Common use of Operating Covenant Clause in Contracts

Operating Covenant. Tenant covenants and agrees that after opening in the demised premises, it will continuously operate and conduct therein the business which it is permitted so to operate under the provisions hereof and cause Tenant's business to be conducted therein during the usual business hours of each and every business day as is customary for businesses of like character in the city in which the Premises are located, except while the demised premises are untenantable by reason of fire or other casualty, and that it will at all times (a) keep and maintain within and upon the demised premises an adequate stock of merchandise and trade fixtures, and (b) adequately staff the demised premises with sufficient employees, as shall be required to supply and service the usual and ordinary demands and requirements of its customers. If Tenant fails to comply with the requirements of this Section, then in addition to any and all other rights and remedies of Landlord hereunder or at law or equity, Tenant shall pay to Landlord one-thirtieth (1/30) of the Minimum Rent for each day or portion thereof that Tenant fails to so comply. Such sum shall be in addition to, and not a part of, Minimum Rent and Additional Rent otherwise due under this Lease. (a) Tenant acknowledges that Landlord may grant, or may have previously granted, exclusive rights to other tenants at the Retail Office Center and a material consideration to Landlord in entering into this Lease is ▇▇▇▇▇▇'s covenant to limit its use of the Premises to the permitted use of the Premises under ▇▇▇▇▇▇'s trade name as set forth above. The violation by Tenant of the exclusive rights granted to other tenant(s) of the Retail Office Center will result in Landlord suffering irreparable harm and, therefore, in addition to the other rights and remedies available to Landlord under this Lease, Landlord may seek to enjoin Tenant's breach of this Section 5.2 (a) and Tenant shall be liable for any damages incurred or sustained by Landlord to such other tenant(s) whose exclusive use right was breached by Tenant. In no event shall Landlord be liable to Tenant for any failure of other tenants in the Retail Office Center to operate their business, or for any loss or damage that may be occasioned by or through the acts or omissions of other tenants or third parties. (b) Landlord reserves the absolute right to effect such other tenancies in the Retail Office Center as Landlord shall determine, in the exercise of its sole business judgment, is best to promote the interests of the Retail Office Center. Whether any tenants are shown or described on Exhibit "A" attached hereto, Tenant does not rely on the fact, nor does Landlord represent, that any specific tenant or number or type of tenants shall or shall not during the Term of this Lease occupy any space in the Retail Office Center, nor does Tenant rely on any other tenant or tenants operating its or their business and affairs at the Retail Office Center at any particular time or times. Moreover, no conduct by any tenant, subtenant, licensee, concessionaire, or other occupant of, customer of, supplier to or use of any portion of the Retail Office Center shall constitute an eviction, constructive or otherwise, of Tenant from the Premises, and Tenant hereby waives any and all claims that, but for this sentence, it might have against Landlord by reason of such conduct by one or more of such persons and entities.

Operating Covenant. Tenant Participant covenants and agrees that after opening in Participant may only use the demised premisesProperty for automobile, it will continuously operate and conduct therein the business which it is permitted so to operate under the provisions hereof and cause Tenant's business to be conducted therein during the usual business hours of each and every business day as is customary for businesses of like character in the city in which the Premises are locatedtruck, except while the demised premises are untenantable by reason of fire or other casualty, and that it will at all times (a) keep and maintain within and upon the demised premises an adequate stock dealership purposes as part of merchandise and trade fixtures, and (b) adequately staff the demised premises with sufficient employeesa regional Auto Center, as well as for an automobile body repair business; provided that with Agency’s approval, which shall not be required to supply unreasonably withheld, Participant may change the use of the Property. Participant shall conduct a franchised Buick and service GMC dealership or another General Motors-affiliated dealership and an automobile collision repair center on the usual and ordinary demands and requirements of its customers. If Tenant fails to comply Property consistent with the requirements zoning. Additionally, on an interim basis, Participant may operate the 2800 Parcel in conjunction with its Boulevard Buick GMC operations, including conducting used car sales or exotic car sales on said parcel. Notwithstanding the foregoing, within five (5) years of this Sectionthe Effective Date of the Agreement, then Participant agrees to locate a new automobile dealership for operation on the 2800 Parcel. In considering whether to grant approval, Agency may consider those factors listed in addition to any and all other rights and remedies of Landlord hereunder or at law or equity, Tenant shall pay to Landlord one-thirtieth (1/30Section 6(b) of the Minimum Rent for each day or portion thereof