Common use of Prohibited Use Clause in Contracts

Prohibited Use. Any use or occupancy of the Premises that would be likely to: (i) cause damage to the Buildings, the Premises, the Center or any equipment, facilities or other systems owned by Landlord therein; (ii) impair the appearance of the Premises, the Buildings or the Center; (iii) interfere with the efficient and economical maintenance, operation and repair of the Premises, the Buildings or the Center or the equipment, facilities or systems owned by Landlord; (iv) adversely affect any service provided to, and/or the use and occupancy by, any of the Buildings’ tenants or occupants; (v) violate the certificate of occupancy issued for the Premises or the Buildings; or (vi) adversely affect the image of the Buildings or the Center as a first-class office location in midtown Manhattan. Prohibited Use also includes the use of any part of the Premises for: (A) except as otherwise expressly provided with respect to the Club and the Music Hall, the preparation, consumption, storage, manufacture or sale of food or beverages (except in connection with vending machines and/or warming kitchens installed for the use of Tenant’s employees only), liquor or tobacco, it being expressly understood and agreed that the preparation, consumption, storage, manufacture or sale of food, beverages, liquor and tobacco (subject to compliance with all Requirements) shall constitute a Permitted Use in the Music Hall and the Club; (B) the business of photocopying, multilith or offset printing (except photocopying in connection with Tenant’s own business); (C) a typing or stenography business; (D) a school or classroom other than dance classes; (E) lodging or sleeping; (F) a payroll office other than for Tenant’s employees; (G) a xxxxxx, beauty or manicure shop open to the public; (H) an employment agency, executive search firm or similar enterprise; (I) offices of any Governmental Authority, any foreign government, the United Nations, or any agency or department of the foregoing; (J) the rendering of medical, dental or other therapeutic or diagnostic services open to the public; (K) except (1) with respect to the Music Hall and (2) as permitted in the Declaration, broadcasting or the business of broadcasting by wire or wireless of any programs or pictures of any sort, or the sale of apparatus or devices connected with the business of such broadcasting; (L) the display or exhibiting of any materials which are obscene or offensive to the general public or (M) any illegal activity, including the use of illegal drugs, or any activity constituting a nuisance.

Prohibited Use. Any use, occupancy or purpose which is not a Permitted Use or any use or occupancy of the Premises that would be likely toin Landlord’s reasonable judgment would: (ia) cause damage to the BuildingsBuilding, the Premises900 North Building (defined below), the Center Premises or any equipment, facilities or other systems owned by Landlord therein; (iib) impair the appearance of the Premises, the Buildings Building or the Center000 Xxxxx Xxxxxxxx; (iiic) interfere with the efficient and economical maintenance, operation and repair of the Premises, the Buildings Premises or the Center Building or the equipment, facilities or systems owned by Landlordthereof; (ivd) adversely affect any service provided to, and/or the use and occupancy by, any of Building or the Buildings’ tenants 900 North Building tenant or occupants; (ve) violate the certificate of occupancy issued for the Premises or the Buildings; Building or (vif) adversely affect the first class image of the Buildings Building or the Center as a first-class office location in midtown Manhattan000 Xxxxx Xxxxxxxx. Prohibited Use also includes the use of any part of the Premises for: (Ai) except as otherwise expressly provided with respect to the Club and the Music Halla restaurant, tavern or bar; (ii) the preparation, consumption, storage, manufacture or sale of food or beverages (except in connection with vending machines and/or warming kitchens a pantry (which may include a microwave oven) installed solely and exclusively for the use of Tenant’s employees onlyand invitees), liquor liquor, tobacco or tobacco, it being expressly understood and agreed that the preparation, consumption, storage, manufacture or sale of food, beverages, liquor and tobacco (subject to compliance with all Requirements) shall constitute a Permitted Use in the Music Hall and the Clubdrugs; (Biii) the business of