Common use of Use Occupancy Clause in Contracts

Use Occupancy. (a) The license granted under this Agreement shall apply with respect only to use approximately Seven hundred and Fifty Eight (758) square feet of the Premises whose approximate location is shown on Schedule “A” hereto the “Licensed Location”). Licensee shall have the right to use the Licensed Location solely for the Business of selling at retail, tea and by products; tea accessories; hot and cold beverages; and snack products but in any event cooking will be prohibited in the Licensed Location in accordance with and subject to all applicable laws and the terms and conditions of the Lease and for no other purpose. Throughout the Term, the Licensee shall diligently and continuously conduct the Business in the Licensed Location. Any solicitation of customers shall be done in a professional and courteous manner. Licensee, its employees and/or agents shall not do or fail to do anything in the Licensed Location and/or the Premises, which would violate the Lease. Licensor may, from time to time, give Licensee notice of any act or omission by Licensee, its employees or agents that is, would or could be a violation of the Lease. Upon Licensee’s receipt of notice, Licensee, its employees and/or agents shall promptly cease and refrain from doing at all future times any and everything that Licensor advises Licensee is, would or could be a violation of this Agreement and/or the Lease. (b) Licensee shall continuously, actively and diligently carry on and the Licensed Location shall be used only for the Business in the whole of the Licensed Location during the entire Term under the trade name “DAVIDs TEA INC.” in a first class and proper manner and for no other purpose and under no other trade name. Licensee’s use of the Licensed Location shall be subject to such limitations and restrictions as Licensor may, from time to time, impose (including hours of operation during which the Business and/or the Premises are open to the public). The Licensee shall not be entitled to a key to the Premises and the Licensee shall have no right of access to the Licensed Location before or after the Licensor’s business hours from time to time except with the express prior written permission of the Licensor. Except in the case of an emergency, Licensor’s personnel shall not block or unduly restrict access to the Licensed Location. If the Licensee breaches the use clause in any respect, the Licensor shall, in addition to its other rights and remedies herein, have the immediate right to terminate this Agreement without notice and to recover from the Licensee damages for breach of covenant and loss of all revenue arising from and after the termination. (c) In the conduct by the Licensee of the Business at the Licensed Location, the Licensee shall: (i) conduct the Business in the Licensed Location during such hours and on the days that the Licensor requires or expressly permits in writing from time to time and at no other time but the Licensee is not required to carry on business when prohibited by a governmental law or by-law regulating the hours of business; (ii) operate the Business in a lawful manner in accordance with al Applicable Laws (as hereafter defined) with due diligence and efficiency as a first-rate merchandising activity; (iii) own, install and keep in good order and condition, free from liens, security interests or rights of third parties, all of the Licensee’s fixtures and equipment; (iv) maintain at the Licensed Location an adequate stock and an adequate sales force to serve properly all customers of the said business; (v) warehouse, store or stock in the Licensed Location only such goods, wares and merchandise as the Licensee offers for sale in the Licensed Location; (vi) use for office, clerical or other non-selling purposes, only such reasonable minimum amount of space at the Licensed Location as may be required for the conduct of the said business from time to time; (vii) not, nor shall it cause, suffer or permit its employees or agents to, solicit business or display any merchandise anywhere in the Premises and/or in any of the common areas or facilities at any time other than the Licensed Location without the prior written consent of the Licensor, which consent may be unreasonably withheld; (viii) not cause, permit or suffer any machines selling merchandise or vending services, including vending machines or machines operated by coins, credit or debit cards or otherwise, to be present in the Licensed Location; and (ix) not use any loudspeakers, television, phonographs, speakers, radios or other similar devices without the prior written consent of the Licensor, which consent may be unreasonably withheld. (x) Clean on a regular basis the washrooms and keep them in a sanitary condition. (d) Without expanding upon the definition of Business, no part of the Licensed Location will be used nor shall the Licensee permit any portion of the Licensed Location to be used at any time for any of the following uses (or any uses incidental thereto): (i) adults only, immoral, pornographic and/or sexual related activities; (ii) the sale of second hand goods or fire sale stock or bankruptcy stock; the sale of firecrackers or fireworks; an auction, bulk sale, liquidation sale, “going out of business” or bankruptcy sale, or warehouse sale; (iii) any sale or business conduct which in the Licensor’s opinion is likely to lower the character of the Premises or any practice of unethical or deceptive advertising or selling procedures; (iv) any unlawful, criminal or unlicensed use; (v) the storage of goods not sold on or from the Licensed Location; and/or (vi) the sale, rental and/or distribution of any clothing or clothing accessories, cigarettes, cigars, tobacco or any form of tobacco products, alcohol and/or alcoholic beverages.