Deed, and Participant’s sole remedy in the event that Tenant fails to so comply. Such sum Participant disagrees with Agency’s determination, shall be in addition toto have the proposed use declared valid as if Agency’s approval had been given, and not a part of, Minimum Rent and Additional Rent otherwise due under this Lease. (a) Tenant acknowledges that Landlord may grant, or may have previously granted, exclusive rights to other tenants at the Retail Office Center and a material consideration to Landlord in entering into this Lease is ▇▇▇▇▇▇'s covenant to limit its use of the Premises to the permitted use of the Premises under ▇▇▇▇▇▇'s trade name as set forth above. The violation by Tenant of the exclusive rights granted to other tenant(s) of the Retail Office Center will result in Landlord suffering irreparable harm and, therefore, in addition to the other rights and remedies available to Landlord under this Lease, Landlord may seek to enjoin Tenant's breach of this Section 5.2 (a) and Tenant shall be liable for any damages incurred or sustained by Landlord to such other tenant(s) whose exclusive use right was breached by Tenant. In no event shall Landlord be liable to Tenant for any failure of other tenants in the Retail Office Center to operate their business, or for any loss or damage that may be occasioned by or through the acts or omissions of other tenants or third parties. (b) Landlord reserves the absolute right to effect such other tenancies in the Retail Office Center as Landlord shall determine, in the exercise of its sole business judgment, is best to promote the interests of the Retail Office Center. Whether any tenants are shown or described on Exhibit "A" attached hereto, Tenant does not rely on the fact, nor does Landlord represent, that any specific tenant or number or type of tenants shall or Agency shall not during the Term of this Lease occupy have any space in the Retail Office Centerliability for monetary damages, nor does Tenant rely on any other tenant or tenants operating its or their business and affairs at the Retail Office Center at any particular time or times. Moreover, no conduct by any tenant, subtenant, licensee, concessionaire, or other occupant of, customer of, supplier to or use of any portion of the Retail Office Center shall constitute an eviction, constructive or otherwise, except as provided herein. Participant shall have no right to subdivide, separate, or partition the Property. Participant further covenants to locate all fleet sales and leases of Tenant the franchised dealers on the Property, if any. In general, Participant shall operate the business conducted by it on the Property in a prudent manner, exercising customary business practices and hours of operations. Operations of eight (8) hours per day, six (6) days per week, shall be deemed to satisfy said requirement. Notwithstanding Section 2 of this Agreement, the covenants contained in this Section 4.2 shall run for ten (10) years from full completion of the PremisesProject, signified by the Agency’s issuance and Tenant hereby waives any and all claims thatrecordation of the Dealership Certificate of Completion, but for said ten (10) year period until expiration, unless tolled by operation of law, order of a court of competent jurisdiction, or as may be otherwise provided in the Agreement. The provisions of this sentence, it might have against Landlord by reason of such conduct by one or more of such persons and entitiessection shall be deemed the “Operating Covenant.”

Operating Covenant. Tenant covenants shall promptly install its leasehold improvements and agrees that after opening in will be open for business on or before the demised premises, it will continuously operate and conduct therein the business which it is permitted so to operate under the provisions hereof and cause Tenant's business to be conducted therein during the usual business hours of each and every business day as is customary for businesses of like character in the city in which the Premises are located, except while the demised premises are untenantable by reason of fire or other casualtyCommencement Date, and that it will at all times (a) keep and maintain within and upon Tenant shall not thereafter abandon or leave vacant the demised premises an adequate stock of merchandise and trade fixturesDemised Premises, and (b) adequately staff shall not permit the demised premises with sufficient employees, as shall be required to supply and service the usual and ordinary demands and requirements of its customers. If Tenant fails to comply with the requirements of this Section, then in addition to any and all other rights and remedies of Landlord hereunder license or at law or equity, Tenant shall pay to Landlord one-thirtieth (1/30) occupancy of the Minimum Rent for each day or portion thereof that Tenant fails to so comply. Such sum shall be in addition toDemised Premises by any party other than Tenant, its agents, employees and invites, and not a part of, Minimum Rent and Additional Rent otherwise due under this Lease.shall: (a) Tenant acknowledges that Landlord may grantConduct no auction, fire, going-out-of-business or may have previously granted, exclusive rights to other tenants at the Retail Office Center and a material consideration to Landlord in entering into this Lease is ▇▇▇▇▇▇'s covenant to limit its use of the Premises to the permitted use of the Premises under ▇▇▇▇▇▇'s trade name as set forth above. The violation by Tenant of the exclusive rights granted to other