Covenant Against Certain Uses. To the full extent permitted by law and as a condition and inducement to Tenant to enter into this Lease, Landlord agrees that Landlord will not lease, rent, occupy or permit to be occupied any premises in the Center (and any enlargement or expansion thereof) to be used for the operation of a bingo parlor, bar, tavern, cocktail lounge, restaurant, adult book or adult video store (defined for the purposes hereof as a store devoting ten percent (10%) or more of its floor space to offering books and/or video materials for sale or for rent which are directed to or restricted to adult customers due to sexually explicit subject matter or for any other reason making it inappropriate for general use), automotive maintenance or automotive repair facility, warehouse, car wash, pawn shop, check cashing service, establishment selling second hand goods, or flea market, entertainment or recreational facility (including bowling alley) or training or educational facility; for the renting, leasing or selling or displaying therefore of any boat, motor vehicle or trailer; or for industrial purposes. For the purpose hereof, the phrase "entertainment or recreational facility" shall include, without limitation, a movie or live theater or cinema, bowling alley, skating rink, gym, health spa or studio, dance hall, billiard or pool hall, massage parlor, health club, game parlor or bingo parlor or video arcade (which shall be defined as any store containing more than five (5) electronic games). The phrase "training or educational facility" shall include, without limitation, a beauty school, xxxxxx college, reading room, place of instruction or any other operation catering primarily to students or trainees as opposed to customers. Notwithstanding the foregoing, Landlord may lease any premises in the Center for use as a restaurant provided that Landlord complies with the restrictions set forth hereunder in this Section (b). Notwithstanding anything to the contrary contained in this Lease and subject to the provisions of Section above, no part of the Center within four hundred feet (400') of Tenant's Building shall be used as a restaurant (except that one restaurant, sit down type, not to exceed 2,500 square feet shall be permitted, provided, however, any such restaurant use shall not offer liquor, beer or wine for sale).
Appears in 2 contracts
Samples: Lease Agreement (Retail Ventures Inc), Assignment and Assumption of Lease Agreement (Retail Ventures Inc)
Covenant Against Certain Uses. To the full extent permitted by law and as a condition and inducement to Tenant to enter into this Lease, Landlord agrees that Landlord will not lease, rent, occupy or permit to be occupied any premises in the Center (and any enlargement or expansion thereof) to be used for the operation of a bingo parlor, bar, tavern, cocktail lounge, restaurant, adult book or adult video store (defined for the purposes hereof as a store devoting ten percent (10%) or more of its floor space to offering books and/or video materials for sale or for rent which are directed to or restricted to adult customers due to sexually explicit subject matter or for any other reason making it inappropriate for general use), automotive maintenance or automotive repair facility, warehouse, car wash, pawn shop, check cashing service, establishment selling second hand goods, or flea market, entertainment or recreational facility (including bowling alley) or training or educational facility; for the renting, leasing or selling or displaying therefore of any boat, motor vehicle or trailer; or for industrial purposes. For the purpose hereof, the phrase "entertainment or recreational facility" shall include, without limitation, a movie or live theater or cinema, bowling alley, skating rink, gym, health spa or studio, dance hall, billiard or pool hall, massage parlor, health club, game parlor or bingo parlor or video arcade (which shall be defined as any store containing more than five (5) electronic games). The phrase "training or educational facility" shall include, without limitation, a beauty school, xxxxxx collegebarbxx xxxlege, reading room, place of instruction or any other operation catering primarily to students or trainees as opposed to customers. Notwithstanding the foregoing, Landlord may lease any premises in the Center for use as a restaurant provided that Landlord complies with the restrictions set forth hereunder in this Section (b). Notwithstanding anything to the contrary contained in this Lease and subject to the provisions of Section above, no part of the Center within four hundred feet (400') of Tenant's Building shall be used as a restaurant (except that one restaurant, sit down type, not to exceed 2,500 square feet shall be permitted, provided, however, any such restaurant use shall not offer liquor, beer or wine for sale).
Appears in 2 contracts
Samples: Lease Agreement (Value City Department Stores Inc /Oh), Lease Agreement (Value City Department Stores Inc /Oh)
Covenant Against Certain Uses. To the full extent permitted by law and as a condition and inducement to Tenant to enter into this Lease, Landlord agrees that Landlord will not lease, rent, occupy or permit to be occupied any premises in the Center (and any enlargement or expansion thereof) to be used for the operation of a bingo parlor, bar, tavern, cocktail lounge, restaurant, adult book or adult video store (defined for the purposes hereof as a store devoting ten percent (10%) or more of its floor space to offering books and/or video materials for sale or for rent which are directed to or restricted to adult customers due to sexually explicit subject matter or for any other reason making it inappropriate for general use), automotive maintenance or automotive repair facility, warehouse, car wash, pawn shop, check cashing service, establishment selling second hand goods, or flea market, entertainment or recreational facility (including bowling alley) or training or educational facility; for the renting, leasing or selling or displaying therefore of any boat, motor vehicle or trailer; or for industrial purposes. For the purpose hereof, the phrase "entertainment or recreational facility" shall include, without limitation, a movie or live theater or cinema, bowling alley, skating rink, gym, health spa or studio, dance hall, billiard or pool hall, massage parlor, health club, game parlor or bingo parlor or video arcade (which shall be defined as any store containing more than five (5) electronic games). The phrase "training or educational facility" shall include, without limitation, a beauty school, xxxxxx collegebarbxx xxxlege, reading room, place of instruction or any other operation catering primarily to students or trainees as opposed to customers. Notwithstanding the foregoing, Landlord may lease any premises in the Center for use as a restaurant provided that Landlord complies with the restrictions set forth hereunder in this Section (b10(b). Notwithstanding anything to the contrary contained in this Lease and subject to the provisions of Section aboveLease, no part of the Center within four hundred feet (400') of Tenant's Building shall be used as a restaurant (except that one restaurant, sit down type, not to exceed 2,500 square feet shall be permitted, provided, however, any such restaurant use shall not offer liquor, beer or wine for sale).
Appears in 1 contract
Samples: Lease Agreement (Value City Department Stores Inc /Oh)