Covenant to Operate. The Tenant shall throughout the whole of the Term continuously operate, occupy and utilize the entire Premises and conduct its business therein complying strictly with the provisions of this Lease. The Tenant acknowledges that the Landlord is executing this Lease in reliance upon the Tenant’s covenant herein contained and that such covenant is a material element inducing the Landlord to execute this Lease.
Covenant to Operate. The Tenant shall throughout the Term continually operate, occupy and utilize the entire Leased Premises and conduct its business in accordance with the provisions of this Lease. The Tenant acknowledges that the Landlord is executing this Lease in reliance upon this covenant and that it is a material element inducing the Landlord to execute this Lease. The Tenant shall operate and conduct its business upon the whole of the Premises in an up-to-date, first class and reputable manner befitting the character of the Building and shall act diligently and use all proper and reasonable efforts consistent with good business practice. The Tenant agrees not to make any material change in the nature or character of the business carried on by the Tenant in or from the Leased Premises or in the quality of goods and services offered by the Tenant in or from the Leased Premises without the written consent of the Landlord.
Covenant to Operate. Subject to the provisions of Section 5.3 and Section 12.4.2 hereof, commencing on Substantial Completion of the Project Improvements Work and continuing thereafter during the remainder of the Term, Tenant covenants, at Tenant’s sole cost and expense to:
Covenant to Operate. The Parties acknowledge Landlord presently operates a hospital within the Restricted Area for the purpose of furnishing health care and/or wellness services to the general public. If, at any time hereafter, Landlord or Landlord’s successor or assign or another entity ceases to continuously operate a hospital on the Campus for a period in excess of one hundred eighty (180) days, then Tenant shall be released from the use restrictions contained in this ARTICLE 5 and in Sections 7.3 and 7.4 below, and Tenant may engage in any lawful use of the Land and the MOB; provided, however, that such use shall otherwise comply with this Lease. The provisions of the preceding sentence shall not apply to closures during any periods of construction, reconstruction or remodeling undertaken to repair, replace, expand or modify the hospital, or any portion thereof, or to any cessation of hospital operations due to casualty or other force majeure.
Covenant to Operate. Each day during the Term, commencing upon and at all times from and after the Term Commencement Date, Lessee shall operate and have open for business, or cause to be operated and kept open for business, the Hotel as a Luxury Hotel; provided that the foregoing covenant (i) shall be subject to interruptions due to Force Majeure Events and any disruptions pursuant to any Casualty or Appropriation referred to in Section 17 (provided that Lessee shall use all commercially reasonable efforts to mitigate and minimize the impact of any Force Majeure Event, Casualty or Appropriation on the Hotel and the Hotel Business); and (ii) shall be subject to the provisions of Section 11.5(g) with respect to limited temporary closures of certain portions of the Hotel to the extent expressly permitted by Section 11.5(h). In the event that any dispute arises between Lessee and Lessor as to whether the Hotel is being operated at any given time as a Luxury Hotel, such dispute shall, upon the request of either party, be resolved by arbitration pursuant to Section 18.
Covenant to Operate. [The Tenant shall throughout the Term continually operate, occupy and utilize the entire Leased Premises and conduct its business in accordance with the provisions of this Lease. The Tenant acknowledges that the Landlord is executing this Lease in reliance upon this covenant and that it is a material element inducing the Landlord to execute this Lease. - deleted text] [If - added text] the Tenant shall operate and == conduct its business upon the whole of the Premises[, then the Tenant shall do so - added text] in an up-to-date, first class and reputable manner befitting the character of the Building and shall act diligently and use all proper and reasonable efforts consistent with good business practice. The Tenant agrees not to make any material change in the nature or character of the business carried on by the Tenant in or from the Leased Premises or in the quality of goods and services offered by the Tenant in or from the Leased Premises without the written consent of the Landlord[, which consent shall not be unreasonably withheld. - added text]
Covenant to Operate. Commencing on the Commencement Date, and thereafter for the balance of the Term, Tenant hereby covenants that it shall continuously occupy and use the Premises solely for conducting the Permitted Use, as defined herein.
Covenant to Operate. Tenant shall continuously operate the Housing during the Term and shall conduct its business at all times in a respectable, reputable and lawful manner. Notwithstanding the foregoing, for reasonable periods of time, Tenant shall be entitled to temporarily cease operating all or any portion of the Housing during the Term (i) to the extent necessary to repair any damage thereto or destruction thereof, or (ii) to remodel or refurbish any portions thereof. Tenant shall have a commercially reasonable period of time to complete all such repair and remodeling. Tenant shall maintain the Housing in the highest quality and condition consistent with standards for the maintenance and operation of high quality mixed-income affordable multifamily residential housing projects in San Diego, California. Additionally, Tenant shall use commercially reasonable efforts to fully lease the Housing at all times and to do so in accordance with the requirements set forth in this Agreement.
Covenant to Operate. Commencing on the first day after Substantial Completion and continuing thereafter during the remainder of the Term, Tenant covenants, at Tenant’s sole cost and expense (except as otherwise expressly provided herein) (i) to operate the Project Improvements, and cause the same to be operated in accordance with the Permitted Uses and the Operating Standard and (ii) to conduct or cause to be conducted all elements of any Additional Work, as and when applicable, diligently and continuously, subject only to interruptions and delays caused by Excusable Tenant Delay and/or Landlord Delay, and in a manner consistent with the requirements of this Lease.
Covenant to Operate. Notwithstanding anything contained herein to the contrary, Tenant covenants and agrees that it shall continuously operate the Properties (other than the Tenant Retained Parcel) for the Use. Tenant shall have no obligation to conduct any portion of its business in the Tenant Retained Parcel. In the event Tenant elects to remodel or reconstruct any improvements on the Properties, Tenant shall use commercially reasonable efforts to commence and thereafter diligently pursue to completion any such restoration, remodeling, replacement or reconstruction. The aforementioned obligations of Tenant are referred to herein as the “Covenant to Operate.” Tenant shall indemnify, defend, and protect Landlord, and hold Landlord harmless from and against any and all loss, cost, damage, expense, liability (including, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with Xxxxxx’s breach of the Covenant to Operate.
