Restaurants. Whether as part of the Hotel operations or not, a Restaurant operator may dispense for sale or other consideration, Alcoholic Beverages for on-site consumption in all or any portion of the Project Plans marked as “Leasable Space” -- provided that there are not more than 4,500 square feet in total of Restaurant Uses in the Project -- so long as the operator agrees in writing to comply with the terms and conditions in Exhibit “H”. Developer shall cause all Restaurant operator leases or transfers of ownership to contain a clause that requires the new operator to comply with the terms and conditions in Exhibit H in the event that Alcoholic Beverages are intended to be dispensed for on-site consumption. Notwithstanding the foregoing, the operator of a Restaurant may apply for a conditional use permit pursuant to SMMC Section 9.04.10.18 in order to sell or furnish alcoholic beverages for consumption on-site on terms other than those in Exhibit H. ” This Section 2.6.2 shall survive the expiration of the Term of this Agreement and shall remain binding on Developer, its successors and assigns, and shall continue in effect for the life of the Project.
Appears in 2 contracts
Sources: Development Agreement, Development Agreement