six feet (6') of the storefront Lease Line, if at all, for the promotional display of merchandise only; stacking or stocking merchandise within said area or in the window area is expressly prohibited. Tenant shall not cause or permit any waste to occur in the Premises and shall not overload the floor, or any mechanical, electrical, plumbing or Utility systems serving the Premises. Tenant shall keep the Premises, and every part thereof, in a clean and wholesome condition, free from any objectionable noises, loud music, odors or nuisances. If the Permitted Use includes the sale of and/or preparation of food, Tenant shall at all times maintain a health department rating of "A" (or such other highest health department or similar rating as is available).

Appears in 1 contract

Samples: Play Co Toys & Entertainment Corp

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