photocopying, multilith or offset printing (except photocopying in connection with Tenant’s own business); (Civ) a typing or stenography business; (Dv) a school or classroom other than dance classesclassroom; (Evi) lodging or sleeping; (Fvii) the operation of retail facilities (meaning a business whose primary patronage arises from the generalized solicitation of the general public to visit Tenant’s offices in person without a prior appointment) or a savings and loan association or retail facilities or any financial, lending, securities brokerage or investment activity, except as permitted pursuant to the Permitted Use; (viii) a payroll office other than for Tenant’s employeesoffice; (Gix) a xxxxxx, beauty or manicure shop open to the publicshop; (Hx) an employment agency, executive search firm or similar enterprise; (Ixi) offices of the City of Chicago or the State of Illinois or of any other Governmental Authority, any foreign government, the United Nations, or any agency or department of any of the foregoing; (Jxii) the manufacture, retail sale, storage of merchandise or auction of merchandise, goods or property of any kind to the general public; (xiii) the rendering of medical, dental or other therapeutic or diagnostic services open to the publicexpressly including, without limitation, a clinic, office or other facility performing abortions; (Kxiv) except (1) with respect to the Music Hall and (2) as permitted in the Declarationany pornographic, broadcasting indecent or the business of broadcasting by wire immoral use or wireless of any programs purpose including, without limitation, an establishment selling or pictures of any sort, exhibiting pornographic materials or the sale of apparatus drug related paraphernalia or devices connected with the business of such broadcastingan adult theatre or live performance theatre exhibiting nude or lewd performers or performances or lascivious behavior; (L) the display or exhibiting of any materials which are obscene or offensive to the general public or (Mxv) any illegal activity, including the use of illegal drugs, purposes or any activity constituting a legal nuisance; (xvi) a fire sale, bankruptcy or going out of business sale (unless permitted pursuant to a court order with proper permits issued by the City of Chicago); (xvii) a mortuary or funeral home; (xviii) a carnival or flea market; (xix) an off-track betting store or parlor; (xx) a pawn shop or currency exchange; (xxi) a deep discount store; (xxii) a bowling alley, disco, nightclub, pool or billiard hall, dance hall or amusement or video arcade; (xxiii) a massage parlor; (xxiv) a gun shop or firing range; (xxv) a salvage shop; (xxvi) a methadone clinic or drug or alcohol dependency clinic; (xxvii) a dry cleaner or other use which produces odors that emanate beyond the Premises; or (xxviii) any other use inconsistent with comparable buildings in a 1/2 mile radius of the Real Property. Real Property: Collectively, the Building, the land on which the Building is located, and any other buildings, improvements and structures located on such land. For purposes of clarification, the term “Real Property” does not include any residential buildings, structures or units or parking facilities. Rent: Fixed Rent and Additional Rent, collectively. Rentable Square Feet (Foot or Footage): The deemed rentable area of the Building or any portion thereof, computed on the basis set forth below; provided, however, that in no event shall such deemed Rentable Square Footage constitute or imply any representation or warranty by Landlord as to the actual size of any floor or other portion of the Building, including the Premises. Determination of Rentable Square Footage of any additional space which may be added to the Premises shall mean the product of (a) the number of square feet of “Usable Area” and any “Floor Common Area” located in the Premises as defined and calculated in accordance with the American National Standards Institute, Inc. Standard Method for Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-1996, published by the Building Owners and Managers Association International (“BOMA”), times (b) 1.1765. Rules and Regulations: The rules and regulations attached to this Lease as Exhibit B, and such additional rules and regulations as Landlord may adopt from time to time in a reasonable manner and which do not materially and adversely interfere with Tenant’s use of the Premises as permitted hereunder or reduce Tenant’s rights under this Lease.

