AFFIRMATIVE COVENANTS OF TENANT. Tenant covenants and agrees:
14.1.1 Without limiting the obligations of Tenant under Section 13 hereinabove, to comply with the requirements of any constituted public authorities, and with the terms of any state or federal statute or local ordinance or regulation applicable to Tenant or its use of the Demised Premises.
14.1.2 To give to Landlord prompt notice of any accident, fire, or damage occurring in or to the Demised Premises.
14.1.3 To keep the Demised Premises sufficiently heated to prevent freezing of water in pipes and fixtures.
14.1.4 To conduct its business in the Demised Premises in a diligent and dignified manner and to keep the Demised Premises in good condition in accordance with Tenant's normal standards for similar facilities it occupies.
14.1.5 Immediately to remove and discharge any charge, lien, security interest or encumbrance upon the Demised Premises or upon any Fixed Rent, additional rent or other sums payable hereunder which arises for any reason, including, without limitation, all liens which arise out of the possession, use, occupancy, construction (after the Commencement Date), repair or rebuilding of the Demised Premises or by reason of labor or materials furnished or claimed to have been furnished to Tenant or for the Demised Premises, but not including (i) this Lease and any assignment hereof or any sublease permitted hereunder, and (ii) any mortgage, charge, lien, security interest or encumbrance created or caused by Landlord or its agents, employees, or representatives without the consent of Tenant. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor, of any labor or services, or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof, Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding an interest in the Demised Premises or any part thereof through or under Tenant, and that no mechanic's or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in and to the Demised Premises.
14.1.6 Tenant shall timely perform all duties and obligations imposed on it under this Lease and shall notify Landlord in the event of its nonperformance or defaul...
AFFIRMATIVE COVENANTS OF TENANT. Tenant covenants and agrees that it will without demand:
AFFIRMATIVE COVENANTS OF TENANT. Xxxxxx agrees to:
(a) pay all rent as specified in paragraph 1(a), (b) and (p) on the dates due. Tenant must also pay any collection fees or legal expenses Landlord incurs in collecting rents which the Tenant does not pay in a timely manner;
(b) pay a late charge if he or she fails to pay rent in a timely manner. The late charges will begin to run after 5:00 p.m. after the due date. The Landlord may take legal action for collection of the rent and/or evict Tenant from the apartment if rent payments still have not been made by 5:00
AFFIRMATIVE COVENANTS OF TENANT. Tenant shall:
AFFIRMATIVE COVENANTS OF TENANT. Tenant, jointly and severally if more than one, hereby covenants with Landlord as follows:
(A) to pay any Additional Rent as aforesaid; SALE OF 00 XXXXXXXXXX XXXXXXX Page-17 --------------------------------------------------------------------------------
(B) to keep the Premises in good order; and
(C) to surrender the peaceful and quiet possession of the Premises at the end of the term or any short period, broom clean and in as good condition as when received (normal wear and tear and damage from insured events excepted).
AFFIRMATIVE COVENANTS OF TENANT. Tenant covenants and agrees that it will without demand:
(a) Comply with all requirements of any governmental authorities which apply to Tenant’s use of the Premises;
(b) Comply with the reasonable rules and regulations from time to time made by Landlord for the safety, care, upkeep and cleanliness of the Premises, the Building and the Land. Tenant agrees that such rules and regulations shall, when written notice thereof is given to Tenant, form a part of this Lease;
(c) Keep the Premises in good order and condition, excepting only ordinary wear and tear and damage by accidental fire or other casualty;
(d) Peaceably deliver up and surrender possession of the Premises to Landlord at the expiration or sooner termination of this Lease, in the Same condition in which Tenant has agreed to keep the Premises during the term of this Lease, and promptly deliver to Landlord at its office all keys for the Premises;
(e) Give to Landlord prompt written notice of any accident, fire or damage occurring on or to the Premises within twenty-four (24) hours of occurrence thereof;
(f) Give to Landlord a copy of any written notice concerning the Premises within twenty-four (24) hours of Tenant’s receipt thereof; and
(g) To the extent reasonably possible, cause its employees and visitors to park their cars only in those portions of the parking area as may be designated for that purpose by Landlord, and not use or permit the use of any more designated parking spaces in the parking area than are permitted in Paragraph 1 herein.
(h) Promptly upon request of Landlord’s Lender, deliver to Landlord’s lender copies of Tenant’s annual financial statements for the past two (2) years.
