DELICATESSEN. Landlord will use commercially reasonably efforts to provide a delicatessen in the Building that is available to tenants not later than December 31, 2012, provided that it is able to secure a commitment from an operator for such delicatessen. Landlord covenants and agrees to commence a search to identify a satisfactory operator within thirty (30) days after the execution of this Lease by Landlord and Tenant. Tenant acknowledges that the low occupancy of the Building may delay the commitment from an operator. The size, configuration and location of the delicatessen shall be subject to Landlord's sole discretion except that Landlord agrees it will be consistent in size and prepared foods as is typically found in comparable office buildings in the Market Area. Landlord shall not be obligated to subsidize or finance any food operations in the Buildings nor otherwise underwrite the financial success of the operator's business operations. LANDLORD AND TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE PREMISES ARE SUITABLE FOR TENANT'S INTENDED COMMERCIAL PURPOSE, AND TENANT'S OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT SHALL CONTINUE TO PAY THE RENT, WITHOUT ABATEMENT, SETOFF, DEDUCTION, NOTWITHSTANDING ANY BREACH BY LANDLORD OF ITS DUTIES OR OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR IMPLIED. OFFICE LEASE AGREEMENT/EmCare, Inc. - Page 41
DELICATESSEN. In initially staffing a new delicatessen, the Employer shall first look to Bargaining Unit members for qualified Deli Clerks before hiring new staff. It is understood that existing Meat and Deli Clerks will be canvassed and subject to qualifications, will be given the position of Deli Department Head. While an employee is the designated Deli Operator, a claim against their hours shall not exist. Additional hours shall be offered to Meat and Deli Clerks on a seniority basis. In order to ensure that Delis are staffed by qualified employees, the Employer undertakes to train Meat and Deli Clerks who wish to be scheduled available deli hours. After ratification, the Employer will supply a form letter to each Meat and Deli Clerk where in each employee will be advised whether or not they wish to be given deli training. Subsequently, the form letters will be supplied to the employees upon request. Copies of the completed form letter will be made available to the Union upon request. Training shall be on a seniority basis as well as the scheduling of hours. It is understood, however, that deli hours will be scheduled only to those employees who have been given training or who can perform the work involved without requiring additional training.
