Common use of Operating Covenant Clause in Contracts

Operating Covenant. Tenant shall promptly install its leasehold improvements and will be open for business on or before the Commencement Date, and Tenant shall not thereafter abandon or leave vacant the Demised Premises, and shall not permit the license or occupancy of the Demised Premises by any party other than Tenant, its agents, employees and invites, and shall: (a) Conduct no auction, fire, going-out-of-business or bankruptcy sales or similar practice. (b) Display no merchandise outside the 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 the daily disposal thereof in the 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 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 comply 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 interior of the Demised Premises which shall be visible from the exterior thereof, including, without limitation, window displays, advertising matter, signs, merchandise, and store fixtures, shall be maintained in such a manner as not to detract from the character and standards of the Shopping Center.

Operating Covenant. During the Term of this Lease, Tenant shall promptly install continue the operations on the Property described in Exhibit “H” (collectively, the “Required Operations”) at its leasehold improvements sole cost and will be open expense and at least at their current levels of operation as required in Exhibit ”H”, unless otherwise mutually agreed to by Landlord and Tenant and subject to compliance with all Applicable Laws. Landlord shall have the right to review all Required Operations at such intervals as it deems appropriate for business on or before the Commencement Datesole purpose of ensuring that they are being funded and operated by Tenant as required by this Lease, and shall have the right to give direction to Tenant to correct any deficiencies in such Required Operations as required by the Lease with reasonable notice to allow correction by Tenant of any such deficiencies. [STILL UNDER NEGOTIATION -- As to the Community Uses identified in Exhibit “H”, Attachment 2, the parties agree that these uses include both contracted and non-contracted uses, and that the schools, community groups and non-profit organizations which are currently engaged in Community Uses on the Premises will likely change over time, but it is expressly intended by the parties that Community Uses continue on the Premises at substantially the same level, or greater, as they currently occur, subject to reasonable scheduling and insurance requirements. Tenant and Landlord shall jointly develop a non-profit events policy to ensure that all eligible Community, Educational and Non-Profit groups are provided fair access to use of the Premises consistent with Tenant’s operations. In addition, during the annual review of the Tenant’s Business Plans, the parties agree to review the number and types of Community Uses on the Premises to ensure fair access for these Community Uses in a way which does not thereafter abandon or leave vacant materially, detrimentally affect Tenant’s operation of the Demised Premises. The parties further specifically agree that the current community uses also include groups which are treated as tenants on the Premises, and shall not permit who use office space and facilities for their non-profit organizational functions, including the license or occupancy All American Boys Chorus and Cooperative Extension (a Governmental Agency which is part of the Demised Premises by any party other than TenantUC system), its agents, employees and invites, and shall: (a) Conduct no auction, fire, going-out-of-business or bankruptcy sales or similar practice. (b) Display no merchandise outside the Demised Premises nor in any bv way obstruct the adjacent sidewalks; and, store all trash and refuse in appropriate containers within the Demised Premises and attend to the daily disposal thereof in the manner designated by Landlordof example. Tenant shall not burn any trash or rubbish in or about make commercially reasonable efforts to continue to accommodate these and similar tenants on the Demised Premises or anywhere else within who contribute to the confines success of the Shopping Center. (c) Load or unload all merchandiseAnnual Fair, suppliesCentennial Farm, fixtures, equipment and furniture the agricultural and cause cultural programs held on 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 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 comply 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 interior of the Demised Premises which shall be visible from the exterior thereof, including, without limitation, window displays, advertising matter, signs, merchandise, and store fixtures, shall be maintained in such a manner as not to detract from the character and standards of the Shopping Center.

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 promptly install its leasehold improvements and will 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 open for business on or before the Commencement Datein addition to, and Tenant shall not thereafter abandon or leave vacant the Demised Premisesa part of, Minimum Rent and shall not permit the license or occupancy of the Demised Premises by any party other than Tenant, its agents, employees and invites, and shall:Additional Rent otherwise due under this Lease. (a) Conduct 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 auctionevent shall Landlord be liable to Tenant for any failure of other tenants in the Retail Office Center to operate their business, fire, going-out-of-business or bankruptcy sales for any loss or similar practicedamage that may be occasioned by or through the acts or omissions of other tenants or third parties. (b) Display no merchandise outside Landlord reserves the 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 absolute right to the daily disposal thereof effect such other tenancies in the 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 Retail Office Center 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 as Landlord shall comply 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 thereofdetermine, in the interior exercise of its sole business judgment, is best to promote the interests of the Demised Premises which 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 be visible 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 exterior thereof, including, without limitation, window displays, advertising matter, signs, merchandisePremises, and store fixturesTenant hereby waives any and all claims that, shall be maintained in but for this sentence, it might have against Landlord by reason of such a manner as not to detract from the character conduct by one or more of such persons and standards of the Shopping Centerentities.