Common use of Protective Covenant Clause in Contracts

Protective Covenant. In order to induce Tenant to enter into this ------------------- Lease, Landlord agrees for itself, its successors and assigns, its officers, directors and shareholders (holding more than ten percent (10%) of its stock), its parent, affiliated and subsidiary corporations and any partner or other party affiliated with it, that none of the foregoing shall use, suffer, permit or consent to the use or occupancy of any part of the Entire Premises except for the Demised Premises during the Term of this Lease, as extended and renewed, and that Tenant shall have the exclusive right, power and authority (1) to conduct the operation of a retail and/or wholesale business for the sale and/or distribution of supplies, equipment and apparel for marine and boating uses (hereinafter "Exclusive Business") in the Entire Premise and (2) to sell mechanical, electrical and other equipment, supplies, electronics, appliances, hardware, rope, rigging, boat trailering, navigation, inflatable boats, plumbing and apparel for marine and boating uses (hereinafter "Exclusive Products") in the Entire Premises. Landlord agrees (i) not to enter into any new leases, (ii) not to renew or extend any existing leases, which require Landlord's approval to renew or extend, (iii) not to consent to any assignment or sublease, which require Landlord's consent to assign or sublet, (collectively "New Lease") for the premises in the Entire Premises that permit or contemplate the conduct of any Exclusive Business or that permit or contemplate the sale of any Exclusive Products. Landlord also agrees to include a disclosure in any New Lease of the Exclusivity provisions contained in this Lease, to include a provision in any New Lease wherein such person or entity agrees not to do any acts in violation of the exclusivity provisions of this Lease, and to perform such acts as are necessary or appropriate (including, without limitation, the commencement and prosecution of legal action) to enforce the exclusivity provisions of this Lease. In the event of a breach of the exclusivity provisions of this Section, Landlord agrees that Tenant shall be entitled to obtain (among other relief) injunctive relief and/or compensatory damages. For the purposes of this Lease, the term "Affiliate" shall mean and include (without limitation) any corporation, partnership, limited liability company, or other business entity which is controlled (directly or indirectly) by Landlord or any officers, partner or principals of Landlord. This restriction shall not apply to any business whose principal business is that of a general merchandiser or any other seller of a broad mix of general merchandise which sells mechanical, electrical and other equipment, supplies, electronics, appliances, hardware, rope, rigging, boat trailering, navigation, inflatable boats, plumbing and apparel for marine and boating uses as an incidental part of its general merchandise business. With the exception of uses existing at the execution of this Lease, prohibited uses of the Entire Premises include the following: commercial indoor amusements, entertainment facilities; flea market or similar business; adult entertainment, schools of any type; churches; car rentals or sales parking vehicles offered for lease or sale in the parking areas of Entire Premises; restaurants; nightclubs; cocktail lounges; taverns; undertaking establishments; bingo games or off-track betting agencies; post offices or postal facilities (excluding Mailboxes, Etc, or such similar business); gymnasiums, spas, tanning facilities, dance studios or health clubs; theaters, either motion picture or live; bowling alley; skating rink of any type; or any other similar uses which require excessive use of the Parking Area in terms of number of parking spaces or length of time of the use of the parking spaces. Landlord covenants and agrees with Tenant that Landlord will not consent to any assignment or subletting of any tenant's leased space where the use of the space to be made by the assignee or sublessee would violate this Section 11.