tenant(s) of the Retail Office Center will result in Landlord suffering irreparable harm and, therefore, in addition to the other rights and remedies available to Landlord under this Lease, Landlord may seek to enjoin Tenant's breach of this Section 5.2 (a) and Tenant shall be liable for any damages incurred bankruptcy sales or sustained by Landlord to such other tenant(s) whose exclusive use right was breached by Tenant. In no event shall Landlord be liable to Tenant for any failure of other tenants in the Retail Office Center to operate their business, or for any loss or damage that may be occasioned by or through the acts or omissions of other tenants or third partiessimilar practice. (b) Landlord reserves Display no merchandise outside the absolute right Demised Premises nor in any way obstruct the adjacent sidewalks; and, store all trash and refuse in appropriate containers within the Demised Premises and attend to effect such other tenancies the daily disposal thereof in the Retail Office manner designated by Landlord. Tenant shall not burn any trash or rubbish in or about the Demised Premises or anywhere else within the confines of the Shopping Center. (c) Load or unload all merchandise, supplies, fixtures, equipment and furniture and cause the collection of rubbish only through the rear service door or doors (unless no such door is provided) of the Demised Premises, from 9:00 a.m. until 10:00 p.m. Normal delivery service to customers may be made through the front entrance. (d) Keep the Demised Premises in a careful, safe, clean and proper manner; and not permit any rubbish or refuse of any nature emanating from the Demised Premises to accumulate in the sidewalk areas or rear delivery area(s). (e) Not solicit business in the Common Areas or distribute any handbills or other advertising matter in the Common Areas. (f) Prevent the Demised Premises from being used in any way which will injure the reputation of the same or the Shopping Center as upon which the Demised Premises constitute a part or from being used in any way which may be a nuisance, annoyance, inconvenience or damaging or inimical to the other tenants or occupants of the Shopping Center, including, without limiting the generality of the foregoing, the operation of any instrument or apparatus or equipment or the carrying on of any trade or occupation which emits an odor discernible outside of the Demised Premises or which may be deemed offensive in nature or noise by the playing of any musical instrument or radio or television or the use of a microphone, loud speaker, electrical equipment or other equipment which may be heard outside of the Demised Premises. (g) Abide by all reasonable rules and regulations established by Landlord, from time to time, with respect to the Common Areas, facilities, improvements and sidewalks. (h) Keep the Demised Premises continuously and uninterruptedly open for business and adequately staffed during all usual business hours, but not less than the hours of o’clock a.m. until o’clock p.m. Monday through Saturday and from o’clock a.m. until o’clock p.m. on Sunday, and use the Demised Premises for the purposes set forth above. (i) Carry in the Demised Premises a full and complete stock of seasonable merchandise offered for sale at competitive prices and maintain adequate equipment and personnel for the efficient service of its customers, and in general, employ its best judgment, efforts and abilities to operate the business conducted in the Demised Premises in a manner calculated to produce the maximum volume of sales obtainable. (j) Promptly comply with all laws, ordinances, orders, rules, regulations and requirements of federal, state, county and city governments regulating the use and occupancy of the Demised Premises. (k) Install no signs in or upon the Demised Premises or on the Shopping Center property without the prior written consent of Landlord. Any signs allowed by Landlord shall determinecomply with the “sign criteria” as shown on the attached Exhibit D. (l) Not use, occupy, suffer or permit the Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority or the requirements of any (m) All articles, merchandise, displays, decorations or the like and the arrangement, style, color, and general appearance thereof, in the exercise of its sole business judgment, is best to promote the interests interior of the Retail Office Center. Whether any tenants are shown or described on Exhibit "A" attached heretoDemised Premises which shall be visible from the exterior thereof, Tenant does including, without limitation, window displays, advertising matter, signs, merchandise, and store fixtures, shall be maintained in such a manner as not rely on to detract from the fact, nor does Landlord represent, that any specific tenant or number or type of tenants shall or shall not during the Term of this Lease occupy any space in the Retail Office Center, nor does Tenant rely on any other tenant or tenants operating its or their business character and affairs at the Retail Office Center at any particular time or times. Moreover, no conduct by any tenant, subtenant, licensee, concessionaire, or other occupant of, customer of, supplier to or use of any portion standards of the Retail Office Center shall constitute an eviction, constructive or otherwise, of Tenant from the Premises, and Tenant hereby waives any and all claims that, but for this sentence, it might have against Landlord by reason of such conduct by one or more of such persons and entitiesShopping Center.