Common use of USE AND OCCUPANCY Clause in Contracts

USE AND OCCUPANCY. Tenant shall use the Premises for general office purposes only and all lawful uses ancillary thereto (which shall be deemed to include the operation of a small commercial test kitchen, provided the location of, plans and specifications for, and activities to be conducted within such kitchen shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld) and shall otherwise make no unlawful use of the Premises. With respect to the small commercial test kitchen to be installed in the Premises as part of the Tenant Improvements pursuant to the immediately preceding sentence, such facility must be vented to Landlord’s reasonable satisfaction, and as part of Tenant’s maintenance obligations under Section 5.5 herein, Tenant shall keep the vent apparatus and system maintained in a first-class condition and state of operation throughout the Lease Term. Additionally, in no event shall the Premises, or any portion thereof, be used for the operation of (i) an executive office business where individual suites or offices within the Premises are leased, rented or licensed to individual tenants, renters or licensees, (ii) an office of any federal, state or local governmental entity or organization (provided, a professional governmental non-social service agency (e.g., FBI, Secret Service, FDIC) shall be permitted), (iii) a medical office or facility for the primary purpose of conducting laboratory research and/or treating or otherwise counseling patients, or (iv) any use that is inconsistent with the terms and provisions of the Declaration Documentation, without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Further, Tenant shall not place or affix any sign, name, legend, notice or advertisement of any kind on any part of the Building, except as provided in Section 7.2 herein or elsewhere in this Lease, except for signage in the lobby of the Premises which is not visible from the exterior of the Building and except for name plates for offices and conference rooms, without the prior written approval of Landlord, which Landlord may withhold in its sole discretion. Provided, however, during any portion of the Lease Term when Tenant is leasing from Landlord less than all of the rentable space in the Building, Tenant shall not display any signs or other media in the lobby of the Building for the purpose of advertising Tenant, any product of Tenant or any other entity, event or thing. Regarding any patio, balcony, porch or similar contiguous space outside of the Building (including any balcony, porch or similar contiguous space located outside of the Building that may be attached to and accessible only from the Premises, e.g., exterior balconies accessible only from, and serving only, the Premises), Tenant shall not have the right to place furniture or equipment or any other personal property in such space without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Also, notwithstanding any other provision of this Lease, such space shall not be used for office purposes, but shall be used by Tenant’s employees and visitors only for viewing, relaxing or talking purposes (which may include incidental use of laptop computers on a non-permanent basis); and in no event shall any smoking or other use of tobacco products be permitted on or in any such space. Also, Tenant shall cause its commercial general liability insurance required under this Lease to cover all such spaces.

USE AND OCCUPANCY. Tenant Lessee shall use take good care of said Leased Premises and the Premises for general office purposes only fixtures and all lawful uses ancillary thereto (which shall be deemed to include the operation of a small commercial test kitchen, provided the location of, plans and specifications forimprovements therein, and activities to be conducted within such kitchen shall be subject to Landlord’s prior written approval, such approval will use said Leased Premises during the Term for the purpose above specified and no other; will not to be unreasonably withheld) and shall otherwise make no unlawful use of the Premises. With respect commit waste nor do any act harmful to the small commercial test kitchen to be installed in Buildings or the Premises as part of the Tenant Improvements pursuant to the immediately preceding sentencesystems and equipment therein; will not illegally sell or store therein any spirituous, such facility must be vented to Landlord’s reasonable satisfaction, and as part of Tenant’s maintenance obligations under Section 5.5 herein, Tenant shall keep the vent apparatus and system maintained in a first-class condition and state of operation throughout the Lease Term. Additionally, in no event shall the Premisesmalt or vinous liquors, or any portion thereofnarcotic drugs; will not exhibit, be used sell or offer for sale on said Leased Premises or in the operation Buildings anything whatsoever except such as are essentially connected with the stated use of (i) an executive office business where individual suites said Leased Premises; will not make or offices within the permit any use of said Leased Premises are leasedwhich directly or indirectly, rented is forbidden by ordinance, statute or licensed to individual tenants, renters or licensees, (ii) an office of any federal, state or local governmental entity or organization (provided, a professional governmental non-social service agency (e.g., FBI, Secret Service, FDIC) shall be permitted), (iii) a medical office or facility for the primary purpose of conducting laboratory research and/or treating or otherwise counseling patientsgovernment regulations, or (iv) by any use that is inconsistent restrictions of record, or which may increase the premium cost of, or invalidate, any policy of insurance carried on the Buildings or covering its operation, and will comply with the terms Rules and provisions of Regulations appearing at the Declaration Documentation, without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Further, Tenant shall not place or affix any sign, name, legend, notice or advertisement of any kind on any part of the Building, except as provided in Section 7.2 herein or elsewhere in this Lease, except for signage in the lobby of the Premises which is not visible from the exterior of the Building and except for name plates for offices and conference rooms, without the prior written approval of Landlord, which Landlord may withhold in its sole discretion. Provided, however, during any portion of the Lease Term when Tenant is leasing from Landlord less than all of the rentable space in the Building, Tenant shall not display any signs or other media in the lobby of the Building for the purpose of advertising Tenant, any product of Tenant or any other entity, event or thing. Regarding any patio, balcony, porch or similar contiguous space outside of the Building (including any balcony, porch or similar contiguous space located outside of the Building that may be attached to and accessible only from the Premises, e.g., exterior balconies accessible only from, and serving only, the Premises), Tenant shall not have the right to place furniture or equipment or any other personal property in such space without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Also, notwithstanding any other provision end of this Lease, such space including changes thereto, which Rules and Regulations are made a part hereof by reference. Lessee at Lessee's sole expense shall not comply with all laws, orders and regulations of federal, state, county and municipal authorities and any direction or any public officer or officers, pursuant to law which shall impose any liability, order or duty upon Lessor or Lessee with respect to Lessee's use or occupancy of said Leased Premises. All repairs required to be used for office purposesmade as a result of Lessee's misuse or neglect of said Leased Premises or of damage to, but or defacement of, the Buildings or any part thereof, by reason of Lessee's tenancy therein shall be used made at Lessee's expense except ADA requirements to the exterior building and common areas which shall be complied with by Tenant’s employees Lessor at Lessor's sole cost and visitors only for viewingexpense. Lessee shall give immediate notice to Lessor in case of fire or accident in said Leased Premises or of any defect, relaxing damage or talking purposes (which may include incidental use of laptop computers on a non-permanent basis); and in no event shall any smoking or other use of tobacco products be permitted on injury therein or in any such space. Also, Tenant shall cause its commercial general liability insurance required under this Lease to cover all such spacesfixtures or equipment.

