Exceptions to Restrictive Covenant Existing Tenants Sample Clauses

Exceptions to Restrictive Covenant Existing Tenants. Further, the provisions of Section 7.1(b) shall not apply to the existing leases in the Development as described on Exhibit M hereto; provided, if a change of use or an expansion of the premises under any such existing lease requires Landlord s consent, Landlord shall not consent to any change of use or to any expansion of the area of such premises for a use that would violate the restrictions on use set forth in Section 7.1(b), except that the current Cookies by Design space may be leased to a new tenant whose use may be the sale of cupcakes and similar pastries. Original Lease Restrictions-X 7.1.a.v: Tenant shall not use, or allow the use of, the Demised Premises for, and Landlord shall not use, or allow the use of, the Development for any of the Prohibited Uses (herein so called) set forth on Exhibit L attached hereto. EXHIBIT L: 1. any movie theater, bowling alley, dance hall or discotheque; 2. schools of any nature (including, without limitation any cooking school or cooking classes, beauty school, xxxxxx college, reading room, place of instruction, or any other operation serving primarily students or trainees rather than retail customers); 3. any church, synagogue or other religious facility; 4. any gasoline or service station, automotive service or repair business; 5. any facility for the sale, lease or rental of automobiles, trucks, motorcycles, recreational vehicles, boats or other vehicles; 6. any manufacturing facility; 7. any dry cleaner; 8. any retail operation in which more than twenty (20%) percent of the sales area of such operation is used for the display and/or sale of clothing or goods commonly referred to as close outs, manufacturer s overruns, or excess inventory or manufacturer s seconds or imperfect merchandise; 9. any second hand store, used clothing or thrift store, pawn shop, salvation army type store, surplus store or liquidation outlet; 10. any discount retailer (such as, without limitation, dollar stores such as Family Dollar); except for recognized branded concepts (such as Plato s Closet or Once Upon A Child); 11. any mortuary or funeral parlor; 12. any coin operated laundry; 13. any children s recreational, educational or day-care facility; 14. any health club, health spa, fitness center, weight room, gymnasium or the like within two hundred feet (200 ) of the Demised Premises; 15. any medical marijuana dispensary; or 16. any use inconsistent with the customary character of a first-class retail shopping center (such as, with...
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Related to Exceptions to Restrictive Covenant Existing Tenants

  • TENANCIES AND RESTRICTIVE COVENANTS The Property is believed to be and shall be taken to be correctly described and is sold subject to all express conditions, restrictions-in-interest, caveats, leases, tenancies, easements, liabilities, encumbrances and rights, if any, subsisting thereon or thereover without the obligation to define the same respectively and the Purchaser is deemed to have full knowledge thereof.

  • Restrictive Covenant The Employer and the Executive have jointly reviewed the tenant lists, property submittals, logs, broker lists, and operations of the Employer, and have agreed that as an essential ingredient of and in consideration of this Agreement and the payment of the amounts described in Sections 3 and 4 hereof, the Executive hereby agrees that, except with the express prior written consent of the Employer, for a period equal to the lesser of the number of FULL months the Executive has at any time been employed by the Employer or twenty-four (24) months after the termination of the Executive's employment with the Employer (the "Restrictive Period"), he will not directly or indirectly compete with the business of the Employer, including, but not by way of limitation, by directly or indirectly owning, managing, operating, controlling, financing, or by directly or indirectly serving as an employee, officer or director of or consultant to, or by soliciting or inducing, or attempting to solicit or induce, any employee or agent of Employer to terminate employment with Employer and become employed by any person, firm, partnership, corporation, trust or other entity which owns or operates a business similar to that of the Employer (the "Restrictive Covenant"). For purposes of this subparagraph (a), a business shall be considered "similar" to that of the Employer if it is engaged in the acquisition, development, ownership, operation, management or leasing of suburban office property (i) in any geographic market or submarket in which the Employer owns more than 750,000 s.f. of properties either as of the date hereof or as of the date of termination of the Executive's employment. If the Executive violates the Restrictive Covenant and the Employer brings legal action for injunctive or other relief, the Employer shall not, as a result of the time involved in obtaining such relief, be deprived of the benefit of the FULL period of the Restrictive Covenant. Accordingly, the Restrictive Covenant shall be deemed to have the duration specified in this paragraph (a) computed from the date the relief is granted but reduced by the time between the period when the Restrictive Period began to run and the date of the first violation of the Restrictive Covenant by the Executive. In the event that a successor of the Employer assumes and agrees to perform this Agreement or otherwise acquires the Employer, this Restrictive Covenant shall continue to apply only to the primary service area of the Employer as it existed immediately before such assumption or acquisition and shall not apply to any of the successor's other offices or markets. The foregoing Restrictive Covenant shall not prohibit the Executive from owning, directly or indirectly, capital stock or similar securities which are listed on a securities exchange or quoted on the National Association of Securities Dealers Automated Quotation System which do not represent more than five percent (5%) of the outstanding capital stock of any corporation.

  • Affirmative Covenants Until the Commitments have expired or been terminated and the principal of and interest on each Loan and all fees payable hereunder shall have been paid in full and all Letters of Credit shall have expired or terminated and all LC Disbursements shall have been reimbursed, the Borrower covenants and agrees with the Lenders that:

  • Negative Covenants Until the Commitments have expired or terminated and the principal of and interest on each Loan and all fees payable hereunder have been paid in full and all Letters of Credit have expired or terminated and all LC Disbursements shall have been reimbursed, the Borrower covenants and agrees with the Lenders that:

  • Restrictive Covenants The Indenture imposes certain limitations on the ability of the Company and its Restricted Subsidiaries to, among other things, incur additional Indebtedness, make payments in respect of its Capital Stock or certain Indebtedness, enter into transactions with Affiliates, create dividend or other payment restrictions affecting Subsidiaries, merge or consolidate with any other Person, sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its assets or adopt a plan of liquidation. Such limitations are subject to a number of important qualifications and exceptions. The Company must annually report to the Trustee on compliance with such limitations.

  • PLUMBING RESTRICTIONS The following unacceptable plumbing practices are prohibited by State regulations.

  • ACCEPTABLE USE RESTRICTIONS You must:

  • Age Restrictions Drivers must be 21 years of age or over.

  • PROHIBITION ON NON-COMPETE RESTRICTIONS Grantee shall not require any employees or Subcontractors to agree to any conditions, such as non-compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas.

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