During the Term of this Lease. During the Term of This Lease, the Ski Facility shall not be used for any purpose except (i) primarily as a ski resort; (ii) for the incidental sale or rental (or both) of skis, snowboards, and ski apparel; (iii) for the retail sale therein of food, beverages and refreshments of the type commonly offered at ski resorts. Notwithstanding anything to the contrary herein, Tenant shall not have the right to use the Leased Premises, or any part thereof, for any use or purpose which is not permitted by, or which results in a violation of, any agreement, covenant or restriction to which the Leased Premises is subject as of the date of this Lease, including the Restrictive Agreements and any other restrictive agreements applicable to the Leased Premises and of which Tenant has been notified in writing by Landlord or of which Tenant has knowledge.
During the Term of this Lease. During the Term of This Lease, the Facility shall not be used for any purpose except (i) primarily as a ski resort [and waterpark/golf course]; (ii) for the incidental sale or rental (or both) of [golf apparel, carts, and equipment and] skis, snowboards, and ski apparel; (iii) for the retail sale therein of food, beverages and refreshments of the type commonly offered at ski resorts [and golf courses/waterparks], collectively the “Permitted Use”). Notwithstanding anything to the contrary herein, Tenant shall not have the right to use the Leased Premises, or any part thereof, for any use or purpose which is not permitted by, or which results in a violation of, any agreement, covenant or restriction to which the Leased Premises is subject as of the date of this Lease, including the Restrictive Agreements and any other restrictive agreements applicable to the Leased Premises and of which Tenant has been notified in writing by Landlord or of which Tenant has knowledge.
During the Term of this Lease. If on the Commencement Date or ----------------------------- at any time during the Term there shall be filed against Tenant in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency of for reorganization or for the appointment of a receiver or trustee or conservator of all or a portion of Tenant's property which is not dismissed within sixty (60) days, this Lease, at the option of Landlord may be canceled and terminated, and in such event, neither Tenant nor any person claiming through or under Tenant or by virtue of any statute or of an order of any court shall be entitled to possession or to remain in possession of the Leased Premises but shall immediately surrender the Leased Premises to Landlord, and Landlord, in addition to exercising the other rights and remedies provided in this Lease or in any statute or rule of law, may retain as damages any Rent, Security Deposit, or moneys received by it from Tenant or others on behalf of Tenant. If on the Commencement Date or at any time during the Term there shall be filed by Tenant in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency of for reorganization or for the appointment of a receiver or trustee or conservator of all or a portion of Tenant's property, or if Tenant makes an assignment for the benefit of creditors, this Lease, at the option of Landlord may be canceled and terminated, and in such event, neither Tenant nor any person claiming through or under Tenant or by virtue of any statute or of an order of any court shall be entitled to possession or to remain in possession of the Leased Premises but shall immediately surrender the Leased Premises to Landlord, and Landlord, in addition to exercising the other rights and remedies provided in this Lease or in any statute or rule of law, may retain as damages any Rent, Security Deposit, or moneys received by it from Tenant or others on behalf of Tenant.
During the Term of this Lease or any Renewal/Extension hereof, Landlord shall maintain and repair the premises, and then only if not brought about by any act of neglect of
During the Term of this Lease. Lessee agrees to indemnify and save Lessor harmless against and form any and all claims by or on behalf of any person(s), firm(s), corporation(s) or any other entity arising from anything whatsoever done in or about the Demised Premises; and Lessee will further indemnify and save Lessor harmless against and from any and all claims arising from the conditions of the Demised Premises, or arising from any breach or default on the part of the Lessee in the performance of any covenant or agreement on the part of the Lessee to be performed pursuant to the terms and conditions of this Lease, or arising from any willful or negligent act or omission of the Lessee or any of its agents, servants or employees, or arising from any accident, injury or damage whatsoever caused to any person(s), firm(s), corporation(s) or any other entity occurring in or about the Demised Premises; and Lessee will further indemnify and save Lessor harmless against and from all costs, counsel fees, expenses and liabilities reasonably incurred in connection with any such claim or action or proceeding brought thereon; and, in case any action or proceeding be brought against the Lessor by reason of any such claim, the Lessee covenants to resist or defend such action or proceeding by counsel, reasonably satisfactory to the Lessor; provided, however, that Lessee's obligation to indemnify Lessor hereunder shall not extend to any matters or occurrences (or their consequences) arising from or associated with any negligent or willful act or omission of Lessor or his agents, servants or employees.
During the Term of this Lease. Tenant shall be entitled to utilize and shall be responsible for maintaining in good working order and repair both that certain existing lighted sign and reader board located on the Premises as well as that existing lighted sign located on the front of the building comprising the Premises. All use of the advertising or signage facilities and equipment provided herein shall be undertaken by Tenant in conformity with the applicable Rules and Regulations identified under Paragraph 36 hereof with all signage plates so utilized by Tenant being subject to the approval of Landlord which approval shall not be unreasonably withheld.
During the Term of this Lease. Tenant shall not: (a) conduct or permit any fire, bankruptcy, auction or "going out of business sale" (whether real or fictitious) in the Premises; (b) use, or permit to be used, the sidewalk adjacent to, or any other space outside the Premises for display, sale or any other similar undertaking; (c) use or permit to be used, any advertising medium, and/or loud speaker, and/or sound amplifier, and/or radio or television broadcast which may be heard outside the Premises; (d) use the plumbing facilities for any purpose other than that for which they were constructed, or dispose of any garbage or other foreign substance therein, whether through the utilization of so-called "disposal" or similar units or otherwise; (e) perform any act or carry on any practice which may damage, mar or deface the Premises or any other part of the Building; (f) operate on the Premises or in any part of the Building any vending machine (other than for food, beverages or candy) or similar device (including, without limitation, pay telephones, pay lockers, pay toilets, scales (except for postage scales) and machines for the sale or dispensing of cigarettes); (g) install any awnings in or on the Premises which are visible to public view outside the Premises, without Owner's prior written approval; (h) install, operate or maintain in the Premises any electrical equipment which will overload the electrical system therein, or otherwise suffer, allow or permit the same to constitute a nuisance or otherwise interfere with the safety, comfort or convenience of Owner or any of the other occupants of the Building or their customers, agents or invitees; (i) suffer, allow or permit the erection or display in, on or from the Premises of any exhibits, banners, decorations, flags, xxxxxxx or any other similar kind or form of description or display without Owner's prior written consent in each instance, except solely that Tenant may display exhibits, banners and decorations within the Premises that are not visible to public view from the exterior of the Building; (j) permit any business to be operated in or from the Premises by any concessionaire or licensee without the prior written consent of Owner in each instance except in accordance with the applicable provisions of Article 49 below; (k) permit any bottled water or other supplies to be delivered to or removed from the Premises by any means other than by the freight elevator; and (1) subject any fixtures or equipment in or on the Premises which...
