Common use of NEGATIVE COVENANTS OF TENANT Clause in Contracts

NEGATIVE COVENANTS OF TENANT. Tenant shall not: (i) permit anything to be done about the Premises which shall be unlawful, improper or contrary to any law, ordinance, regulation, or requirement of any public authority or insurance inspection rating bureau, or similar organization, or which may be injurious to or adversely affect the general character of the Premises or the Building and Lot; (ii) use in or about the Premises any advertising media that may be objectionable to Landlord or other tenants of the Building and Lot, such as, but not limited to, loud speakers, phonographs or radio broadcasts that may be heard outside the Premises; (iii) burn any trash on or near the Premises, or permit any offensive odors to be emitted from the Premises; (iv) overload, damage or deface the Premises; (v) except as otherwise provided herein, place or permit the placing of any signs, lettering awnings, aerials, flagpoles or the like on the exterior of the Premises without on each occasion obtaining the prior written consent of Landlord; (vi) do, or suffer to be done, or keep, or suffer to be kept, or omit to do anything in, upon or about the Premises which may prevent the obtaining of any insurance including, but without limitation, fire, extended coverage, and public liability insurance, on the Premises or any other premises in the Building and Lot or on any property therein, or which may make void or voidable such insurance or which may create any extra premiums for, or increases the rate of, any such insurance. If anything shall be done or kept, or omitted to be done, in, upon or about the Premises which shall create any extra premiums for, or increases the rate of, any such insurance, Tenant will pay the increased cost of the same to Landlord upon demand; (vii) do, or suffer to be done, or keep or suffer to be kept, or omit to do anything in, upon or about the Premises which may prevent Landlord from obtaining, or cause the revocation of, any government license, permit, certificate of right or authority, or other document, necessary for Landlord to operate the Building and Lot. If as a direct or indirect result of Tenant’s business, an addition to or change in the Building and Lot facilities shall be required by law, ordinance, by-law or other governmental regulation, the addition or change shall be installed and paid for entirely by Tenant.

NEGATIVE COVENANTS OF TENANT. Tenant shall notTENANT agrees that it will not do any of the following without the express, specific prior consent in writing of the LANDLORD: (ia) permit anything Use or operate any machinery or equipment that, in LANDLORD’S opinion, is harmful to the building or disturbing to other tenants in the building or the Shopping Center of which the Demised Premises is a part; nor shall TENANT use any loudspeakers, televisions, phonographs, radios or other like or differing devices in a manner so as to be done about heard or seen outside of the Premises which shall Demised Premises, nor use or permit to be unlawfulused, improper or contrary the sidewalks adjacent to any law, ordinance, regulationthe Demised Premises, or requirement any other premises outside of the Demised Premises for the sale or display of any public authority merchandise or insurance inspection rating bureaufor any other business occupation or undertaking; (b) Keep, use, sell, or similar organization, offer for sale in or upon the Demised Premises any article which may be injurious prohibited by law, ordinance or governmental regulation or by the standard form of insurance policy which affords insurance coverage to or adversely affect LANDLORD with respect to the general character of the Premises or the Building and LotShopping Center; (iic) use in or about the Premises any advertising media that may be objectionable to Landlord or other tenants of the Building and Lot, such as, but not limited to, loud speakers, phonographs or radio broadcasts that may be heard outside the Premises; (iii) burn any trash on or near the Premises, or permit any offensive odors to be emitted from the Premises; (iv) overload, damage or deface the Premises; (v) except as otherwise provided herein, place or permit the placing of any signs, lettering awnings, aerials, flagpoles or the like on the exterior of the Premises without on each occasion obtaining the prior written consent of Landlord; (vi) doDo, or suffer to be done, any act, manner or keepthing objectionable to the fire insurance companies whereby the fire insurance or any other insurance now in force or hereafter to be placed on the Demised Premises or any part thereof, or on the building or Shopping Center of which the Demised Premises is a part shall become void or suspended, or whereby the same shall be rated at a more hazardous risk than at the date when TENANT received possession hereunder; in case of a breach of this covenant, in addition to all other remedies of LANDLORD hereunder, TENANT agrees to pay to LANDLORD as additional rent any and all increase or increases or premiums on insurance carried by LANDLORD on the Demised Premises, or any part thereof, and on the building and Shopping Center of which the Demised Premises is a part, caused in any way by the occupancy or use of TENANT; (d) Commit or suffer to be keptcommitted any waste upon the Demised Premises or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the Demised Premises may be located, or omit in the Shopping Center, or which may disturb the quiet enjoyment of any person within five hundred feet of the boundaries of the Shopping Center; (e) Allow any cuts or penetration in the roof, canopy or walls of the Demised Premises; TENANT being responsible for the cost of repairs to do anything the roof, canopy or walls because of openings, cuts or roof penetrations by TENANT or TENANT’S contractors even though TENANT first obtained LANDLORD’S prior written consent thereto; (f) Attach any antenna or other projections to the roof or the outside walls of the Demised Premises of the building or Shopping Center of which the Demised Premises is a part; TENANT being responsible for the cost of repairs to the roof, canopy or walls because of openings, cuts or roof penetrations by TENANT or TENANT’S contractors even though TENANT first obtained LANDLORD’S prior written consent thereto; (g) Erect or maintain an awning or other device protecting against the sun or the elements; however, TENANT agrees, upon obtaining prior written consent of LANDLORD as to such erection or maintenance, that it will at its own expense keep such awning or device in good condition and repair and that it will replace or recover the same whenever, in LANDLORD’S opinion, it shall become shabby or unattractive in appearance; (h) Paint or decorate any part of the exterior of the Demised Premises and TENANT agrees to remove promptly upon order of LANDLORD any paint or any such decoration which has been applied to or installed upon the exterior of the Demised Premises or to take such other action with reference thereto as LANDLORD may direct; (i) Conduct any auction, fire, bankruptcy, liquidation, going-out-of-business, selling-out or like sale in, upon on or about the Demised Premises which may prevent (but this provision shall not restrict the obtaining absolute freedom of such occupant to determine its own selling prices nor shall it preclude the conduct of periodic seasonal, promotional or clearance sales); (j) Execute or deliver any insurance security agreement or financing statement or otherwise create any security interest in any trade fixtures, fixtures or equipment or other property placed in or on the Demised Premises at any time; (k) Solicit business or distribute any handbills or other advertising matter in the common areas of the Shopping Center including, but without limitation, firesidewalks, extended coveragepedestrian walkways, and public liability insuranceparking areas and lots; or use, on or permit to be used, the Premises common Area, or Sidewalks adjacent to such occupant’s space, or any other premises in outside such space, for the Building and Lot sale or on display of any property thereinmerchandise or for any other business, occupation or undertaking (except for activities sponsored by any Promotional Services Association). (l) Operate a pool room, an arcade, vending machines, pinball machines, or which may make void electronic games or voidable such insurance or which may create any extra premiums forsimilar devices, or increases operate a massage parlor, a store dealing in sexually oriented material or entertainment, a store selling or permitting the rate ofuse of illegal drugs or drug paraphernalia, any such insurance. If anything shall be done or kept, or omitted to be done, in, upon or about within the Premises which shall create any extra premiums for, or increases the rate of, any such insurance, Tenant will pay the increased cost of the same to Landlord upon demand;Demised Premises. (viim) do, Use or suffer to be done, or keep or suffer to be kept, or omit to do anything in, upon or about permit the Premises use of any portion of their respective Buildings for any activity of a type which may prevent Landlord from obtaining, or cause the revocation of, any government license, permit, certificate is not generally considered appropriate for a first-class community shopping center conducted in accordance with good and generally accepted standards of right or authority, or other document, necessary for Landlord to operate the Building and Lot. If as a direct or indirect result of Tenant’s business, an addition to or change in the Building and Lot facilities shall be required by law, ordinance, by-law or other governmental regulation, the addition or change shall be installed and paid for entirely by Tenantoperation.

