After the Commencement Date the Tenant shall not apply any wall covering (except latex based flat paint) or other treatment to the walls of the Leased Premises without the prior written consent of the Landlord.
After the Commencement Date. Operator shall be responsible for --------------------------- transporting and/or disposing Hazardous Materials off the Facility Site in compliance with applicable Laws and shall be responsible for all Environmental Claims directly or indirectly related to or arising out of the actual or alleged generation, use, collection, storage, recovery, removal, discharge or disposal of Hazardous Materials at the Project and/or adjacent areas other than in compliance with applicable Laws arising after the Commencement Date except to the extent that such generation, use, collection, storage, recovery or removal is due to the negligence or intentional misconduct of Owner. Subject to the provisions of Section 9.4 Operator shall defend, indemnify and hold Owner and each Owner Indemnified Party harmless against all such Environmental Claims for which Operator is responsible.
After the Commencement Date. If for any reason Tenant shall suffer a loss of its required Permits and Approvals including through State revocation as described in the CAR, Tenant shall immediately in writing notify Landlord and shall immediately cease all marijuana grow/processing business operations and activities in and at the Premises which otherwise are permitted by this Lease until such time as the lost and/or revoked Permits and Approvals have been re-secured and reasonably evidenced to Landlord. In addition:
After the Commencement Date. Landlord’s Consultant (as such term is defined in Section 16.06 of this Article) shall have the right to make a survey (hereinafter called the Initial Survey) of the Demised Premises, indicating the lighting load, office equipment and electrical usage of Tenant as of the date of the Initial Survey. Based upon the Initial Survey, Landlord’s Consultant shall compute the value to Tenant of the estimated electrical service to be furnished to Tenant for the succeeding twelve (12) month period (hereinafter called the Initial Electrical Value), which computation shall be made utilizing the higher of (i) the service classification under which Landlord is billed by the utility company for such electrical service or (ii) the service classification under which Tenant would be billed by the utility company if Tenant purchased such electrical service directly from such utility company. Landlord’s Consultant shall notify Landlord and Tenant of his computation of the Initial Electrical Value (which shall be binding upon both parties). In the event that the Initial Electrical Value shall be greater than the Initial Electricity Factor, then the fixed rent herein reserved and the Electricity Factor shall each be adjusted, retroactive to the Commencement Date, by adding thereto an amount equal the amount by which the Initial Electrical Value exceeds the Initial Electrical Factor.
After the Commencement Date and during the entire Term, Lessee shall use or cause to be used the Leased Property as a New York Bagel Cafe restaurant or other restaurant (the particular such use to which the Leased Property is put at any particular time is herein referred to as the "Primary Intended Use"). Lessee shall not use the Leased Property or any portion thereof for any other use without the prior written consent of Lessor, which consent shall not be unreasonably withheld or delayed.
After the Commencement Date. Tenant shall not make or permit any Alterations in, on or about the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, in no event shall any Alterations (i) affect the exterior of the Building or the outside areas (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant's Agents in the construction of any Alterations permitted hereunder. All Alterations made by Tenant shell be and become the property of Landlord upon the installation thereof and shall not be deemed Tenant's Personal Property; provided, however, that Landlord may, at its option, require that Tenant, upon the termination of this Lease, at Tenant's expense, remove any or all non-structural Alterations installed by or on behalf of Tenant and return the Premises to its condition as of the Commencement Date of this Lease, normal wear and tear excepted. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or on behalf of Tenant (including without limitation by Landlord on behalf of Tenant) to the Premises.
After the Commencement Date. Tenant shall not make or permit any Alterations in, on or about the Premises, except for nonstructural Alterations not exceeding Ten Thousand Dollars ($10,000.00) in cost, without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent shall not be unreasonably withheld. Notwithstanding the foregoing Tenant shall not, without the prior written consent of Landlord, make any:
After the Commencement Date. Landlord and Tenant, promptly upon the request of either of them, will execute and deliver to each other a certificate in recordable form setting forth the Commencement Date.
After the Commencement Date. BHI shall neither use nor permit to be used the Leased Property or any part thereof for any purpose which would cause the cancellation of any insurance policy covering the Hospital or any part thereof, nor shall BHI sell or permit to be kept, used or sold in or about the Leased Property any article which may be prohibited by the standard form of fire insurance policies. BHI shall, at its sole cost, comply with all of the requirements pertaining to the Leased Property of any insurance organization or company necessary for the maintenance of said insurance.
After the Commencement Date. Tenant shall have a Right of First Offer for any space which Landlord knows or reasonably anticipates will become available in the Building (the “Other Space”), subject and subordinate to existing rights held by tenants of Other Leased Premises provided that, at the time of the exercise of the Right of First Offer, the Tenant shall not be in default under the terms and provisions of this Lease.
6.4.1.1. If Other Space will become available for a term to begin during the first eighteen (18) months of the Initial Term, Landlord shall offer the Other Space to Tenant on the following terms: (i) the term of the lease for the Other Space shall be coterminous with the Initial Term, (ii) the Basic Rent per rentable square foot shall be the same as the Basic Rent per rentable square foot being paid from time to time for the Leased Premises, and (iii) Landlord shall provide an allowance of $35 per rentable square foot in the Other Space multiplied by a fraction whose numerator is the number of whole months remaining in the first ten years of the Initial Term and whose denominator is 120.
6.4.1.2. If Other Space will become available for a term to begin after the first eighteen (18) months of the Initial Term, Landlord shall notify Tenant in writing of the terms on which Landlord proposes to lease the Other Space including, without limitation, when the number of rentable square feet in the Other Space and the term of the proposed lease. The Basic Rent per rentable square foot shall be the FMV of the Other Space but not less than $22 per gross rentable foot. Tenant shall notify Landlord in writing within five (5) business days after Tenant’s receipt of the offer as to whether or not Tenant elects to lease the Other Space.
6.4.1.3. In either case, if Tenant either notifies Landlord that Tenant does not wish to lease the Other Space, or Tenant fails to notify Landlord of its intentions within such five (5) day period, then Tenant’s Right of First Offer shall cease as to such space and Landlord may lease such space without giving Tenant any further notice thereof.