USE AND OCCUPANCY. The Premises shall be used and occupied as business offices and for light assembly and light shipping/receiving for the operation of Tenant's business (the "Permitted Use") and for no other purpose, and Tenant shall use it in a careful, safe, and proper manner, and pay on demand for any damage, including repair of damage, to the Building Complex caused by the use, act or neglect by Tenant, Tenant's agents or employees, or any other person entering upon the Premises under express or implied invitation of Tenant. Tenant shall at its sole cost, comply with all applicable federal, state, city, quasi-governmental and utility provider laws, statutes, ordinances, orders, codes, rules, regulations, zoning restrictions, covenants and restrictions now or hereafter in effect, including the Americans With Disabilities Act ("ADA") and all environmental laws (collectively referred to as "Laws") applicable to Tenant's use, occupancy or alteration of the Premises, and Tenant shall obtain all permits or licenses required for its business conducted at the Premises. Tenant shall not commit waste or permit waste to be committed or cause or permit any unpleasant odor or noise or other nuisance in or from the Premises or on the Building Complex. Tenant shall not use the Premises for general office purposes only and all lawful uses ancillary thereto any use that causes an increase in rates or cancellation of any insurance policy covering the Building Complex. Tenant shall not store, keep, use, sell, dispose of or offer for sale in, upon or from the Premises or the Building Complex any article or substance prohibited by any insurance policy covering the Building Complex or the Premises nor shall Tenant keep, store, produce, dispose of or release on, in or from the Premises or the Building Complex (or allow others to do so) any substance which shall may be deemed an infectious waste, hazardous waste, hazardous or toxic material, or hazardous substance under any Laws (collectively called "Hazardous Materials") except customary office and cleaning supplies stored and used in accordance with Laws. Tenant represents and warrants to include Landlord that it shall not bring onto or allow other to bring any Hazardous Materials onto the operation of a small commercial test kitchen, provided the location of, plans and specifications forBuilding Complex, and activities that it has received no notice or complaint from any governmental authority or third party that the business it intends to be conducted within such kitchen shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld) and shall otherwise make no unlawful use of the Premises. With respect to the small commercial test kitchen to be installed operate in the Premises as part or that any property or materials it intends to keep or allow on the Building Complex or in the Promises is a Hazardous Material or violates any Laws. Tenant shall give prompt notice to Landlord of any such notice or complaint it has received or does receive in the future. Tenant shall pay when due any taxes assessed with respect to Tenant's use or occupancy of the Tenant Improvements pursuant to Premises and Tenant's Property (as defined in Paragraph 11) and any Alterations made by Tenant. Landlord acknowledges that Landlord has received no written notices, complaints or orders of violation or noncompliance with any Law (including the immediately preceding sentence, such facility must be vented to Landlord’s reasonable satisfaction, ADA) and as part of Tenant’s maintenance obligations under Section 5.5 herein, Tenant shall keep the vent apparatus and system maintained in a first-class condition and state of operation throughout the Lease Term. Additionally, in no event shall the Premises, or any portion thereof, be used for the operation of (i) an executive office business where individual suites or offices within the Premises are leased, rented or licensed to individual tenants, renters or licensees, (ii) an office of any federal, state or local governmental entity environmental investigation is pending or, to the best of Landlord knowledge, has been threatened against Landlord with regard to the Building Complex, and the Building Complex has not been used by Landlord nor, to the best of Landlord's knowledge, has the Building Complex ever been used to manufacture, process, distribute, use, treat, store, dispose of, handle or organization (providedtransport any Hazardous Substances in any quantity or manner that violates or gives rise to liability under any Law, a professional governmental non-social service agency (e.g., FBI, Secret Service, FDIC) shall be permitted), (iii) a medical except customary office or facility for and cleaning supplies. Tenant acknowledges that Tenant has inspected the primary purpose of conducting laboratory research and/or treating or otherwise counseling patients, or (iv) any use that is inconsistent with Premises and accepts the terms and provisions of the Declaration Documentation, without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretionPremises. Further, Tenant Operating Expenses shall not place or affix any sign, name, legend, notice or advertisement of any kind on any part of include costs associated with causing the Building, except as provided in Section 7.2 herein or elsewhere in this Lease, except for signage in the lobby of the Premises which is not visible from the exterior Common Areas of the Building Complex to comply with the ADA as it is interpreted and except for name plates for offices and conference rooms, without regulated on the prior written approval of Landlord, which Landlord may withhold in its sole discretion. Provided, however, during any portion of the Lease Term when Tenant is leasing from Landlord less than all of the rentable space in the Building, Tenant shall not display any signs or other media in the lobby of the Building for the purpose of advertising Tenant, any product of Tenant or any other entity, event or thing. Regarding any patio, balcony, porch or similar contiguous space outside of the Building (including any balcony, porch or similar contiguous space located outside of the Building that may be attached to and accessible only from the Premises, e.g., exterior balconies accessible only from, and serving only, the Premises), Tenant shall not have the right to place furniture or equipment or any other personal property in such space without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Also, notwithstanding any other provision of this Lease, such space shall not be used for office purposes, but shall be used by Tenant’s employees and visitors only for viewing, relaxing or talking purposes (which may include incidental use of laptop computers on a non-permanent basis); and in no event shall any smoking or other use of tobacco products be permitted on or in any such space. Also, Tenant shall cause its commercial general liability insurance required under this Lease to cover all such spacesdate hereof.

