Exclusive. Both parties agree that the remedy specified in Section 7.9(a) above is not exclusive of any other remedy for the breach by Executive of the terms hereof.
Exclusive. Until this Agreement is terminated, Seller will cease its marketing efforts and will not solicit, negotiate or enter into any backup letters of intent, proposals, options or contracts with regard to the purchase and sale of the Property.
Exclusive. The arrangements between Gelteq and the Licensee under this Agreement are exclusive in that Gelteq will not provide any of the Products containing the Licensee’s brand to any third party without the Licensee’s prior written consent.
Exclusive. 5.1. Landlord agrees that it will not directly or indirectly lease, rent, sell or otherwise permit any property in which it has any interest (direct or indirect) located within one thousand (1,000) feet of any exterior boundary of the Leased Premises, to be used as a drug store or a business which sells or dispenses prescription drugs or for any collateral use (such as, E.G., parking, drainage, or service drives), in support of a drug store or a business which sells or dispenses prescription drugs without the written permission of Tenant. If the mortgagee of the Leased Premises becomes the landlord, the provisions of this Section shall not apply so long as such mortgagee remains the landlord.
Exclusive. CLIENT agrees that Cliq shall be its sole provider of ACH services during the term of this Agreement.
Exclusive. Other than claims for fraud or equitable relief (which equitable relief claims are nevertheless subject to Section 10.1), any claim arising under this Agreement or in connection with or as a result of the transactions contemplated by this Agreement or any Damages or injury alleged to be suffered by any party as a result of the actions or failure to act by any other party shall, unless otherwise specifically stated in this Agreement, be governed solely and exclusively by the provisions of this Article 10. If Seller and Purchaser cannot resolve such claim by mutual agreement, such claim shall be determined by adjudication by a court or similar tribunal subject to the provisions of this Article 10.
Exclusive. Licensee shall have the exclusive right during the term of this Agreement, including any and all extensions hereof, to operate gaming devices in the Stores. No part of any Store shall at any time during the term of this Agreement, including any and all extensions hereof, be used or occupied by any other person for the purpose of operating gaming devices. Anything in this Paragraph 10 (Exclusive) to the contrary notwithstanding, the exclusive right granted in this Paragraph 10 (Exclusive) as to any particular Store or Stores shall not commence until the date specified in Paragraph 2 (Term) and shall terminate upon termination of this Agreement as to such Store or Stores.
Exclusive. Lessee shall not block the access roads, trails or paths and shall use the same in a manner that will not interfere with the use of the Property or adjoining premises by the Landowner or other authorized lessees or users. Lessee shall leave all gates as found (opened or closed) after entering or leaving the Property. If locks are utilized, Lessee shall return the key or keys to LandRenter at the end of the term or at such other time or times as agreed to by LandRenter and Lessee. Lessee will not install or use its own locks on the Property or any access thereto unless instructed to do so by LandRenter and owner or its agent. CONDITION OF THE PROPERTY: LandRenter expressly disclaims any warranty of fitness for a particular purpose or merchantability with respect to the Property. Prior to entering into this Lease, Lessee has carefully inspected the Property to Lessee’s satisfaction, and has found the Property to be suitable for Lessee’s intended hunting and fishing activities. Lessee accepts the Property in its present “AS IS” condition, with all faults, dangerous conditions and attributes, whether known to LandRenter or Landowner and/or Lessee or not. LandRenter makes no representation or warranty that any game, fish or fowl are or will be present on the Property during the term of this Lease. Lessee agrees to maintain the Property in its current or better condition during the entire term of the Lease, ordinary wear and tear excepted. Lessee agrees not to create, or allow the creation of any nuisance, or to allow any waste, injury or destruction of or to the Property. Lessee also agrees to maintain the general appearance of the Property, and to keep the Property completely free of garbage, debris, trash, refuse, and all other unsightly or objectionable articles. No mobile homes, trailers, trucks, buses or vehicles of any type are to be left on the Property. Prior to the end of the term of this Lease, Lessee agrees to repair any damage caused to the Property (including, without limitation, filling any pits or holes made upon the Property) and to restore the Property to the condition that it was in at the commencement of the Lease, ordinary wear and tear excepted, all at Lessee's sole cost and expense. None of Lessee's or Lessee's guests’ activities shall damage the Property, damage any personal property on the Property, or render the Property less suitable for any of its proper uses, including, but not limited to, agriculture.
Exclusive. So long as Tenant is open for business and operating in the Demised Premises for the Permitted Use, Landlord agrees not to enter into any lease for space in the Shopping Center expressly granting to any tenant as its primary use the right to operate a residential realty office, at the Shopping Center. This restriction shall not apply to (i) any tenant leasing greater than 5,000 square feet of space in the Shopping Center, (ii) leases in effect at the time of execution of this Lease, (iii) existing tenants and their successors, assigns, or replacement tenants operating under the same or similar use (regardless of size or location within the Shopping Center of such replacement tenant), (iv) any change of use where such occupant had rights to such change of use without Landlord's consent, whether by act or decision of a court of law or otherwise, (v) any parcel of land which is not under Landlord’s ownership and control, (vi) any situation where unenforceable by Governing Law. The obligation of Landlord contained in this Section shall expire upon any default by Tenant of any of the terms, provisions, conditions or covenants of this Lease, including holding over beyond the term of this Lease. Tenant agrees to indemnify and hold harmless Landlord from any and all expenses and damages incurred by Landlord if a suit brought against Landlord alleges that this Section is violative of another tenant’s lease or any applicable law. Tenant shall give Landlord written notice of any alleged breach of this provision, upon which Landlord shall have 60 days to cure any breach. Should any breach of this provision remain uncured upon the expiration of the 60 day cure period, Tenant’s sole remedy shall be to terminate this Lease upon written notice to Landlord within 5 days after the expiration of the 60 day cure period, with such notice containing documentation of a material deterioration of Tenant’s gross sales as a direct result of the alleged violation of this section. Notwithstanding the foregoing, Tenant shall not be entitled to exercise any of the remedies described in this Section so long as Landlord is diligently attempting to cause a violating tenant to cease activity which violates this Section.
Exclusive. LESSOR covenants that it will not permit any person other than the LESSEE to operate a retail grocery, meat, or produce store of any nature in the Shopping Center of which the premises are a part without first obtaining the LESSEE'S prior written consent, so long as there shall be the operation of a food supermarket containing not less than 40,000 square feet within the premises, provided, however, nothing herein shall result in the termination of such exclusive due to a temporary closing for a reasonable period of time, including such a closing as may occur for refurbishing, alterations, repairs in the event of casualty, or transfer of ownership of the supermarket. Notwithstanding the foregoing, LESSEE consents, in advance, to the following uses:
