Exclusives. The FAIR BOARD reserves the right to grant exclusive privileges for certain products. In such case, VENDOR may be prohibited from offering certain products, or required to offer a certain product exclusively, e.g., a certain brand of soft drinks.
Exclusives a. Landlord covenants and agrees that, during the Term and any extensions or renewals thereof, no additional property which Landlord, directly or indirectly, may now or hereafter own or control, and which is contiguous to, or which is within five hundred (500) feet of any boundary of, the Leased Premises, will be used by a grocery, nutritional supplements, and/or produce store excluding incidental sales (the “Exclusive Use”).
b. In the event Landlord violates the Exclusive Use as described above and is unable to cure the same and if such failure continues for thirty (30) days after receipt of notice from Tenant (unless such breach cannot be cured in thirty (30) days and Landlord has commenced action to cure the breach and is diligently attempting to cure the breach), then as Tenant’s exclusive remedy for said Exclusive Use violation by Landlord, Fixed Rent (but not any other sums due from Tenant under this Lease; hereinafter said sums are referred to as “Additional Rent”) shall xxxxx and, in lieu thereof, Tenant will pay one-half (1/2) Fixed Rent (plus Additional Rent), (“Alternative Minimum Rent”) for the period of time during which such violation continues. If any such violation continues for more than eighteen (18) full calendar months after the payment of Alternative Minimum Rent commences (“Correction Deadline”), then Tenant, at its sole discretion, shall have the one-time right to terminate this Lease by giving thirty (30) days written notice of termination delivered to Landlord within thirty (30) days after the Correction Deadline. If Tenant does not timely exercise the aforesaid right to terminate the Lease, then the Fixed Rent shall automatically revert to full Fixed Rent effective as of the expiration of the Correction Deadline. This notwithstanding, in the event another occupant or tenant leasing space violates the Exclusive Use without Landlord’s permission or consent (a “Rogue Tenant”), Tenant shall deliver written notice of such violation to Landlord and Landlord shall endeavor to cause such tenant to cease violation of the Exclusive Use, which may include seeking injunctive relief to enjoin or restrain such tenant from violating the Exclusive Use and provided Landlord has exercised such efforts to cause such Rogue Tenant to cease violation of the Exclusive Use, Landlord shall not be deemed to be in violation of its obligations under this Lease.
c. In the event that Tenant files suit against any party to enforce the foregoing restrictions, La...
Exclusives. To grant to any party the exclusive right to conduct any business or service in the Medical Building provided such exclusive right shall not operate to prohibit Tenant from using the Suite for the purposes permitted hereunder. Landlord may enter upon the Suite and may exercise any or all of the foregoing rights hereby reserved without being deemed guilty of an eviction or disturbance of Tenant's use or possession and without being liable in any manner to Tenant
Exclusives. Throughout the Lease Term and any Extension Terms and, if applicable, continuing so long as Tenant owns any fee simple portion of the Real Property or the Building, neither Landlord nor Foundry Park II shall lease space in Foundry Park to those competitors of Tenant in the packaging business listed on Exhibit H attached hereto (which list is hereby deemed acceptable to Landlord and Foundry Park II) and which list may be amended at reasonable intervals (so long as such amendments do not occur more than once during any five (5) year period) by Tenant from time to time by written notice to Landlord and Foundry Park II so long as such amendment is limited to competitors of Tenant in the packaging business.
Exclusives. From time to time, WFM and certain Product manufacturers or suppliers may agree that a Product provided by such manufacturer or supplier will be sold exclusively to WFM (“Exclusives”). If a new Exclusive Product meets the requirements in Section 3(c), UNFI will purchase and stock Exclusives in inventory and for a period specified by WFM (not to exceed three UNFI Pricing Periods per UNFI DC unless mutually agreed upon by the parties), UNFI will sell the Product only to WFM Locations.
Exclusives. For so long as Tenant is not in default hereunder, and for so long as Tenant occupies and actively conducts its business from the Demised Premises in accordance with the terms of this Lease, Landlord will not lease or rent any other premises in the Office Center described in Exhibit A to any new tenant whose primary business is the operation of a commercial banking facility. Anything contained herein to the contrary notwithstanding, it is expressly understood between the parties that Landlord intends to lease space in the Office Center to a stock brokerage firm which has the right to carry on activities as normally are carried on in such along with the right to include residential and commercial mortgage loan activities. It is further understood between the parties, that for so long as Xxxxx Xxxxxx Realtors, its affiliates, or assigns, are tenants in the 20,000 square foot office building, that the Demised Premises shall not be operated by a Tenant whose primary business is the operation of a residential real estate brokerage office.
Exclusives. A number of lessees and owners at Miramar Park of Commerce have exclusive use rights. Accordingly, Lessee shall not use the Premises for any of the uses described in Exhibit “1”.
Exclusives. Landlord has not and, so long as this Lease shall ---------- be in effect, will not directly or indirectly lease, rent, occupy or permit to be occupied or used any part of the Project, or any other property owned or controlled by Landlord or its Affiliates within a one (1) mile radius of the Leased Premises (other than the Leased Premises) for the purpose of providing merchandise, food, drink, multi-media and/or live or pre-recorded entertainment in connection with a "theme oriented" venue such as "Hard Rock Cafe", "Planet Hollywood", "Harley-Davidson Cafe", "Mo Town Cafe", "Billboard Cafe", and similar operations. This exclusive shall not prohibit the operation of restaurants, retail shops and/or music stores that are not a "theme-oriented" venue similar to the types of operations listed in the immediately preceding sentence, nor shall it prohibit live or recorded incidental or background music in conjunction with the operation of a full service sitdown restaurant not prohibited hereby. In addition, Tenant hereby agrees that the list of proposed uses attached hereto as Exhibit I are not prohibited by the terms of this subparagraph d.i. Tenant --------- ----------------- further agrees that during the Term it shall not make changes to its menu that would (a) violate any exclusive use existing in favor of any other tenant in the Project at that time or (b) result in the Leased Premises being operated primarily as an ethnic restaurant.
Exclusives. Notwithstanding anything to the contrary in the REA, including, without limitation, anything to the contrary in Section 5(c), the Borders Exclusive shall prohibit the use of the New Parcel as a coffeeshop, including, but not limited to, a Starbucks coffeehouse.
Exclusives. Any proposed assignment or subletting by Tenant shall be subject to and limited by any exclusives or superior rights granted by Landlord to other tenants of the Building; and