Prohibited Use. Any use, occupancy or purpose which is not a Permitted Use or any use or occupancy of the Premises that would be likely toin Landlord’s reasonable judgment would: (ia) cause damage to the BuildingsBuilding, the Premises600 West Building (defined below), the Center Premises or any equipment, facilities or other systems owned by Landlord therein; (iib) impair the appearance of the Premises, the Buildings Building or the Center000 Xxxx Xxxxxxxx; (iiic) interfere with the efficient and economical maintenance, operation and repair of the Premises, the Buildings Premises or the Center Building or the equipment, facilities or systems owned by Landlordthereof; (ivd) adversely affect any service provided to, and/or the use and occupancy by, any of Building or the Buildings’ tenants 600 West Building tenant or occupants; (ve) violate the certificate of occupancy issued for the Premises or the Buildings; Building or (vif) adversely affect the first class image of the Buildings Building or the Center as a first-class office location in midtown Manhattan000 Xxxx Xxxxxxxx. Prohibited Use also includes the use of any part of the Premises for: (Ai) except as otherwise expressly provided with respect to the Club and the Music Halla restaurant, tavern or bar; (ii) the preparation, consumption, storage, manufacture or sale of food or beverages (except in connection with vending machines and/or warming kitchens a pantry (which may include a microwave oven) installed solely and exclusively for the use of Tenant’s employees onlyand invitees), liquor liquor, tobacco or tobacco, it being expressly understood and agreed that the preparation, consumption, storage, manufacture or sale of food, beverages, liquor and tobacco (subject to compliance with all Requirements) shall constitute a Permitted Use in the Music Hall and the Clubdrugs; (Biii) the business of photocopying, multilith or offset printing (except photocopying in connection with Tenant’s own business); (Civ) a typing or stenography business; (Dv) a school or classroom other than dance classesclassroom; (Evi) lodging or sleeping; (Fvii) the operation of retail facilities (meaning a business whose primary patronage arises from the generalized solicitation of the general public to visit Tenant’s offices in person without a prior appointment) or a savings and loan association or retail facilities or any financial, lending, securities brokerage or investment activity, except as permitted pursuant to the Permitted Use; (viii) a payroll office other than for Tenant’s employeesoffice; (Gix) a xxxxxx, beauty or manicure shop open to the publicshop; (Hx) an employment agency, executive search firm or similar enterprise; (Ixi) offices of the City of Chicago or the State of Illinois or of any other Governmental Authority, any foreign government, the United Nations, or any agency or department of any of the foregoing; (Jxii) the manufacture, retail sale, storage of merchandise or auction of merchandise, goods or property of any kind to the general public; (xiii) the rendering of medical, dental or other therapeutic or diagnostic services open to the publicexpressly including, without limitation, a clinic, office or other facility performing abortions; (Kxiv) except (1) with respect to the Music Hall and (2) as permitted in the Declarationany pornographic, broadcasting indecent or the business of broadcasting by wire immoral use or wireless of any programs purpose including, without limitation, an establishment selling or pictures of any sort, exhibiting pornographic materials or the sale of apparatus drug related paraphernalia or devices connected with the business of such broadcastingan adult theatre or live performance theatre exhibiting nude or lewd performers or performances or lascivious behavior; (L) the display or exhibiting of any materials which are obscene or offensive to the general public or (Mxv) any illegal activity, including the use of illegal drugs, purposes or any activity constituting a legal nuisance; (xvi) a fire sale, bankruptcy or going out of business sale (unless permitted pursuant to a court order with proper permits issued by the City of Chicago); (xvii) a mortuary or funeral home; (xviii) a carnival or flea market; (xix) an off-track betting store or parlor; (xx) a pawn shop or currency exchange; (xxi) a deep discount store; (xxii) a bowling alley, disco, nightclub, pool or billiard hall, dance hall or amusement or video arcade; (xxiii) a massage parlor; (xxiv) a gun shop or firing range; (xxv) a salvage shop; (xxvi) a methadone clinic or drug or alcohol dependency clinic; (xxvii) a dry cleaner or other use which produces odors that emanate beyond the Premises; or (xxviii) any other use inconsistent with comparable buildings in a 1/2 mile radius of the Real Property. Real Property: Collectively, the Building, the land on which the Building is located, and any other buildings, improvements and structures located on such land. For purposes of clarification, the term “Real Property” does not include any residential buildings, structures or units or parking facilities. Rent: Fixed Rent and Additional Rent, collectively. Rentable Square Feet (Foot or Footage): The deemed rentable area of the Building or any portion thereof, computed on the basis set forth below; provided, however, that in no event shall such deemed Rentable Square Footage constitute or imply any representation or warranty by Landlord as to the actual size of any floor or other portion of the Building, including the Premises. Determination of Rentable Square Footage of any additional space which may be added to the Premises shall mean the product of (a) the number of square feet of “Usable Area” and any “Floor Common Area” located in the Premises as defined and calculated in accordance with the American National Standards Institute, Inc. Standard Method for Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-1996, published by the Building Owners and Managers Association International (“BOMA”), times (b) 1.1765. Rules and Regulations: The rules and regulations attached to this Lease as Exhibit B, and such additional rules and regulations as Landlord may adopt from time to time in a reasonable manner and which do not materially and adversely interfere with Tenant’s use of the Premises as permitted hereunder or reduce Tenant’s rights under this Lease.