AFFIRMATIVE COVENANTS OF TENANT. Tenant shall:
(i) pay the Base Rent and Additional Rent and all other sums due from Tenant to Landlord at the time and in the manner provided for in this Lease, without offset, setoff or deduction for any reason whatsoever;
(ii) procure all licenses and permits which may be required for any use made of the Premises;
(iii) abide by reasonable rules and regulations made from time to time by Xxxxxxxx and provided in advance in writing to Tenant and applied uniformly to all tenants;
(iv) pay, as they become due and payable, Xxxxxx’s Pro Rata Share of water and sewer charges; and
(v) Xxxxxx agrees to comply with all mandatory and voluntary energy conservation controls and requirements applicable to office buildings that are imposed or instituted by the Federal, State or local governments, including without limitation, controls on the permitted range of temperature settings in office buildings, and requirements necessitating curtailment of the volume of energy consumption or the hours of operation of the building. Any terms or conditions of this Lease that conflict or interfere with compliance with such controls or requirements shall be suspended for the duration of such controls or requirements. It is further agreed that Landlord’s compliance with such controls or requirements shall not be considered an eviction, actual or constructive, of the Tenant from the Premises and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder.
AFFIRMATIVE COVENANTS OF TENANT. Tenant covenants and agrees that Tenant will:
(a) At any time and from time to time, execute, acknowledge and deliver to Landlord, or to any lender or prospective purchaser designated by Landlord, a tenant estoppel certificate in the form attached hereto as Exhibit F within ten (10) days of receipt of Landlord’s request accompanied by such certificate. If Tenant fails to timely execute and deliver to Landlord the estoppel certificate in the form attached hereto as Exhibit F and such failure continues for five (5) days after written notice from Landlord, Tenant shall be in default under this Lease without any further notice or opportunity to cure. Tenant agrees that the terms of this Lease shall supersede any inconsistent provisions contained in the estoppel certificate; and
(b) Faithfully observe and comply with the rules and regulations attached hereto as Exhibit C and such additional reasonable rules and regulations as Landlord hereafter at any time or from time to time may communicate in writing to Tenant, and which, in the reasonable judgment of Landlord, shall be necessary or desirable for the reputation, safety, care or appearance of the Building, or the preservation of good order therein, or the operation or maintenance of the Building, or the equipment thereof; provided, however, that (i) in the case of any conflict between the provisions of this Lease and any such rule or regulation, the provisions of this Lease shall control and (ii) such additional rules and regulations shall not materially interfere with Tenant’s use of the Premises. Nothing contained in this Lease shall be construed to impose upon Landlord any duty or obligation to enforce the rules and regulations or the terms, covenants or conditions in any other lease as against any other tenant, and Landlord shall not be liable to Tenant for violation of any rule or regulation by any other tenant, its employees, agents, visitors, invitees, subtenants or licensees; provided, however, that all rules and regulations shall be enforced in a consistent and non-discriminatory manner.
AFFIRMATIVE COVENANTS OF TENANT. Xxxxxx agrees at all times during the Term of this Lease:
12.1. To comply with any and all requirements of any constituted public authorities, and with the terms of any State or Federal statutes or local ordinances or regulations applicable to Tenant for its use of the Demised Premises, including, without limitation, the Americans with Disabilities Act, and defend, indemnify and save Landlord harmless from penalties, fines, costs, expenses or damages resulting from failure to do so.
12.2. To give to Landlord prompt written notice of any accident, fire or damage occurring on or to the Demised Premises and/or common areas or common facilities of the Shopping Center.
12.3. To keep the Demised Premises sufficiently heated to prevent freezing water in pipes and fixtures. Tenant, at Tenant's sole cost and expense, shall maintain and keep in good order, condition and repair (including replacement, if necessary) including, without limitation, all plumbing and sewage facilities within the Demised Premises, including free flow up to the main sewer line, fixtures, heating, ventilation and air conditioning and electrical systems, sprinkler system, walls, floor and ceilings.
12.4. To keep the Demised Premises open for business to the public seven (7) days in each week, opening by at least ten o'clock A.M., prevailing time, each morning and remaining open each night until nine o'clock P.M. and Sundays opening by at least twelve noon and remaining open until at least five o'clock P.M., and such additional hours as may become the standard (or temporary during holidays and holiday seasons) as maintained by a majority of the tenants in the Shopping Center. Failure to keep the Demised Premises open for business in accordance herewith shall constitute a default under this Lease.
12.5. To keep all display windows, if any, exterior signs and exterior advertising displays adequately illuminated (during such hours as the Landlord may prescribe. In any event, Tenant shall keep such illumination in effect until ten o'clock P.M. prevailing time each day.