USE AND OCCUPANCY. Tenant shall use The Unit will be used solely for the Premises for general office purposes only and all lawful uses ancillary thereto (which shall be deemed to include the operation of a small commercial test kitchen, provided the location of, plans and specifications for, and activities to be conducted within such kitchen shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld) and shall otherwise make no unlawful use of the Premises. With respect to the small commercial test kitchen to be installed in the Premises as part of the Tenant Improvements pursuant to the immediately preceding sentence, such facility must be vented to Landlord’s reasonable satisfaction, and as part purpose of Tenant’s maintenance obligations under Section 5.5 herein, Tenant shall keep the vent apparatus residence and system maintained in a first-class condition and state of operation throughout the Lease Term. Additionally, in no event shall the Premises, or any portion thereof, be used for the operation of (i) an executive office business where individual suites or offices within the Premises are leased, rented or licensed to individual tenants, renters or licensees, (ii) an office of any federal, state or local governmental entity or organization (provided, a professional governmental non-social service agency (e.g., FBI, Secret Service, FDIC) shall be permitted), occupied only by the following person: Xxxxx Xxxxxxxxxx and immediate family. No other person may stay overnight in the Unit more than five (iii5) consecutive days nor more than a medical office or facility for the primary purpose total of conducting laboratory research and/or treating or otherwise counseling patients, or four (iv4) days in any use that is inconsistent with the terms and provisions of the Declaration Documentation, thirty (30) day period without Landlord’s prior written consent, consent (which Landlord may withhold be granted or withheld in Landlord’s sole and absolute discretion). FurtherTenant shall not use or allow the Unit to be used for any disorderly or unlawful purposes or in any manner offensive to others, and Tenant shall comply with the Master Declaration, all applicable laws, ordinances, covenants and rules and regulations. Tenant shall not replace any flooring, redecorate, remodel or make any structural changes to the Unit, nor shall Tenant remove or replace any fixtures on or from the Unit. In the event Tenant elects to paint the interior walls, ceilings, and/or doors of the Unit, no prior approval from Landlord shall be required, provided, however, Tenant shall repaint the Unit so that the interior walls, ceilings, and/or doors are in substantially the same color and condition upon the termination of Lease as they were on the Commencement Date. Tenant shall not place damage, destroy or affix commit waste on the Unit, nor permit any signother person to damage, namedestroy or commit waste on the Unit. Under no circumstances shall Tenant drill into or other xxxxxx the window wall system. No nails, legendscrews or adhesive hangers except standard picture hooks, notice shade brackets and curtain rod brackets may be placed in walls, ceilings, woodwork or advertisement of any kind on any part of the BuildingUnit, except as provided in Section 7.2 herein or elsewhere in this and all such picture hooks, shade brackets and curtain rod brackets shall be removed upon the termination of the Lease, except for signage and the Unit returned the condition that existed prior to the installation of said items. PETS OR ANIMALS. No pet or animal shall be kept in the lobby of Unit unless the Premises which “Pet Exhibit” is not visible from the exterior of the Building executed and except for name plates for offices and conference rooms, without the prior written approval of Landlord, which Landlord may withhold in its sole discretion. Provided, however, during any portion of the Lease Term when Tenant is leasing from Landlord less than all of the rentable space in the Building, Tenant shall not display any signs or other media in the lobby of the Building for the purpose of advertising Tenant, any product of Tenant or any other entity, event or thing. Regarding any patio, balcony, porch or similar contiguous space outside of the Building (including any balcony, porch or similar contiguous space located outside of the Building that may be attached to and accessible only from the Premises, e.g., exterior balconies accessible only from, and serving only, the Premises), Tenant shall not have the right to place furniture or equipment or any other personal property in such space without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Also, notwithstanding any other provision of this Lease, such space shall not be used for office purposes, but shall be used by Tenant’s employees and visitors only for viewing, relaxing or talking purposes (which may include incidental use of laptop computers on a non-permanent basis); and in no event shall any smoking or other use of tobacco products be permitted on or in any such space. Also, Tenant shall cause its commercial general liability insurance required under this Lease to cover all such spacesAgreement.

USE AND OCCUPANCY. Tenant agrees that the Leased Premises shall be used and occupied by Tenant only and then only as and for general business offices and uses incidental thereto (including but not limited to a shower room, which may be used by Tenant's officers, employees and guests, but not the general public), and for no other purpose, and Tenant agrees to use and maintain the Leased Premises (excluding for maintenance purposes all Building systems, structural elements, load bearing walls (but including paint or wall coverings on all walls), and core area restrooms] in a clean, careful, safe, and proper manner and to comply with all laws, ordinances, orders, rules, and regulations of all governmental bodies (state, federal, and municipal) applicable or having jurisdiction over Tenant, the Leased Premises, or the assets of Tenant (such laws, ordinances, orders, rules, decisions, and regulations being hereinafter called the "Applicable Laws"). Tenant shall not in any manner deface or injure the Building or the Land or any part thereof or overload the flouts of the Leased Premises. Tenant shall pay on demand for any damage to the Leased Premises or to any other part of the Building or the Land or related improvements or appurtenances caused by any negligence or willful act or any misuse or abuse (whether or not any such misuse or abuse results from negligence or willful act) by the Tenant or any of its agents, employees, licensees, or invitees or any other person (except Landlord, Master Landlord or any of their respective agents, employees, or contractors) not prohibited, expressly or impliedly, by Tenant from entering upon the Leased Premises. Tenant agrees not to use or allow or permit the Leased Premises to be used for any purpose prohibited by any Applicable Law, or by any restrictive covenants applicable to the Building and Land, or as a manned express mail pick up center for such delivery services as Airborne, Federal Express, or for the sale of bakery products for dessert items including cookies, fudge slices, bar type cookies and cakes, cupcakes and brownies, whether said product is sold packaged or unpackaged if such sales would constitute more than ten percent (10%) of Tenant's gross receipts, and Tenant agrees not to commit waste or suffer or permit waste to be committed or to allow or permit any nuisance on or in the Leased Premises. Tenant will not use the Leased Premises for general office lodging or sleeping purposes only and all lawful uses ancillary thereto (which or for any immoral or illegal purposes. Tenant shall be deemed to include the operation of a small commercial test kitchennot at any time sell, provided the location ofpurchase, plans and specifications foror give away, and activities to be conducted within such kitchen shall be subject to or permit, except with Landlord’s 's prior written approval, the sale, purchase, or gift of food in any form by or to any of Tenant's agents or employees or any other parties on the Leased Premises, excluding vending machines, in-house luncheons and other in-house functions where food is served. Tenant will conduct its business and occupy the Leased Premises and will control its agents, employees, licensees, and invitees in such approval a manner so as not to be unreasonably withheld) and shall otherwise make no unlawful use create any nuisance or interfere with, annoy, or disturb any of the Premises. With respect to the small commercial test kitchen to be installed other tenants in the Premises as part of the Tenant Improvements pursuant to the immediately preceding sentence, such facility must be vented to Landlord’s reasonable satisfaction, and as part of Tenant’s maintenance obligations under Section 5.5 herein, Tenant shall keep the vent apparatus and system maintained Building or Master Landlord in a first-class condition and state of operation throughout the Lease Term. Additionally, in no event shall the Premises, or any portion thereof, be used for the operation of (i) an executive office business where individual suites or offices within the Premises are leased, rented or licensed to individual tenants, renters or licensees, (ii) an office of any federal, state or local governmental entity or organization (provided, a professional governmental non-social service agency (e.g., FBI, Secret Service, FDIC) shall be permitted), (iii) a medical office or facility for the primary purpose of conducting laboratory research and/or treating or otherwise counseling patients, or (iv) any use that is inconsistent with the terms and provisions of the Declaration Documentation, without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Further, Tenant shall not place or affix any sign, name, legend, notice