Competing Tenant Sample Clauses

Competing Tenant. In the event that at any time during the Lease Term, (i) Landlord enters into a lease with a tenant in the Shopping Center whose primary use is the retail sale of toys (i.e. more than fifty percent [50%] of the sales Floor Area of the premises, including aisle space, is used for the display of toys) (hereinafter "Competing Tenant"), and such Competing Tenant is open and operating in the Shopping Center; and (ii) Tenant's Gross Sales (as defined in Exhibit B) decrease during the Competing Period (defined as the six [6] consecutive full calendar month period immediately following the opening of the Competing Tenant) over the Reference Period (defined as the same consecutive full calendar six [6] month period in the year preceding said Competing Period) (by way of example, if a Competing Tenant opened in the Shopping Center on December 1, 1998, then the Competing Period would be December 1, 1998, through May 30, 1999, and the Reference Period would be December 1, 1997 through May 30, 1998), based on certified statements of Gross Sales provided by Tenant for the Competing Period and the Reference Period, which Landlord may verify the accuracy hereof, then Tenant shall give Landlord written notice of such Competing Tenant and Landlord shall have sixty (60) days to remedy the situation ("Cure Period"). In the event Landlord has not remedied the situation within the Cure Period, then commencing with the first (1st) full calendar month after the Competing Period and continuing until the earlier of (i) such time as the Competing Tenant ceases operating at the Shopping Center or (ii) the remainder of the Lease Term, Tenant's Minimum Annual Rent shall be decreased by a percentage of the Minimum Annual Rent, as stated in Article 1, equal to the percentage by which Xxxxxx's Gross Sales have decreased during the Competing Period as compared to the Reference Period. By way of example, in the event Tenant's Gross Sales have decreased by thirty percent (30%) during the Competing Period, Tenant's Minimum Annual Rent shall be reduced by thirty percent (30%) and Tenant shall pay as Minimum Annual Rent the amount which is seventy percent (70%) of the amount referenced in Article 1 as Minimum Annual Rent. This reduction of Minimum Annual Rent shall be deemed to be Tenant's sole and exclusive remedy, and said reduction shall in no event be deemed to modify, reduce, or xxxxx Tenant's obligation to pay all other Additional Rent, including Percentage Rent, under the Lease. For the ...
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Related to Competing Tenant

  • Franchisee A “franchisee” is a retailer or distributor who is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of motor fuel.

  • Developer Developer shall construct and complete, in a good and workmanlike manner, the Work for the Guaranteed Maximum Price including any adjustment(s) to the Guaranteed Maximum Price pursuant to provisions herein regarding changes to the Guaranteed Maximum Price. Except as otherwise noted, Developer shall provide and pay for all labor, materials, equipment, permits (excluding DSA), fees, licenses, facilities, transportation, taxes, bonds and insurance, and services necessary for the proper execution and completion of the Work, except as indicated herein.

  • Approved User A user approved by the relevant Data Access Committee(s) to access one or more datasets for a specified period of time and only for the purposes outlined in the Principal Investigator (PI)’s approved Research Use Statement. The Information Technology (IT) Director indicated on the Data Access Request, as well as any staff members and trainees under the direct supervision of the PI are also Approved Users and must abide by the terms laid out in the Data Use Certification Agreement.

  • WORK CLOTHING Two sets of cotton drill protective clothing will be issued to all employees, upon request, within two weeks of commencing work with the Company. Employees will be made aware of these entitlements at the time of employment. A set of clothing will consist of either: • Two pairs of overalls; or • Two combination bib and brace; or • Two pairs of long trousers and two long sleeved shirt; or • Work denims at cost no greater than the above three choices • Clothing and footwear will be replaced on a fair wear and tear basis.

  • Marketing the Property In an effort to properly and efficiently market the Property, the Seller grants the following permissions to the Agency: (Initial ALL That Apply)

  • Contractor If COUNTY elects to renegotiate this Agreement due to reduced or terminated 20 funding, CONTRACTOR shall not be obligated to accept the renegotiated terms.

  • Permitted and Prohibited Uses 1.1. The Data may only be used for linguistic education and research, including but not limited to information retrieval, document understanding, machine translation or speech recognition. 1.2. User shall not publish, retransmit, display, redistribute, reproduce or commercially exploit the Data in any form, except that User may include limited excerpts from the Data in articles, reports and other documents describing the results of User’s linguistic education and research.