Prohibited Use. Any use or occupancy of the Premises that would be likely toin Landlord’s reasonable judgment would: (ia) cause damage to the Buildings, the Premises, the Center Building or any equipment, facilities or other systems owned by Landlord therein; (iib) impair the appearance of the Premises, the Buildings or the CenterBuilding; (iiic) interfere with the efficient and economical maintenance, operation and repair of the Premises, the Buildings Premises or the Center Building or the equipment, facilities or systems owned by Landlordthereof; (ivd) adversely affect any service provided to, and/or the use and occupancy by, any of the Buildings’ tenants Building tenant or occupants; (ve) violate the certificate of occupancy issued for the Premises or the BuildingsBuilding; or (vif) materially and adversely affect the first-class image of the Buildings Building or (g) result in protests or civil disorder or commotions at, or other disruptions of the Center as a first-class office location in midtown Manhattannormal business activities in, the Building. Prohibited Use also includes the use of any part of the Premises for: (Ai) except as otherwise expressly provided with respect to the Club and the Music Hall, a restaurant or bar; (ii) the preparation, consumption, storage, manufacture or sale of food or beverages (except in connection with vending machines (provided that each machine, where necessary, shall have a waterproof pan thereunder and be connected to a drain) and/or warming kitchens installed for the use of Tenant’s employees only), liquor liquor, tobacco or tobacco, it being expressly understood and agreed that the preparation, consumption, storage, manufacture or sale of food, beverages, liquor and tobacco (subject to compliance with all Requirements) shall constitute a Permitted Use in the Music Hall and the Clubdrugs; (Biii) the business of photocopying, multilith or offset printing (except photocopying in connection with Tenant’s own business); (C) a typing or stenography business; (Div) a school or classroom other than dance classesclassroom; (Ev) lodging or sleeping; (Fvi) the operation of retail facilities (meaning a business whose primary patronage arises from the generalized solicitation of the general public to visit Tenant’s offices in person without a prior appointment) of a savings and loan association or retail facilities of any financial, lending, securities brokerage or investment activity; (vii) a payroll office other than for Tenant’s employeesoffice; (Gviii) a xxxxxx, beauty or manicure shop open to the publicshop; (Hix) an employment agency, executive search firm agency or similar enterprise; (Ix) offices of any Governmental Authority, any foreign government, the United Nations, or any agency or department of the foregoing; (Jxi) the manufacture, retail sale, storage of merchandise or auction of merchandise, goods or property of any kind to the general public which could reasonably be expected to create a volume of pedestrian traffic substantially in excess of that normally encountered in the Premises; (xii) the rendering of medical, dental or other therapeutic or diagnostic services open to the publicservices; (K) except (1) with respect to the Music Hall and (2) as permitted in the Declaration, broadcasting or the business of broadcasting by wire or wireless of any programs or pictures of any sort, or the sale of apparatus or devices connected with the business of such broadcasting; (L) the display or exhibiting of any materials which are obscene or offensive to the general public or (Mxiii) any illegal activity, including the use of illegal drugs, purposes or any activity constituting a nuisance.

Prohibited Use. Any use or occupancy of the Premises that in Landlord’s reasonable judgment would be likely to: (ia) cause damage to the BuildingsBuilding, the Premises, the Center Premises or any equipment, facilities or other systems owned by Landlord therein; (iib) impair the appearance of the Premises, the Buildings Premises or the CenterBuilding; (iiic) interfere with the efficient and economical maintenance, operation and repair of the Premises, the Buildings Premises or the Center Building or the equipment, facilities or systems owned by Landlordthereof; (ivd) adversely affect any service provided to, and/or the use and occupancy by, any of the Buildings’ tenants Building tenant or occupants; (ve) violate the certificate of occupancy issued for the Premises or the Buildings; Building or (vif) adversely affect the image of the Buildings or the Center Building as a first-class office location in midtown Manhattan. Prohibited Use also includes the use of any part of the Premises for: (Ai) except as otherwise expressly provided with respect to the Club and the Music Hall, a restaurant or bar; (ii) the preparation, consumption, storage, manufacture or sale of food or beverages (except in connection with vending machines and/or warming kitchens installed for the use of Tenant’s employees only), liquor liquor, tobacco or tobacco, it being expressly understood and agreed that the preparation, consumption, storage, manufacture or sale of food, beverages, liquor and tobacco (subject to compliance with all Requirements) shall constitute a Permitted Use in the Music Hall and the Clubdrugs; (Biii) the business of photocopying, multilith or offset printing (except photocopying in connection with Tenant’s own business); (Civ) a typing or stenography