Common use of USE AND ASSIGNMENT Clause in Contracts

USE AND ASSIGNMENT. Tenant shall use and occupy the premises for operation of retail gardening and agricultural store, including the sale of goods and services associated thereto, and for no other purpose, and shall not assign this Lease or sublet the Leased Premises of any part thereof without the written consent of the Landlord, which consent shall not be unreasonably withheld. Tenant shall neither do nor permit on the Leased Premises any act, sale, or storage that may be prohibited under standard forms of fire insurance policies. In addition, no use shall be made or permitted to be made that shall result in (a) waste on the premises, (b) a public or private nuisance that may disturb the quiet enjoyment of other tenants in the Building, (c) improper, unlawful, or objectionable use, including sale or storage of materials generating an odor on the premises, or (d) noises or vibrations that may disturb other tenants. Tenant shall comply with all government regulations and statutes affecting the Leased premises either now or in the future. Tenant shall not cause or permit any hazardous material or hazardous substance to be used, stored, maintained, generated, disposed or released in or about the Premises by Tenant, its agents, employees, contractors, guests or invitees. However, the foregoing provisions shall not prohibit the use, storage, maintenance and handling within the Premises of substances customarily used in the business or activity expressly permitted to be undertaken in the Premises under this Lease, provided, however, that such substances shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises and in the ordinary course of Tenant’s business, strictly in accordance with all applicable laws. For the purposes hereof, the terms “hazardous materials” and “hazardous substances” are used in the broadest sense and shall mean any substance or material defined, designated or regulated as hazardous or toxic, or as a pollutant or contaminant or other similar term by any federal, state or local environmental statute, regulation or ordinance presently in effect or that may be promulgated in the future from time to time.

USE AND ASSIGNMENT. Tenant shall use Lessee, at its sole cost, will cause the Equipment to be operated and occupy maintained in accordance with any applicable manufacturer's manuals or instructions, applicable laws, any insurance policies and any warranties of the premises for operation of retail gardening manufacturer with respect to the Equipment, by competent and agricultural storeduly qualified personnel only, including the sale of goods and services associated theretoin accordance with applicable governmental regulations, if any, and for no other purpose, and its originally intended business purpose only. Lessee shall not assign sell, pledge, hypothecate, or otherwise encumber or suffer a lien upon or against any interest in this Lease or sublet the Leased Premises Equipment nor shall Lessee move the Equipment from its place of installation or delivery, as set forth in Schedule(s) A, without Lessor's prior written consent. LESSEE SHALL NOT ASSIGN THE 6 LEASE OR ASSIGN OR SUBLET ANY ITEM OF EQUIPMENT WITHOUT LESSOR'S PRIOR WRITTEN CONSENT. ANY ASSIGNMENT OR SUBLEASE ENTERED INTO BY LESSEE WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR, WHICH SHALL NOT BE UNREASONABLY WITHHELD, SHALL BE NULL AND VOID. Lessee agrees that Lessor may assign, sell or encumber all or any part thereof without of this Lease, the written consent of Equipment and the LandlordRent hereunder, which consent shall not be unreasonably withheld. Tenant shall neither do nor permit on the Leased Premises and Lessee acknowledges that any actsuch assignment, sale, or storage that may be prohibited under standard forms encumbrance will not materially change its duty or materially increase its burden or risk hereunder; and upon written notice Lessee will unconditionally pay to such assignee all or any part of fire insurance policies. In addition, no use shall be made the Rent and other sums due on or permitted to be made that shall result in (a) waste on the premises, (b) a public or private nuisance that may disturb the quiet enjoyment of other tenants in the Building, (c) improper, unlawful, or objectionable use, including sale or storage of materials generating an odor on the premises, or (d) noises or vibrations that may disturb other tenants. Tenant shall comply with all government regulations and statutes affecting the Leased premises either now or in the future. Tenant shall not cause or permit any hazardous material or hazardous substance to be used, stored, maintained, generated, disposed or released in or about the Premises by Tenant, its agents, employees, contractors, guests or invitees. However, the foregoing provisions shall not prohibit the use, storage, maintenance and handling within the Premises of substances customarily used in the business or activity expressly permitted to be undertaken in the Premises become due under this Lease. Lessee shall not assert against assignee and/or mortgagee any defense, providedcounterclaim or offset that Lessee may have against Lessor. Subject to the other terms and conditions herein, howeverthis Lease inures to the benefit of and is binding upon the heirs, that such substances shall be used legatees, personal representatives, successors and maintained only in such quantities as are reasonably necessary for such permitted use assigns of the Premises and in the ordinary course of Tenant’s business, strictly in accordance with all applicable laws. For the purposes hereof, the terms “hazardous materials” and “hazardous substances” are used in the broadest sense and shall mean any substance or material defined, designated or regulated as hazardous or toxic, or as a pollutant or contaminant or other similar term by any federal, state or local environmental statute, regulation or ordinance presently in effect or that may be promulgated in the future from time to timeparties hereto.