  • Tenant Except as otherwise expressly required of Landlord, Tenant shall, at Tenant’s expense, keep and maintain the Premises, including but not limited to all entry doors, damage to entry doors occasioned by theft or vandalism, furnishings, lighting, trade fixtures, above-ground plumbing and conduits beginning at the point of entry into the Premises, windows, glass and plate glass, doors, interior walls and finish work, floor surfaces and floor coverings, sprinkler and fire protection systems (which shall be in good working order as of the Commencement Date and in compliance with all Applicable Laws), and routine maintenance and repairs of the HVAC System (together with replacement of the HVAC System exclusively 23134410.6 servicing the Premises and installed by Tenant), in good and sanitary condition and repair and in compliance with all Applicable Laws. Tenant shall permit no waste, except normal wear and tear. Tenant shall also be responsible for arranging janitorial services for the Premises and the cost thereof. Tenant shall promptly notify Landlord, in writing, of any known defective condition which Landlord is required to repair, and failure to so report such known defects in a commercially reasonable time and manner shall make Tenant responsible to Landlord for any increased liability incurred by Landlord by reason of such failure to report the known defective condition. Any contractor selected by Tenant in connection with the performance of Tenant’s obligations under this Section in or about the Premises or the Building shall require prior written approval of the Landlord which approval shall not be unreasonably withheld, conditioned or delayed, such approval shall require, at a minimum, Lxxxxxxx’s receipt of a Certificate of General Liability Insurance adding the Agent and the Landlord as additionally insured, proof that the contractor is duly licensed and permitted in the municipality where the Premises is located, to the extent such licensing and permitting is required by such municipality, acknowledgment and agreement by the contractor that all work shall be done with good workmanship and in accordance with current building codes and ordinances, and with agreement to adhere to any other reasonable standards imposed by Landlord for the protection and preservation of the Building and Premises.

  • Overstandard Tenant Use If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess utility consumption, the cost of the installation, operation, and maintenance of equipment which is required to be installed in order to supply such excess consumption; and, to the extent no previously installed, Landlord may install devices to separately sub-meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering (or sub-metering) devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Property or the risers or wiring installation; provided, however, Tenant shall have the right, subject to the terms of Article 8, to increase such capacity. Notwithstanding anything to the contrary in this Lease, Tenant may operate the HVAC within the Premises at its discretion; provided, however, if Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall reimburse Landlord for the actual cost of supplying chilled water and gas to the Premises during non-Building Hours at the actual rates charged by the utilities, which cost shall be equitably prorated among all Building occupants (other than the Bank) operating HVAC during the same non-Building Hours. For purposes of an example, Exhibit K, attached hereto, sets forth the calculation of such actual utilities costs, with the actual calculation being subject to the actual rates charged by the utilities. Landlord shall, at its sole cost, as part of the Core and Shell Work, provide a cloud-based software system (Workspeed) to allow Tenant to control Tenant’s after-hours HVAC.

  • End of tenancy 4.6.1 Return possession of the Property at the end of the tenancy in the same good clean state and condition as it was in at the beginning of the tenancy and make good, pay for the repair of, or replace all such items of the fixtures, fittings, furniture and effects as shall be broken, lost, damaged or destroyed during the tenancy (reasonable wear and tear and damage for which the Landlord has agreed to insure excepted). 4.6.2 Return all keys to the Property to the Landlord’s Agent by 12 noon on the last day of the tenancy (or sooner by mutual arrangement). 4.6.3 Pay for the washing (including ironing or pressing) of all the linen and the cleaning (including ironing and pressing where appropriate) of all blankets, bedding, carpets and curtains which have been soiled during the tenancy (reasonable use thereof nevertheless excepted) or arrange the washing and cleaning themselves all at their own expense. 4.6.4 Leave the oven in the same state of cleanliness as it is listed in the inventory. 4.6.5 Leave the fixtures fittings, furniture and effects at the end of the tenancy in the rooms and places in which they were at the beginning of the tenancy. 4.6.6 Remove all rubbish from the Property, except one dustbin or black refuse sack’s worth which may be left in the appropriate place for collection, before returning the Property to the Landlord. 4.6.7 Pay the reasonable costs, reasonably incurred and which cannot be mitigated, if the Tenant fails to keep the appointment to check the inventory at the end of the tenancy and another has to be scheduled. 4.6.8 The Landlord is not liable to compensate the Tenant for any works the Tenant has carried out to the Property, whether carried out with or without the Landlord’s consent, unless the consent to do the works specifically included an agreement to compensate the Tenant.

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