or advertisement of any kind on any part of the Building, except as provided in Section 7.2 herein or elsewhere in this Lease, except for signage in the lobby of the Premises which is not visible from the exterior its management of the Building and so as not to injure the reputation of the Building. Tenant shall not use the Leased Premises or allow or permit same to be used in any way or for any purpose that Landlord may deem to be extra hazardous on account of the possibility of fire or other casualty or which will increase the rate of fire or other insurance for the Building or its contents or in respect of the operation of the Building or which may render the Building uninsurable at normal rates by responsible insurance carriers authorized to do business in the State of Texas or which may render void or voidable any insurance on the Building and, in the event that there are increased insurance premiums because of Tenant's use of the Leased Premises, then, in addition to any other remedies Landlord may have hereunder, Tenant shall pay such increase to Landlord within five (5) days of being billed by Landlord therefor. Tenant shall not erect, place, or allow to be placed any sign, advertising matter, stand, booth, or showcase in or upon the doorsteps, vestibules, halls, corridors, doors, walls, windows, or pavement of the Building or the Land (except for name plates for offices lettering on the door or doors to the Leased Premises as allowed by the Rules and conference rooms, Regulations forming a part of this Lease) without the prior written consent of Landlord. It is agreed by Landlord and Tenant that no Rent for the use, occupancy or utilization of the Leased Premises shall be, or is, based in whole or in part on the net income or profits derived by any person from the Building or the Leased Premises, and Tenant further agrees that it will not enter into any sublease, license, concession or other agreement for any use, occupancy or utilization of the Leased Premises which provides for a rental or other payment for such use, occupancy or utilization based in whole or in part on the net income or profits derived by any person from the premises so leased, used, occupied or utilized. Nothing in the foregoing sentence,, however,, shall be construed as permitting or constituting Landlord's approval of Landlordany sublease, which Landlord may withhold in its sole discretion. Providedlicense, howeverconcession, during any portion of the Lease Term when Tenant is leasing from Landlord less than all of the rentable space in the Building, Tenant shall not display any signs or other media use, occupancy, or utilization agreement not otherwise approved by Landlord in accordance with the lobby provisions of the Building for the purpose of advertising Tenant, any product of Tenant or any other entity, event or thing. Regarding any patio, balcony, porch or similar contiguous space outside of the Building (including any balcony, porch or similar contiguous space located outside of the Building that may be attached to and accessible only from the Premises, e.g., exterior balconies accessible only from, and serving only, the Premises), Tenant shall not have the right to place furniture or equipment or any other personal property in such space without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Also, notwithstanding any other provision of this Lease, such space shall not be used for office purposes, but shall be used by Tenant’s employees and visitors only for viewing, relaxing or talking purposes (which may include incidental use of laptop computers on a non-permanent basis); and in no event shall any smoking or other use of tobacco products be permitted on or in any such space. Also, Tenant shall cause its commercial general liability insurance required under this Lease to cover all such spacesParagraph 13 hereof.

USE AND OCCUPANCY. The Premises shall be used and occupied as business offices for the operation of Tenant's business (the "Permitted Use") and for no other purpose, and Tenant shall use it in a careful, safe, and proper manner, and pay on demand for any damage, including repair of damage, to the Building Complex to the extent not covered by insurance proceeds actually received by Landlord, caused by the use, act or neglect by Tenant, Tenant's agents or employees, or any other person entering upon the Premises under express or implied invitation of Tenant. Tenant shall at its sole cost, comply with all applicable federal, state, city, quasi-governmental and utility provider laws, statutes, ordinances, orders, codes, rules, regulations, covenants and restrictions now or hereafter in effect, including the Americans With Disabilities Act ("ADA") and all environmental laws (collectively referred to as "Laws") applicable to Tenant's use, occupancy or alteration of the Premises, and Tenant shall obtain all permits or licenses required for its business conducted at the Premises. Tenant shall not commit waste or permit waste to be committed or cause or permit any unpleasant odor or noise or other nuisance in or from the Premises or on the Building Complex. Tenant shall not use the Premises for general office purposes only and all lawful uses ancillary thereto any use that causes an increase in rates or cancellation of any insurance policy covering the Building Complex. Tenant shall not store, keep, use, sell, dispose of or offer for sale in, upon or from the Premises or the Building Complex any article or substance prohibited by any insurance policy covering the Building Complex or the Premises nor shall Tenant keep, store, produce, dispose of or release on, in or from the Premises or the Building Complex (or allow others to do so) any substance which shall may be deemed an infectious waste, hazardous waste, hazardous or toxic material, or hazardous substance under any Laws (collectively called "Hazardous Materials") except customary office and cleaning supplies stored and used in accordance with Laws. Tenant represents and warrants to include Landlord that it shall not bring onto or allow other to bring any Hazardous Materials onto the operation of a small commercial test kitchen, provided the location of, plans and specifications forBuilding Complex, and activities that it has received no notice or complaint from any governmental authority or third party that the business it intends to be conducted within such kitchen shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld) and shall otherwise make no unlawful use of the Premises. With respect to the small commercial test kitchen to be installed operate in the Premises as part of or that any property or materials it intends to keep or allow on the Tenant Improvements pursuant to Building Complex or in the immediately preceding sentence, such facility must be vented to Landlord’s reasonable satisfaction, and as part of Tenant’s maintenance obligations under Section 5.5 herein, Premises is a Hazardous Material or violates any Laws. Tenant shall keep the vent apparatus and system maintained in a first-class condition and state of operation throughout the Lease Term. Additionally, in no event shall the Premises, or any portion thereof, be used for the operation of (i) an executive office business where individual suites or offices within the Premises are leased, rented or licensed give prompt notice to individual tenants, renters or licensees, (ii) an office Landlord of any federal, state such notice or local governmental entity complaint it has received or organization (provided, a professional governmental non-social service agency (e.g., FBI, Secret Service, FDIC) shall be permitted), (iii) a medical office or facility for does receive in the primary purpose of conducting laboratory research and/or treating or otherwise counseling patients, or (iv) any use that is inconsistent with the terms and provisions of the Declaration Documentation, without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretionfuture. Further, Tenant shall not place pay when due any taxes assessed with respect to Tenant's use or affix any sign, name, legend, notice or advertisement of any kind on any part of the Building, except as provided in Section 7.2 herein or elsewhere in this Lease, except for signage in the lobby occupancy of the Premises which is not visible from the exterior of the Building and except for name plates for offices Tenant's Property (as defined in Paragraph 11) and conference rooms, without the prior written approval of Landlord, which Landlord may withhold in its sole discretion. Provided, however, during any portion of the Lease Term when Tenant is leasing from Landlord less than all of the rentable space in the Building, Tenant shall not display any signs or other media in the lobby of the Building for the purpose of advertising Tenant, any product of Tenant or any other entity, event or thing. Regarding any patio, balcony, porch or similar contiguous space outside of the Building (including any balcony, porch or similar contiguous space located outside of the Building that may be attached to and accessible only from the Premises, e.g., exterior balconies accessible only from, and serving only, the Premises), Tenant shall not have the right to place furniture or equipment or any other personal property in such space without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Also, notwithstanding any other provision of this Lease, such space shall not be used for office purposes, but shall be used Alterations made by Tenant’s employees and visitors only for viewing, relaxing or talking purposes (which may include incidental use of laptop computers on a non-permanent basis); and in no event shall any smoking or other use of tobacco products be permitted on or in any such space. Also, Tenant shall cause its commercial general liability insurance required under this Lease to cover all such spaces.