12.6. To keep the Demised Premises, including store fronts, vestibules, entrances, sidewalks, walkways, ramps, doors, fixtures, windows and plate glass in a safe, neat and clean condition at all times.
12.7. To remove regularly from the Demised Premises, at Tenant's sole cost and expense, all trash, refuse and waste materials and until removal, to store the same in adequate containers within the Demised Premises or as Landlord shall...
AFFIRMATIVE COVENANTS OF TENANT. TENANT AGREES:
A. TO COMPLY WITH ANY AND ALL REQUIREMENTS OF ANY PUBLIC AUTHORITIES, AND WITH THE TERMS OF ANY STATE OR FEDERAL STATUTE OR LOCAL ORDINANCE OR REGULATION APPLICABLE TO TENANT OR ITS USE OF THE DEMISED PREMISES, AND SAVE LANDLORD HARMLESS FROM PENALTIES, FINES, COSTS, EXPENSES OR DAMAGES RESULTING FROM FAILURE TO DO SO.
B. TO GIVE TO LANDLORD PROMPT WRITTEN NOTICE OF ANY ACCIDENT, FIRE BURGLARY, THEFT OR DAMAGE OCCURRING ON OR TO THE DEMISED PREMISES.
C. THAT ALL LOADING AND UNLOADING OF GOODS SHALL BE RESTRICTED TO THE REAR OF THE SHOPPING CENTER AND ONLY AT SUCH TIMES IN THE AREAS AND THROUGH SUCH ENTRANCES AS MAY BE DESIGNATED FOR SUCH PURPOSES BY THE LANDLORD. TRAILERS OR TRUCKS SHALL NOT BE PERMITTED TO REMAIN PARKED OVERNIGHT IN ANY AREAS OF THE SHOPPING CENTER, WHETHER LOADED OR UNLOADED.
D. TO KEEP ALL GARBAGE AND REFUSE IN THE KIND OF CONTAINER SPECIFIED BY LANDLORD AND TO PLACE THE SAME OUTSIDE OF THE DEMISED PREMISES, PREPARED FOR COLLECTION IN THE MANNER AND AT THE TIMES AND PLACES SPECIFIED BY LANDLORD AND IN ACCORDANCE WITH MUNICIPAL REGULATIONS.
E. TO KEEP THE OUTSIDE AREAS IMMEDIATELY ADJOINING THE DEMISED PREMISES CLEAN, AND NOT TO BURN, PLACE OR PERMIT ANY RUBBISH, OBSTRUCTION OR MERCHANDISE IN SUCH AREAS.
F. TO KEEP DEMISED PREMISES CLEAN, ORDERLY, SANITARY AND FREE FROM OBJECTIONAL ODORS AND FROM INSECTS, VERMIN AND OTHER PESTS.
G. TO REQUIRE TENANT'S EMPLOYEES TO PARK THEIR CARS ONLY IN THOSE PORTIONS OF THE PARKING AREA DESIGNATED FOR THAT PURPOSE BY LANDLORD. IF TENANT OR TENANT'S EMPLOYEES VIOLATE THIS PROVISION, THE TENANT AGREES TO PAY LANDLORD FIVE ($5.00) DOLLARS PER DAY PER CAR FOR THE VIOLATION.
H. TO CONDUCT ITS BUSINESS IN THE DEMISED PREMISES IN ALL RESPECTS IN A DIGNIFIED MANNER AND IN ACCORDANCE WITH HIGH STANDARDS OF STORE OPERATION.
I. TO COMPLY WITH ALL REASONABLE RULES AND REGULATIONS OF LANDLORD IN EFFECT AT THE TIME OF THE EXECUTION OF THIS LEASE OR AT ANY TIME OR TIMES, AND FROM TIME TO TIME PROMULGATED BY LANDLORD, AS LANDLORD IN ITS SOLE DISCRETION SHALL DEEM NECESSARY IN CONNECTION WITH THE DEMISED PREMISES, THE BUILDING OF WHICH THE DEMISED PREMISES ARE A PART, OR THE SHOPPING CENTER, INCLUDING THE INSTALLATION OF SUCH FIRE EXTINGUISHERS AND OTHER SAFETY EQUIPMENT AS LANDLORD MAY REASONABLY REQUIRE.
J. TENANT SHALL KEEP THE DEMISED PREMISES AND THE IMPROVEMENTS THEREON AT ALL TIMES DURING THE TERM HEREOF FREE OF MECHANIC'S AND MATERIALMEN'S LIENS AND OTHER LIENS OF LIKE NATURE AND AT ALL TIMES SHA...