NEGATIVE COVENANTS OF TENANT. Tenant shall will not: (ia) permit anything to be done about damage the Premises which shall be unlawful, improper Leased Space or contrary to any law, ordinance, regulation, or requirement of any public authority or insurance inspection rating bureau, or similar organization, or which may be injurious to or adversely affect the general character other part of the Premises or the Building and LotBuilding; (iib) use bring into or permit to be kept in the Leased Space any dangerous, explosive, or about the Premises any advertising media that may be objectionable to Landlord or other tenants of the Building and Lot, such as, but not limited to, loud speakers, phonographs or radio broadcasts that may be heard outside the Premisesobnoxious substances; (iiic) burn any trash on have property of substantial size or near the Premises, quantity delivered to or permit any offensive odors to be emitted removed from the Premises; (iv) overload, damage or deface the Premises; (v) except as otherwise provided herein, place or permit the placing of any signs, lettering awnings, aerials, flagpoles or the like on the exterior of the Premises Leased Space without on each occasion obtaining the prior written consent of first making arrangements satisfactory to Landlord; (vid) dobring into the Leased Space or use any furniture or equipment that might be harmful thereto or harmful or unreasonably annoying to others in the Building; (e) conduct itself or permit its agents, servants, employees or invitees to conduct themselves in a manner that in Landlord’s judgment reasonably exercised is improper or unsafe; (f) manufacture any commodity or prepare or dispense any food or beverages in the Leased Space, except for consumption in the Leased Space by Tenant, its employees or invitees; (g) do or suffer to be done, any act, matter or keepthing objectionable to the fire insurance companies or Board of Underwriters whereby the fire insurance or any other insurance now in force or hereafter to be placed on the Leased Space or the Building or Center shall become void or suspended, or suffer whereby the same shall be rated as a more hazardous risk than at the Commencement Date. Tenant agrees to be keptpay to Landlord as Additional Rent, any and all increases in premiums for insurance carried by Landlord on the Leased Space, or omit on the Building, caused in any way by the occupancy of Tenant. (h) violate or fail to do anything incomply, upon at Tenant’s sole cost and expense, with all laws,ordinances, notices, orders, rule, regulations and requirements affecting the Leased Space and the Building (collectively “Laws”), all manufacturer’s instructions and all requirements of insurers, which relate to the treatment, production, storage, handling, transfer, processing, transporting, use, disposal and release of hazardous substances, hazardous mixtures, chemicals, pollutants, petroleum products, toxic or about radioactive matter at the Premises which may prevent the obtaining of any insurance Leased Space by Tenant, or Tenant’s agents, contractors, licensees or invitees; or (i) violate or fail to comply, at Tenant’s sole cost and expense, with all Laws (including, but without limitation, firethe Americans With Disabilities Act), extended coveragewhich impose any duty upon Landlord or Tenant with respect to Tenant’s particular use or occupancy (as opposed to general occupancy thereof by any tenant) or alteration of, Tenant’s installations in or upon the Leased Space and the Building, and public liability insurancethe Rules and Regulations attached hereto, on as amended by Landlord from time to time. Compliance with the Premises foregoing may require Tenant to make alterations or any other premises improvements, in a manner so as to comply with the Building and Lot or on any property thereinrequirements of Section 9, or which may make void or voidable such insurance or which may create any extra premiums forprovided however, or increases the rate of, any such insurance. If anything that Tenant shall not be done or kept, or omitted to be done, in, upon or about the Premises which shall create any extra premiums for, or increases the rate of, any such insurance, Tenant will pay the increased cost required by virtue of the foregoing to perform alterations to the footings, foundations, structural steel columns and girders forming a part of the Building. Such alterations may be performed by Landlord at Tenant’s expense if the need for the same to Landlord upon demand; (vii) do, or suffer to be done, or keep or suffer to be kept, or omit to do anything in, upon or about the Premises which may prevent Landlord from obtaining, or cause the revocation of, any government license, permit, certificate of right or authority, or other document, necessary for Landlord to operate the Building and Lot. If as a direct or indirect result arises out of Tenant’s businessparticular use or occupancy (as opposed to general occupancy thereof by any tenant) or alteration of the Leased Space or Building, an addition to or change in the Building and Lot facilities shall be required by lawany act or omission of Tenant or any of Tenant’s agents, ordinancecontractors, by-law licensees or other governmental regulation, the addition or change shall be installed and paid for entirely by Tenantinvitees.