Use Occupancy. (a) The license License granted under this Agreement shall apply with respect only to the Premises. Licensee shall have the right to use and occupy approximately Seven nine thousand six hundred and Fifty Eight nineteen (7589,619) square feet of the Premises whose approximate location is as shown outlined on Schedule “A” hereto (the “Licensed Location”). Licensee shall have the exclusive right to use the Licensed Location solely for the Business of selling at retail, tea and by products; tea accessories; hot and cold beverages; and snack products but in any event cooking will be prohibited in the Licensed Location in accordance with and subject to all applicable laws and the terms and conditions of the Lease and for no other purposeBusiness. Throughout the Term, the Licensee shall diligently and continuously conduct the Business in the Licensed Location. Any solicitation of customers shall be done in a professional and courteous manner. Licensee, its employees and/or agents shall not do or fail to do anything in the Licensed Location and/or the Premises, Premises which would violate the Lease. Licensor may, from time to time, give Licensee notice of any act or omission by Licensee, its employees or agents that is, would or could be a violation of the Lease. Upon Licensee’s receipt of notice, Licensee, its employees and/or agents shall promptly cease and refrain from doing at all future times any and everything that Licensor advises Licensee Licensee, is, would or could be a violation of this Agreement and/or its Lease for the Lease. (b) Premises. Licensee shall continuously, actively maintain and diligently carry on and the Licensed Location shall be used only for the Business in the whole of the Licensed Location during the entire Term under the trade name “DAVIDs TEA INC.” conduct its operations in a first class and proper manner and for no other purpose and under no other trade namemanner. Licensee’s use of the Licensed Location shall be subject to such reasonable limitations and restrictions as Licensor may, from time to time, impose (including hours of operation during which the Business and/or the Premises are open to the publicBusiness). The Licensee ; provided, however, that such restrictions and limitations shall not require that Licensee be entitled to a key to the Premises and the Licensee shall have no right of access to the Licensed Location before open or after the Licensor’s conduct any business hours from time to time except with the express prior written permission in contravention of the Licensorlaw or at unreasonable times. Except in the case of an emergency, Licensor’s personnel shall not block or unduly restrict access to the Licensed Location. If the Licensee breaches the use clause in any respect, the Licensor shall, in addition to its other rights and remedies herein, have the immediate right to terminate this Agreement without notice and to recover from the Licensee damages for breach of covenant and loss of all revenue arising from and after the termination. (c) In the conduct by the Licensee of the Business at the Licensed Location, the Licensee shall: (i) conduct the Business in the Licensed Location during such hours and on the days that the Licensor requires or expressly permits in writing from time to time and at no other time but the Licensee is not required to carry on business when prohibited by a governmental law or by-law regulating the hours of business; (ii) operate the Business in a lawful manner in accordance with al Applicable Laws (as hereafter defined) with due diligence and efficiency as a first-rate merchandising activity; (iii) own, install and keep in good order and condition, free from liens, security interests or rights of third parties, all of the Licensee’s fixtures and equipment; (iv) maintain at the Licensed Location an adequate stock and an adequate sales force to serve properly all customers of the said business; (v) warehouse, store or stock in the Licensed Location only such goods, wares and merchandise as the Licensee offers for sale in the Licensed Location; (vi) use for office, clerical or other non-selling purposes, only such reasonable minimum amount of space at the Licensed Location as may be required for the conduct of the said business from time to time; (vii) not, nor shall it cause, suffer or permit its employees or agents to, solicit business or display any merchandise anywhere in the Premises and/or in any of the common areas or facilities at any time other than the Licensed Location without the prior written consent of the Licensor, which consent may be unreasonably withheld; (viii) not cause, permit or suffer any machines selling merchandise or vending services, including vending machines or machines operated by coins, credit or debit cards or otherwise, to be present in the Licensed Location; and (ix) not use any loudspeakers, television, phonographs, speakers, radios or other similar devices without the prior written consent of the Licensor, which consent may be unreasonably withheld. (x) Clean on a regular basis the washrooms and keep them in a sanitary condition. (d) Without expanding upon the definition of Business, no part of the Licensed Location will be used nor shall the Licensee permit any portion of the Licensed Location to be used at any time for any of the following uses (or any uses incidental thereto): (i) adults only, immoral, pornographic and/or sexual related activities; (ii) the sale of second hand goods or fire sale stock or bankruptcy stock; the sale of firecrackers or fireworks; an auction, bulk sale, liquidation sale, “going out of business” or bankruptcy sale, or warehouse sale; (iii) any sale or business conduct which in the Licensor’s opinion is likely to lower the character of the Premises or any practice of unethical or deceptive advertising or selling procedures; (iv) any unlawful, criminal or unlicensed use; (v) the storage of goods not sold on or from the Licensed Location; and/or (vi) the sale, rental and/or distribution of any clothing or clothing accessories, cigarettes, cigars, tobacco or any form of tobacco products, alcohol and/or alcoholic beverages.