leaving vacant definition

leaving vacant means the Premises are left unattended and/or is not open for business (except for the permitted exceptions set forth in (i) hereafter) for a period of thirty (30) calendar days. Tenant warrants and agrees (i) that it shall prevent the Premises from being used in any way which will injure the reputation of the Real Property, the reputation of Landlord, or from being used in any way which may be a nuisance, annoyance, inconvenience, or damage to other tenants or occupants of the properties which adjoin the Premises, whether or not owned and controlled by Landlord, including, without limiting the generality of the foregoing, vibration, noise, or odors from its business operation, playing of any musical instrument, radio, or television, or use of a microphone, loudspeaker, electrical equipment, or other equipment which may be heard outside of the Premises, or the allowing the accumulation of refuse or garbage which would attract vermin, insects, and/or produce noxious or unpleasant odors; and (ii) that it shall forthwith report to Landlord in writing any investigation, complaint, or redtag, either from a neighbor, or governmental body or political subdivision thereof, in which the Premises is situated. In the event Tenant has abandoned or allowed the Premises to be vacant, Landlord may, at its sole discretion, take all necessary or prudent acts to secure the Premises, install an occupant in order to avoid the insurance contract then in effect from being vitiated by reason of the Premises being vacant or to minimize the insurance coverage by reason of such abandonment or allowing the Premises to be vacant including, without limiting the generality of the foregoing, changing the locks, boarding up windows, obtaining additional insurance, hiring security guards or services, allowing occupancy of the Premises during business hours to a nonpaying occupant and not as a tenant, or any such other act which Landlord deems prudent in the then circumstances. Any such costs incurred by Landlord by reason of such breach shall be deemed additional rent and subject Tenant to the remedies of Landlord set forth in Section 21 of this Lease hereafter. Tenant fully releases and discharges Landlord from any and all claims and liabilities arising by reason of Landlord undertaking one or more of the above-referenced actions.