No Continuous Operation Clause Samples
The "No Continuous Operation" clause establishes that the parties are not obligated to maintain uninterrupted or ongoing operations under the agreement. In practice, this means that either party may temporarily suspend or halt their activities without breaching the contract, such as pausing services for maintenance or due to unforeseen circumstances. The core function of this clause is to clarify expectations regarding operational continuity and to protect parties from liability if operations are not maintained without interruption.
POPULAR SAMPLE Copied 31 times
No Continuous Operation. Systematic and continuous occupancy or operation in all or any portion of the Premises before or after Building Hours is not permitted. This includes, but is not limited to, any ongoing twenty-four (24) hour, seven (7) day a week operation or use of the Premises. However, the foregoing portion of this Paragraph 7.4 shall not:
(a) prohibit or limit the continuous operation of data servers or other similar equipment in the Premises; or
(b) prevent late or early hour or all night work that would be typical in the offices of a company similar to Vivint Solar, Inc., including, without limitation, a limited number of employees working all day and all night for a limited number of days when necessary to complete a particular project, and Tenant may have a limited number of technical and customer service employees regularly working after Building Hours in the Premises. To the extent set forth in the immediately preceding sentence, Landlord acknowledges that Tenant’s employees may, from time to time, work in the Premises before and after Building Hours; however, in all events Tenant shall pay to Landlord the cost of any increased security, maintenance, repair (including repair as a result of any after-hours damage), janitorial and similar items resulting from such work within ten (10) business days after receipt by Tenant of an invoice therefor.
No Continuous Operation. Anything in this Lease, express or implied, to the contrary notwithstanding, Landlord agrees that Tenant shall be under no duty or obligation, either express or implied, to continuously conduct its business in the Premises at any time during the Term.
No Continuous Operation. Notwithstanding anything in this Lease to the contrary, nothing herein shall be construed as an obligation for Tenant to open or operate its business in the Premises. Tenant shall have the right to remove Tenant's personal property and cease operations in the Premises at any time and at Tenant's sole discretion. However, the right to cease to operate its business shall not affect Tenant's obligation to pay all amounts due hereunder and to perform all covenants and obligations hereunder. Tenant agrees, at such time it is operating its business in the Premises, to conduct its business in a first-class manner, consistent with reputable business standards and practices.
No Continuous Operation. Notwithstanding anything contained in this Lease, expressly or impliedly, to the contrary, and notwithstanding the agreement herein contained for the payment by Tenant of rent, it is specifically and expressly understood and agreed that Tenant shall be under no duty or obligation, either express or implied, to open, or thereafter to continuously conduct, its business in the Premises at any time during the Term. Further, Tenant's failure to open for business in the Premises shall not otherwise entitle Landlord to commence or to maintain any action, suit, or proceeding, whether in law or in equity, relating in any way to Tenant's failure to open or thereafter to continuously conduct its business in the Premises. Without limiting the generality of the foregoing, Tenant shall have the right to close two partial days per year to take inventory and shall, at Tenant's option, be closed Thanksgiving Day, Christmas Day, New Years Day, and Easter.
No Continuous Operation. Notwithstanding any provision of this Lease to the contrary, Tenant shall (a) not be required to occupy or to continuously operate the Premises, and Tenant shall have the right to cease operations (whether or not Tenant vacates the Premises) without same constituting a default by Tenant under this Lease provided Tenant continues to pay Rent and perform its other obligations under this Lease, and (b) have the right to remain open for business only on the days and during the hours Tenant determines is commercially practical.
No Continuous Operation. Except as expressly provided this Lease, systematic and continuous occupancy or operation, such as regularly scheduled shifts, in all or any portion of the Premises before or after Building Hours is not permitted. This includes, but is not limited to, any systematic and continuous twenty-four (24) hour, seven (7) day a week operation or use of the Premises. However, the foregoing portion of this Paragraph 7.4 shall not:
(a) prohibit or limit the continuous operation of data servers or other similar equipment in the Premises; or
(b) (i) prevent late or early hour or all-night work that would be typical in the offices of a company similar to Health Catalyst, Inc., including, without limitation, a limited number of employees working all day and all night for a limited number of days when necessary to complete a particular project, and Tenant may have a limited number of technical and customer service employees regularly working after Building Hours in the Premises, or (ii) limit Tenant’s rights with respect to the operation of a call center, as those rights are described in “Tenant’s Permitted Use” in Paragraph 1. To the extent set forth in the preceding sentence, Landlord acknowledges that Tenant’s employees may, from time to time, work in the Premises before and after Building Hours; however, in all events Tenant shall pay to Landlord the cost of any increased security, maintenance, repair (including repair as a result of any after-hours damage), janitorial and similar items resulting from such work within thirty (30) days after receipt by Tenant of an invoice therefor, subject in all respects to Paragraph 2.3(b).
No Continuous Operation. The first sentence of Paragraph 7.1 of the Lease is deleted and the following is substituted therefor: Tenant may use the Premises only for multimedia and/or business services, and all other legal uses , and Tenant may not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Notwithstanding anything to the contrary in the Lease, Tenant may vacate all or any portion of the Premises, and shall not be deemed in default under the Lease as a result of such vacation, so long as Tenant is not in default in its Rent or any of its other obligations under the Lease.
No Continuous Operation. Tenant shall not be obligated to be open for business; provided, however, that the failure to open for business and/or the cessation of operation of Tenant’s business shall not affect Tenant's obligation to pay all amounts due hereunder and to perform all covenants and 22 Landlord /s/ RS____ CA Lease Revision 8.0 – Torrey Hills Corporate Center Tenant /s/ KA____ Skye Bioscience Lease obligations hereunder, which obligations shall continue unless and until the effective expiration or earlier termination date of this Lease.
No Continuous Operation. Notwithstanding anything to the contrary in this Lease, so long as Tenant has paid and continues to pay on a timely basis all monetary sums required under this Lease and to observe all other obligations of Tenant under this Lease, Tenant shall not be in default if Tenant fails to construct or vacates the Leased Premises, and Tenant shall have no obligation to open for business or to continuously operate the Leased Premises.
No Continuous Operation. Notwithstanding anything contained in this Lease, expressly or impliedly, to the contrary, and notwithstanding the agreement herein contained for the payment by Tenant of rent, it is specifically and expressly understood and agreed that once Tenant has continuously conducted its business (such period shall include periods of non-operation if such non-operation is due to the occurrence of Force Majeure or events, holidays and other periods of time not within Tenant's schedule of normal business operations) in the Premises from the Commencement Date for a period of at least one (1) day, Tenant shall thereafter be under no duty or obligation, express or implied, to open, or thereafter to continuously conduct, its business in the Premises at any time during the Term. Without limiting the generality of the foregoing, Tenant shall have the right to close two partial days per year to take inventory and shall, at Tenant's option, be closed Thanksgiving Day, Christmas Day, New Years Day, and Easter. The terms of this provision shall be governed by the terms of Section 23.20 and 3.03(C) of the Ground Lease.