Prompt Occupancy and Use. Tenant will occupy the Premises upon the Commencement Date and thereafter continuously operate and conduct in one hundred percent (100%) of the Premises during each hour of the entire Lease Term when Tenant is required under this Lease to be open for business the business permitted under Section 8.1 hereof, with a full staff and full stock of merchandise, using only such minor portions of the Premises for storage and office purposes as are reasonably required. The parties agree that: Landlord has relied upon Xxxxxx’s occupancy and operation in accordance with the foregoing provisions; because of the difficulty or impossibility of determining Landlord’s damages which would result from Tenant’s violation of such provisions, including but not limited to damages from loss of Percentage Rent from Tenant and other tenants, and diminished saleability, mortgageability and economic value, Landlord shall be entitled to liquidated damages if it elects to pursue such remedy; therefore for any day that Tenant does not fully comply with the provisions of this Section 8.2 the Minimum Annual Rent, prorated on a daily basis, shall be increased by twenty-five percent (25%), such increased sum representing the damages which the parties agree Landlord will suffer by Xxxxxx’s noncompliance. In addition to all other remedies, Landlord shall have the right to obtain specific performance by Tenant upon Xxxxxx’s failure to comply with the provisions of this Section 8.2. Notwithstanding anything contained in the Lease to the contrary, occasional de minimis failures (i.e. a late opening or early closing by no more than thirty (30) minutes each, not to exceed more than two (2) times per consecutive twelve (12) month period) to continuously use and occupy the Premises shall not be deemed a violation of this Section 8.2.
Prompt Occupancy and Use. Tenant shall occupy the Premises upon commencement of the Main Term and thereafter shall continuously occupy and use the Premises for the permitted use as set forth in clause (i) of the Fundamental Lease Provisions ("Permitted Use") and for no other purpose whatsoever without the prior written consent of Landlord. If Tenant vacates the Premises for a period exceeding three (3) consecutive calendar months at any time during the Term, unless due to a Casualty or approved Transfer, Landlord shall have the right (but not the obligation) to terminate this Lease and recapture the Premises, but if Tenant is not otherwise in default under this Lease, Landlord shall not be entitled to recover damages or collect Rent (beyond the date of Landlord's termination) as a result thereof.
Prompt Occupancy and Use. A. Subject to the provisions of Section 8.2 hereof, Tenant covenants and agrees that, continuously and uninterruptedly from and after its initial opening for business, it will operate and conduct within the Premises the business it is permitted to operate and conduct under the provisions of this Lease, except while the Premises are untenantable by reason of fire or other casualty, condemnation, or causes beyond the reasonable control of Tenant and except as is otherwise provided herein. Tenant agrees to conduct its business at all times in a first class manner consistent with reputable business standards, and that it will at all times keep and maintain within and upon the Premises an adequate stock of merchandise and trade fixtures to service and supply the usual and ordinary demands and requirements of its customers and that it will keep the Premises in a neat, clean and orderly condition. Tenant also agrees to conduct Tenant's business under one of the trade names as stated in Section L of the Basic Lease Provisions and for the uses stated in Section L of the Basic Lease Provisions; provided that said tradename may be changed in connection with a change of the concept of Tenant's business upon the Premises, as same may be permitted hereunder. Tenant shall have the right to close the Premises temporarily (hereinafter defined) for the following purposes: (i) remodeling the interior of the Premises, provided, however, that such remodeling is consistent with the provisions of this Lease and its Exhibits, the permitted closing for such remodeling shall not exceed one hundred twenty (120) days and Tenant commences such remodeling work on or before the ninetieth (90th) day after its initial closing for remodeling; (ii) special events, such as weddings or other private parties, provided the permitted closing for such special event does not exceed twenty four (24) hours. Tenant agrees to deliver written notice to Landlord of such temporary closing, and the reason therefor, no later than five (5) days prior to the first date of such temporary closing.
Prompt Occupancy and Use. Tenant shall occupy the Premises upon commencement of the Term and thereafter will continuously use the Premises for the Permitted Use and for no other purpose whatsoever.
Prompt Occupancy and Use. Tenant shall occupy the Premises upon commencement of the Term and thereafter will continuously use the Premises for the Permitted Use and for no other purpose whatsoever; provided that, if the Premises are Ready for Occupancy prior to the Grand Opening Date, Landlord may require Tenant to defer its opening for business until the Grand Opening Date, in which event Tenant shall not be required to pay any Rental until it is permitted to open for business.
Prompt Occupancy and Use. Tenant shall occupy the premises upon commencement of the Term and thereafter will continuously use the premises for the permitted use and for no other purpose or use whatsoever.
Prompt Occupancy and Use. Tenant shall occupy the Premises upon commencement of the Main Term and thereafter shall continuously occupy and use the Premises for the permitted use as set forth in clause (i) of the Fundamental Lease Provisions ("Permitted Use") and for no other purpose whatsoever without the prior written consent of Landlord. If Tenant abandons any portion of the Premises at any time during the Term, then Landlord shall be entitled (but not obligated) to terminate this Lease; provided, that if Tenant is not otherwise in default hereunder, then Landlord shall not be entitled to accelerate Rent or collect any damages beyond the date of termination.
Prompt Occupancy and Use. On the Commencement Date, Tenant shall open and operate its business in the Premises in compliance with the provisions of Sections 8.1 and 8.4 hereof. During the Lease Term, Tenant shall maintain a staff, shall continuously pursue the booking of concerts, events and shows for presentation in the Premises, and shall use its reasonable efforts to present at least seventy-five (75) concerts, events and/or shows in the Premises during each Lease Year. Notwithstanding the previous sentence, Landlord recognizes and agrees that Tenant shall have the sole and exclusive right to determine the number of concerts, events and shows presented in the Premises and that Tenant shall not be deemed to be in default of any of its obligations under this Lease as a result of the failure of Tenant to present at least seventy-five (75) concerts, events and shows in the Premises during any Lease Year.
Prompt Occupancy and Use. Tenant shall occupy the Premises upon the commencement of the Term and thereafter will continuously use the Premises for the Permitted Use and for no other purpose whatsoever; and Tenant further agrees to conduct its business in the Premises under Tenant's professional name or professional name except such as may be first approved by Landlord in writing; and Tenant further agrees that the use is to be for commercial purposes only and may never be used at any time for residential or other purposes.
Prompt Occupancy and Use. Tenant will occupy the premises upon the Commencement Date and thereafter continuously operate and conduct in 100% of the premises during each hour of the entire Lease Term when Tenant is required under this Lease to be open for business the business permitted under Section 8.1 hereof, with a full staff and full stock of merchandise, using only such minor portions of the premises for storage and office purposes as are reasonably required. In addition to all other remedies, Landlord shall have the right to obtain specific performance by Tenant upon Tenant's failure to comply with the provisions of this Section 8.2.