USE AND OCCUPANCY. (a) Tenant shall agrees to initially open and operate a DSW for the retail sales of shoes and other footwear in the demised premises, fully staffed and stocked and equivalent to other DSW stores operated by Tenant in the State of New York (the “Permitted Use”). Tenant may thereafter change its use to any other lawful retail use, subject to (i) any restriction on use imposed by the Premises Master Lease, (ii) those exclusives and prohibited uses set forth on Exhibit “D”, attached hereto and made a part hereof, which are the exclusives and prohibited uses in effect for general office purposes only the Building as of the date hereof, for so long as and all lawful to the extent said exclusives and prohibited uses ancillary thereto are still in full force and effect, and (which shall iii) exclusives and prohibited uses hereafter granted for tenants leasing more than 20,000 square feet of space elsewhere within the Building, for so long as and to the extent said exclusives are still in full force and effect. Landlord represents and warrants to Tenant that there is no restriction in the OEA, Master Lease or otherwise on the use of the demised premises by Tenant for the Permitted Use. Notwithstanding the foregoing, however, Tenant acknowledges that a claim may be deemed to include asserted under the OEA that a restriction currently exists against the operation of a small commercial test kitchendepartment store or discount department store in the Shopping Center. In the event that such a claim is asserted Landlord shall not be in default of the foregoing representation, provided but nevertheless agrees that it shall indemnify, defend and hold Tenant harmless in the location ofevent that Tenant incurs any loss, plans cost, damage or expense (including reasonable attorney’s fees and specifications for, and activities to expenses) on account of any claim which is or may be conducted within such kitchen shall be subject to Landlordasserted that Tenant’s prior written approval, such approval not to be unreasonably withheld) and shall otherwise make no unlawful use of the Premises. With respect to demised premises for the small commercial test kitchen to be installed Permitted Use is not permitted or is restricted in any material manner by the Premises as part terms of the Tenant Improvements pursuant to the immediately preceding sentence, such facility must be vented to Landlord’s reasonable satisfaction, and as part of Tenant’s maintenance obligations under Section 5.5 herein, Tenant shall keep the vent apparatus and system maintained in a first-class condition and state of operation throughout the Lease Term. Additionally, in no event shall the Premises, or any portion thereof, be used for the operation of (i) an executive office business where individual suites or offices within the Premises are leased, rented or licensed to individual tenants, renters or licensees, (ii) an office of any federal, state or local governmental entity or organization (provided, a professional governmental non-social service agency (e.g., FBI, Secret Service, FDIC) shall be permitted), (iii) a medical office or facility for the primary purpose of conducting laboratory research and/or treating or otherwise counseling patients, or (iv) any use that is inconsistent with the terms and provisions of the Declaration Documentation, without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Further, Tenant shall not place or affix any sign, name, legend, notice or advertisement of any kind on any part of the Building, except as provided in Section 7.2 herein or elsewhere in this Lease, except for signage in the lobby of the Premises which is not visible from the exterior of the Building and except for name plates for offices and conference rooms, without the prior written approval of Landlord, which Landlord may withhold in its sole discretion. Provided, however, during any portion of the Lease Term when Tenant is leasing from Landlord less than all of the rentable space in the Building, Tenant shall not display any signs or other media in the lobby of the Building for the purpose of advertising Tenant, any product of Tenant or any other entity, event or thing. Regarding any patio, balcony, porch or similar contiguous space outside of the Building (including any balcony, porch or similar contiguous space located outside of the Building that may be attached to and accessible only from the Premises, e.g., exterior balconies accessible only from, and serving only, the Premises), Tenant shall not have the right to place furniture or equipment or any other personal property in such space without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Also, notwithstanding any other provision of this Lease, such space shall not be used for office purposes, but shall be used by Tenant’s employees and visitors only for viewing, relaxing or talking purposes (which may include incidental use of laptop computers on a non-permanent basis); and in no event shall any smoking or other use of tobacco products be permitted on or in any such space. Also, Tenant shall cause its commercial general liability insurance required under this Lease to cover all such spacesOEA.