business; (Dv) a school or classroom other than dance classesclassroom; (Evi) lodging or sleeping; (Fvii) the operation of retail facilities (meaning a business whose primary patronage arises from the generalized solicitation of the general public to visit Tenant’s offices in person without a prior appointment) of a savings and loan association or retail facilities of any financial, lending, securities brokerage or investment activity; (viii) a payroll office other than for Tenant’s employeesoffice; (Gix) a xxxxxx, beauty or manicure shop open to the publicshop; (Hx) an employment agency, executive search firm or similar enterprise; (Ixi) offices of any Governmental Authority, any foreign government, the United Nations, or any agency or department of the foregoing; (Jxii) the manufacture, retail sale, storage of merchandise or auction of merchandise, goods or property of any kind to the general public which could reasonably be expected to create a volume of pedestrian traffic substantially in excess of that normally encountered in the Premises; (xiii) the rendering of medical, dental or other therapeutic or diagnostic services open to the publicservices; (Kxiv) except (1) with respect to the Music Hall and (2) as permitted in the Declaration, broadcasting a discount drug store or the business of broadcasting by wire discount clothing store or wireless of any programs or pictures of any sort, or the sale of apparatus or devices connected with the business of such broadcastinga “fast food” restaurant; (L) the display or exhibiting of any materials which are obscene or offensive to the general public or (Mxv) any illegal activity, including the use of illegal drugs, purposes or any activity constituting a nuisance.

Prohibited Use. Any use or occupancy of the Premises that would be likely toin Landlord’s reasonable judgment will: (i) cause damage to the Buildings, Premises or the Premises, the Center Real Property or any portion thereof or any equipment, facilities or other systems owned by Landlord therein; (ii) impair the appearance of the Premises, the Buildings Real Property or the Centerany portion thereof; (iii) interfere with the efficient and economical maintenance, operation and repair of the Premises, the Buildings Building or the Center Real Property or the equipment, facilities or systems owned by Landlordthereof; (iv) adversely affect any service provided to, and/or the use and occupancy by, any of the Buildings’ Building tenants or occupants; (v) violate the certificate of occupancy issued for the Premises or the BuildingsBuilding; or (vi) adversely affect the image of the Buildings or the Center Building as a first-class office location in midtown Manhattan. Prohibited Use also includes the use of any part of the Premises for: (A) except as otherwise expressly provided with respect to the Club and the Music Hall, a restaurant or bar; (B) the preparation, consumption, storage, manufacture or sale of food or beverages (except in connection with vending machines and/or warming kitchens installed for the use of Tenant’s employees only), liquor liquor, tobacco or tobacco, it being expressly understood and agreed that the preparation, consumption, storage, manufacture or sale of food, beverages, liquor and tobacco (subject to compliance with all Requirements) shall constitute a Permitted Use in the Music Hall and the Clubdrugs; (BC) the business of photocopying, multilith or offset printing (except photocopying in connection with Tenant’s own business)printing; (CD) a typing or stenography business; (DE) a school or classroom other than dance classesclassroom; (EF) lodging or sleeping; (FG) the operation of retail facilities (meaning facilities the primary patronage of which arises from the generalized solicitation of the general public to visit Tenant’s offices in person without a prior appointment) of a savings and loan association or retail facilities of any financial, lending, securities brokerage or investment activity; (H) a payroll office other than for Tenant’s employeesoffice; (GI) a xxxxxxbxxxxx, beauty or manicure shop open to the publicshop; (HJ) an employment agency, executive search firm or similar enterprise; (IK) offices of any Governmental Authority, any foreign government, the United Nations, or any agency or department of the foregoing; (JL) the retail sale of merchandise, goods or property of any kind (other than the sale of financial services to regular clients, but nothing herein shall permit the use of the Premises for sale of such financial services to any “off-the-street” customers or traffic); (M) the manufacture, storage or auction of merchandise, goods or property of any kind to the general public which could reasonably be expected to create a volume of pedestrian traffic substantially in excess of that normally encountered in a first-class office building; (N) the rendering of medical, dental or other therapeutic or diagnostic services open to the publicservices; (KO) except (1) with respect to the Music Hall and (2) as permitted in the Declaration, broadcasting or the business of broadcasting by wire or wireless of any programs or pictures of any sort, or the sale of apparatus or devices connected with the business of such broadcasting; (L) the display or exhibiting of any materials which are obscene or offensive to the general public or (MP) any illegal activity, including the use of illegal drugs, activity or any activity constituting a nuisance.