USE AND OCCUPANCY. Tenant During the entire term of this Agreement, as extended, the Bank shall use continuously occupy and operate the Premises for general office purposes only and all lawful uses ancillary thereto (Space solely as a Banking Facility such services or products as are customarily offered by the Bank at its other offices. The Bank shall throughout the term of this Agreement, as extended, maintain banking hours in the Space which shall be deemed are consistent with the banking hours maintained by the Bank or other banking institutions in the community in which the Store is located; with a minimum operating time of 40 hours per week to include Saturdays and holiday schedules as set by Bank policy. Notwithstanding the foregoing, the Bank shall not be required to be open on New Year's Day, Independence Day, Memorial Day, Labor Day, thanksgiving, Christmas, Xxxxxx Xxxxxx Xxxx'x Birthday, or any other day in which the Store is not open for business. The Bank covenants to install, in accordance with the plans and specifications to be approved by Landlord, and continuously maintain and operate an automatic teller machine as part of the operation of the Banking Facility; provided, however, the Bank shall not be required to operate an automatic teller machine solely in the event, despite its good-faith best efforts of obtain regulatory approval, the Bank is unable to secure regulatory approval for the operating of an automatic teller machine in conjunction with its operation of the Banking Facility in the Space. The Bank may, but is not required to, provide loan or safe deposit services at the Banking Facility. So long as the Bank is operating in the Space in accordance with the terms of this Agreement and is not otherwise in default of this Agreement, the Bank shall have the exclusive right to provide or promote retail banking or other depository services in the Store; it being specifically agreed and understood that the foregoing exclusive shall solely apply to the inside of the Store and shall not apply to any property owned by Landlord or any other party located outside of the Store. The Bank's exclusive right hereunder to provide retail banking and other depository services inside the Store shall not limit or restrict the right of the Landlord, or any other operator of the Store or any licensee, consessionaire, or subleasee of the Store, to make change, cash checks, verify checks, arrange for check verification, sell money orders, perform or transact credit or debit card related transactions or the like, or to transact or conduct any other commercial or financial activity or service which it typically transacted or conducted by such parties in the customary conduct of their business operations. The Bank shall maintain and conduct the operation of the Banking Facility in a small commercial test kitchen, provided First-class and proper manner. Bank shall not block or restrict the location of, plans and specifications for, and activities to be conducted within such kitchen aisles or passageways of the Store in any manner. The Bank's operation of the Banking Facility shall be subject to Landlord’s prior written approvalsuch reasonable rules, such approval not regulations, limitations and restrictions as Landlord may from time to be unreasonably withheld) and shall otherwise make no unlawful use time impose, including, without limitation, any rules or regulations restricting the Banking Facility's hours of the Premises. With respect operation to the small commercial test kitchen to be installed same hours in which the Premises as part of the Tenant Improvements pursuant Store is open to the immediately preceding sentencegeneral public. Subject to the Bank's covenants set forth above, such facility must be vented to Landlord’s reasonable satisfaction, and as part of Tenant’s maintenance obligations under Section 5.5 herein, Tenant shall keep the vent apparatus and system maintained nothing in a first-class condition and state of operation throughout the Lease Term. Additionally, in no event shall the Premises, or any portion thereof, be used for the operation of (i) an executive office business where individual suites or offices within the Premises are leased, rented or licensed to individual tenants, renters or licensees, (ii) an office of any federal, state or local governmental entity or organization (provided, a professional governmental non-social service agency (e.g., FBI, Secret Service, FDIC) this Agreement shall be permitted), (iii) a medical office or facility construed as requiring that the Banking Facility be open for business on all days and at all hours that the primary purpose of conducting laboratory research and/or treating or otherwise counseling patients, or (iv) any use that Store is inconsistent with the terms and provisions of the Declaration Documentation, without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Further, Tenant shall not place or affix any sign, name, legend, notice or advertisement of any kind on any part of the Building, except as provided in Section 7.2 herein or elsewhere in this Lease, except open for signage in the lobby of the Premises which is not visible from the exterior of the Building and except for name plates for offices and conference rooms, without the prior written approval of Landlord, which Landlord may withhold in its sole discretion. Provided, however, during any portion of the Lease Term when Tenant is leasing from Landlord less than all of the rentable space in the Building, Tenant shall not display any signs or other media in the lobby of the Building for the purpose of advertising Tenant, any product of Tenant or any other entity, event or thing. Regarding any patio, balcony, porch or similar contiguous space outside of the Building (including any balcony, porch or similar contiguous space located outside of the Building that may be attached to and accessible only from the Premises, e.g., exterior balconies accessible only from, and serving only, the Premises), Tenant shall not have the right to place furniture or equipment or any other personal property in such space without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Also, notwithstanding any other provision of this Lease, such space shall not be used for office purposes, but shall be used by Tenant’s employees and visitors only for viewing, relaxing or talking purposes (which may include incidental use of laptop computers on a non-permanent basis); and in no event shall any smoking or other use of tobacco products be permitted on or in any such space. Also, Tenant shall cause its commercial general liability insurance required under this Lease to cover all such spacesbusiness.

USE AND OCCUPANCY. During the Term of this Lease, the Tenant shall ----------------- have the exclusive right to occupy and use the Leased Premises, subject only to the following exceptions: (a) the Landlord reserves the right to continue to occupy the accounting offices in the Building until August 31, 1996 and (b) the Landlord reserves the right at any time during the Term of the Lease to remove a portion of the Land from the Leased Premises (for general office purposes only and all lawful uses ancillary thereto (which shall be deemed of an independent sale of that removed portion, the development of another building on that removed portion or otherwise) without any adjustment to include the operation of a small commercial test kitchen, Base Rent provided that such removal does not materially interfere with the location of, plans and specifications for, and activities Tenant's access to be conducted within such kitchen shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld) and shall otherwise make no unlawful or use of the Premises. With respect Building and provided that, upon such removal, the Tenant will be relieved of any future responsibility for Additional Rent pertaining to the small commercial test kitchen to be installed in the Premises as part removed portion of the Land. The Leased Premises shall be used by the Tenant Improvements pursuant to for light manufacturing and administrative operations and shall not be used by the immediately preceding sentenceTenant or any other party for any other purposes unless with the prior written consent of the Landlord. The Tenant, such facility must be vented to Landlord’s reasonable satisfactionin its use and occupancy, and as part of Tenant’s maintenance obligations under Section 5.5 herein, Tenant shall keep the vent apparatus and system maintained Leased Premises in a first-class sanitary and safe condition in accordance with the laws of the State of Michigan, and state in accordance with all rules and regulations of operation throughout the Lease Termhealth office, fire marshal, building inspector or other proper officers of the governmental agencies having jurisdiction, at the sole cost and expense of Tenant. AdditionallyThe Tenant, in no event shall its use and occupancy of the Leased Premises, shall comply with all applicable statutes and ordinances pertaining to the Leased Premises. Tenant shall not, at any time or for any portion thereofreason, generate, store, handle or otherwise permit any hazardous materials to be used for the operation of (i) an executive office business where individual suites or offices located within the Premises are leasedLeased Premises. (For such purposes, rented the term "hazardous materials" means any toxic or licensed to individual tenants, renters other hazardous waste or licensees, (ii) an office of substance which is regulated by any federal, state or local governmental entity or organization (providedlaw pertaining to the preservation of the environment and the regulation of environmental contamination.) Tenant shall permit no waste, a professional governmental non-social service agency (e.g., FBI, Secret Service, FDIC) shall be permitted), (iii) a medical office or facility for the primary purpose of conducting laboratory research and/or treating or otherwise counseling patientsdisturbance, or (iv) any use that is inconsistent with nuisance upon or damage or injury to the terms Leased Premises, and provisions at the expiration of the Declaration Documentation, without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Further, tenancy created hereunder Tenant shall not place or affix any signsurrender the Leased Premises in as good condition and repair as they were at the time Tenant took possession, namereasonable wear and tear, legend, notice or advertisement of any kind on any part of the Building, except as provided in Section 7.2 herein or elsewhere in this Lease, except for signage in the lobby of the Premises which is not visible from the exterior of the Building and except for name plates for offices and conference rooms, without the prior written approval of Landlord, which Landlord may withhold in its sole discretion. Provided, however, during any portion of the Lease Term when Tenant is leasing from Landlord less than all of the rentable space in the Building, Tenant shall not display any signs loss by fire or other media in the lobby insured casualty or act of the Building for the purpose of advertising Tenant, any product of Tenant or any other entity, event or thing. Regarding any patio, balcony, porch or similar contiguous space outside of the Building (including any balcony, porch or similar contiguous space located outside of the Building that may be attached to and accessible only from the Premises, e.g., exterior balconies accessible only from, and serving only, the Premises), Tenant shall not have the right to place furniture or equipment or any other personal property in such space without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Also, notwithstanding any other provision of this Lease, such space shall not be used for office purposes, but shall be used by Tenant’s employees and visitors only for viewing, relaxing or talking purposes (which may include incidental use of laptop computers on a non-permanent basis); and in no event shall any smoking or other use of tobacco products be permitted on or in any such space. Also, Tenant shall cause its commercial general liability insurance required under this Lease to cover all such spacesGod excepted.

USE AND OCCUPANCY. The demised premises during the term of this Lease shall be occupied for the operating and conducting therein of a full line-off price department store or any other lawful purpose. Tenant shall use at all times conduct its operations on the Premises for general office purposes only demised premises in a lawful manner and shall, at Tenant's expense, comply with all lawful uses ancillary thereto (laws, rules, orders, ordinances, directions, regulations, and requirements of all governmental authorities, now in force or which may hereafter be in force, which shall be deemed to include the operation of a small commercial test kitchen, provided the location of, plans and specifications for, and activities to be conducted within such kitchen shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld) and shall otherwise make no unlawful use of the Premises. With impose any duty upon Landlord or Tenant with respect to the small commercial test kitchen to be installed in business of Tenant and the Premises as part use, occupancy or alteration of the demised premises. Tenant Improvements pursuant to shall comply with all requirements of the immediately preceding sentence, such facility must be vented to Landlord’s reasonable satisfactionAmericans with Disabilities Act, and as part shall be solely responsible for all alterations within the demised premises in connection therewith. Tenant covenants and agrees that the demised premises shall not be abandoned or left vacant and that only minor portions of Tenant’s maintenance obligations under Section 5.5 herein, Tenant the demised premises shall keep the vent apparatus and system maintained in a first-class condition and state of operation throughout the Lease Term. Additionally, in no event shall the Premises, or any portion thereof, be used for office or storage space in connection with Tenants business conducted in the operation of (i) an executive office business where individual suites or offices within demised premises. Tenant further covenants and agrees that the Premises are leased, rented or licensed to individual tenants, renters or licensees, (ii) an office of any federal, state or local governmental entity or organization (provided, a professional governmental non-social service agency (e.g., FBI, Secret Service, FDIC) demised premises shall be permitted)continuously used and operated, (iii) a medical office or facility occupied and open for business for the primary purpose use permitted herein from at least 9 am. to at least 5 p.m. of conducting laboratory research and/or treating each business day during the term hereof or otherwise counseling patientsas reasonably determined by Landlord. In the event Tenant fails to continuously operate its business from the demised premises in accordance with this Section 18, or (iv) any use that is inconsistent with then Landlord shall have the terms right and provisions of the Declaration Documentationoption, without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Further, Tenant shall not place or affix any sign, name, legend, notice or advertisement of any kind on any part of the Building, except as provided in Section 7.2 herein or elsewhere addition to all other remedies set forth in this Lease, except for signage in the lobby of the Premises which is not visible from the exterior of the Building and except for name plates for offices and conference rooms, without the prior written approval of Landlord, which Landlord may withhold in its sole discretion. Provided, however, during any portion of the Lease Term when Tenant is leasing from Landlord less than all of the rentable space in the Building, Tenant shall not display any signs or other media in the lobby of the Building for the purpose of advertising Tenant, any product of Tenant or any other entity, event or thing. Regarding any patio, balcony, porch or similar contiguous space outside of the Building (including any balcony, porch or similar contiguous space located outside of the Building that may be attached to and accessible only from the Premises, e.g., exterior balconies accessible only from, and serving only, the Premises), Tenant shall not have the right elect to place furniture or equipment or any other personal property in such space without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Also, notwithstanding any other provision of this Lease, such space shall not be used for office purposes, but shall be used by Tenant’s employees and visitors only for viewing, relaxing or talking purposes (which may include incidental use of laptop computers on a non-permanent basis); and in no event shall any smoking or other use of tobacco products be permitted on or in any such space. Also, Tenant shall cause its commercial general liability insurance required under terminate this Lease if such failure to cover all such spacesoperate continues for thirty (30) or more consecutive days.

USE AND OCCUPANCY. Tenant The demised premises during the term of this Sublease shall use be occupied for the Premises for general office purposes only operating and conducting therein of a retail shoe store or any other lawful retail purpose in accordance with the terms of the Master Lease Sublessee shall at all times conduct its operations on the demised premises in a lawful uses ancillary thereto (manner and shall, at Sublessee’s expense, comply with all laws, rules, orders, ordinances, directions, regulations, and requirements of all governmental authorities, now in force or which may hereafter be in force, which shall be deemed to include the operation of a small commercial test kitchen, provided the location of, plans and specifications for, and activities to be conducted within such kitchen shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld) and shall otherwise make no unlawful use of the Premises. With impose any duty upon Sublessor or Sublessee with respect to the small commercial test kitchen to be installed in business of Sublessee and the Premises as part use, occupancy or alteration of the Tenant Improvements pursuant to demised premises. Sublessee shall comply with all requirements of the immediately preceding sentence, such facility must be vented to Landlord’s reasonable satisfactionAmericans with Disabilities Act, and as part shall be solely responsible for all alterations within the demised premises in connection therewith. Sublessee covenants and agrees that the demised premises shall not be abandoned and that only minor portions of Tenant’s maintenance obligations under Section 5.5 herein, Tenant the demised premises shall keep the vent apparatus and system maintained in a first-class condition and state of operation throughout the Lease Term. Additionally, in no event shall the Premises, or any portion thereof, be used for office or storage space in connection with Sublessee’s business conducted in the operation demised premises. Without being in default of this Sublease, Sublessee shall have the right to cease operating (igo dark) an executive office business where individual suites at any time and for whatever reason after the first (1st) sublease Year. Notwithstanding the foregoing, Sublessee’s right to vacate (go dark), shall not release or offices excuse the Sublessee from any obligations or liabilities, including the payment of Rent and other charges, under this Sublease without the express written consent of Sublessor. In the event Sublessee fails to operate for one hundred twenty (120) or more consecutive days, Sublessor shall have the right, effective upon thirty (30) days prior written notice to Sublessee, to terminate the Sublease as Sublessor’s sole remedy, provided that if Sublessee recommences operating fully stocked in substantially all of the premises within the Premises are leasedsuch thirty (30) days, rented or licensed to individual tenants, renters or licensees, (ii) an office of any federal, state or local governmental entity or organization (provided, a professional governmental non-social service agency (e.g., FBI, Secret Service, FDIC) Sublessor’s termination shall be permitted)null and void. In the event Sublessee shall cease operating after the first sublease year, (iii) a medical office or facility for Sublessor’s sole remedy on account thereof shall be limited to the primary purpose of conducting laboratory research and/or treating or otherwise counseling patients, or (iv) any use that is inconsistent with right to elect to recapture the terms premises and provisions terminate the Sublease and to recover from Sublessee the unamortized portion of the Declaration Documentationcosts incurred by Sublessor in performing Sublessor’s Work. Upon payment thereof by Sublessee, without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Further, Tenant there shall not place or affix any sign, name, legend, notice or advertisement of any kind on any part be no further liability of the Building, except as provided in Section 7.2 herein or elsewhere in this Lease, except parties hereunder. Such termination shall be effective upon written notice to Sublessee any time prior to Sublessee reopening for signage business in the lobby of the Premises which is not visible from the exterior of the Building and except for name plates for offices and conference rooms, without the prior written approval of Landlord, which Landlord may withhold in its sole discretionpremises. Provided, however, during any portion in the event Sublessor has not so elected to recapture, Sublessee shall have right to notify Sublessor of the Lease Term when Tenant is leasing from Landlord less than Sublessee’s intention to reopen for business fully stocked in substantially all of the rentable space premises within sixty (60) days, followed by Sublessee’s actually reopening for business in the Buildingpremises within such sixty (60) day period, Tenant which notice and actual reopening shall not display any signs or other media in the lobby of the Building for the purpose of advertising Tenant, any product of Tenant or any other entity, event or thing. Regarding any patio, balcony, porch or similar contiguous space outside of the Building (including any balcony, porch or similar contiguous space located outside of the Building that may be attached to and accessible only from the Premises, e.g., exterior balconies accessible only from, and serving only, the Premises), Tenant shall not have the toll Sublessor’s right to place furniture or equipment or any other personal property in such space without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Also, notwithstanding any other provision of this Lease, such space shall not be used for office purposes, but shall be used by Tenant’s employees and visitors only for viewing, relaxing or talking purposes (which may include incidental use of laptop computers on a non-permanent basis); and in no event shall any smoking or other use of tobacco products be permitted on or in any such space. Also, Tenant shall cause its commercial general liability insurance required under this Lease to cover all such spacesrecapture.

USE AND OCCUPANCY. Tenant shall use agrees that the Leased Premises will be used only for general office purposes only and all lawful uses ancillary thereto for no other purpose (which shall be deemed to include the operation of a small commercial test kitchenunless stipulated in differently in Exhibit C “Special Stipulations”), provided the location of, plans and specifications for, and activities to be conducted within such kitchen shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld) and shall otherwise make that no unlawful use of the Premises. With respect to the small commercial test kitchen to Leased Premises will be installed in the Premises as part of the Tenant Improvements pursuant to the immediately preceding sentence, such facility must be vented to Landlord’s reasonable satisfactionmade, and as part of Tenant’s maintenance obligations under Section 5.5 herein, Tenant shall keep the vent apparatus and system maintained in a first-class condition and state of operation throughout the Lease Term. Additionally, in that no event shall the Premises, sign may be painted or any portion thereof, be used for the operation of (i) an executive office business where individual suites or offices within the Premises are leased, rented or licensed to individual tenants, renters or licensees, (ii) an office of any federal, state or local governmental entity or organization (provided, a professional governmental non-social service agency (e.g., FBI, Secret Service, FDIC) shall be permitted), (iii) a medical office or facility for the primary purpose of conducting laboratory research and/or treating or otherwise counseling patients, or (iv) any use that is inconsistent with the terms and provisions of the Declaration Documentation, without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Further, Tenant shall not place or affix any sign, name, legend, notice or advertisement of any kind displayed on any part of the Building, except as provided that the name and business or profession of Tenant may be posted in Section 7.2 herein or elsewhere an appropriate manner approved in this Lease, except for signage in the lobby of the Premises which is not visible from the exterior of the Building and except for name plates for offices and conference rooms, without the prior written approval of advance by Landlord, which Landlord may withhold in its sole discretion, on or adjacent to the door or doors to the Leased Premises. ProvidedAny such sign shall be provided by Landlord, howeverat Tenant's expense, during payable upon demand. Tenant shall not use or occupy the Leased Premises in any portion manner which would violate any certificate of occupancy issued for the Lease Term when Tenant is leasing from Landlord less than all of the rentable space in Leased Premises, that would cause damage to the Building, Tenant shall not display that would constitute a public or private nuisance, that would disturb the quiet enjoyment of other tenants of the Building, or that would violate any signs law, ordinance, order, rule, regulation, or other media in governmental requirement. Tenant affirmatively covenants and agrees to comply with all laws, ordinances, orders, rules, regulations, and any other governmental requirements relating to the lobby use, condition or occupancy of the Building for Leased Premises, and all rules, orders, regulations and requirements of the purpose board of advertising Tenantfire underwriters or insurance service office, any product of Tenant or any other entity, event or thingsimilar body having jurisdiction over the Building. Regarding any patio, balcony, porch or similar contiguous space outside The cost of such compliance shall be borne by Tenant. Upon the Building (including any balcony, porch or similar contiguous space located outside of the Building that may be attached to and accessible only from the Premises, e.g., exterior balconies accessible only from, and serving only, the Premises), Tenant shall not have the right to place furniture or equipment or any other personal property in such space without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Also, notwithstanding any other provision termination of this Lease, such space shall not be used Tenant will vacate and surrender possession of the Leased Premises to Landlord in as good condition as the Leased Premises were at the commencement of this Lease, normal wear and tear excepted. Landlord disclaims any warranty that the Leased Premises are suitable for office purposes, but shall be used by Tenant’s employees use and visitors only for viewing, relaxing or talking purposes (which may include incidental use of laptop computers on Tenant acknowledges that it has had a non-permanent basis); and full opportunity to make its own determination in no event shall any smoking or other use of tobacco products be permitted on or in any such space. Also, Tenant shall cause its commercial general liability insurance required under this Lease to cover all such spacesregard.