NEGATIVE COVENANTS OF TENANT. Tenant shall not: (i) use sidewalks outside the entrance to the Leased Premises to display or sell merchandise or otherwise obstruct the same; (ii) permit anything to be done about the Leased Premises which shall be unlawful, improper or contrary to any law, ordinance, regulation, or requirement of any public authority or insurance inspection rating bureau, or similar organization, or which may be injurious to or adversely affect the general character of the Leased Premises or the Building Center, or without limiting the Generality of the foregoing, which would involve the sale, rental or use of pornographic merchandise or services, adult entertainment or any other use that would adversely impact the reputation of the Center as a shopping center suitable for families and Lot;children. (iiiii) use in or about the Leased Premises any advertising media that may be objectionable to Landlord or other tenants of the Building and LotCenter, such as, as but not limited to, loud speakers, phonographs or radio broadcasts that may be heard outside the Leased Premises; (iiiiv) burn construct, maintain, use or operate within the Leased Premises or elsewhere in the Center (or on the outside of the Center) any facility, equipment or machinery which produces light, music, sound, noise, odor or vibration which is audible, visible or discernable beyond the interior of the Leased Premises if in Landlord's reasonable opinion same interferes with the operation of the Center or any occupant's use of the Center; nor shall Tenant permit any act or thing upon the Leased Premises, the effect of which shall be to disturb the normal sensibilities and peaceful occupancy of other tenants or their employees or invitees. (v) deliver or remove any freight except over service roadways and in accordance with such reasonable rules and regulations as may be made by Landlord; (vi) bum any trash on or near the Leased Premises, or permit any offensive odors to be emitted from the Leased Premises; (ivvii) overload, damage or deface the Leased Premises; (vviii) except as otherwise provided herein, place or permit the placing of any signs, lettering awnings, aerials, flagpoles or the like on the exterior of the Leased Premises without on each occasion obtaining the prior written consent of Landlord; (viix) do, or suffer to be done, or keep, or suffer to be kept, or omit to do anything in, upon or about the Leased Premises which may prevent the obtaining of any insurance including, including but without limitation, fire, extended coverage, and public liability insurance, on the Leased Premises or any other premises in the Building and Lot Center or on any property therein, or which may make void or voidable such insurance or which may create any extra premiums for, or increases increase the rate of, any such insurance. If anything shall be done or kept, or omitted to be done, in, upon or about the Leased Premises which shall create any extra premiums for, or increases increase the rate of, any such insurance, Tenant will pay the increased cost of the same to Landlord upon demand; (viix) do, or suffer to be done, or keep or suffer to be kept, or omit to do anything anything, in, upon or about the Leased Premises which may prevent Landlord from obtaining, obtaining or cause the revocation of, any government license, permit, certificate of right or authority, or other document, necessary for Landlord to operate the Building and LotCenter including, but not limited to, government requirements related to the capacity of the septic system in the Center. If as a direct or indirect result of Tenant’s 's business, an addition to or change in the Building and Lot Center facilities shall be required by law, ordinance, by-law or other governmental regulation, the addition or change chance shall be installed and paid for entirely by Tenant; (xi) cause any hazardous or toxic wastes, substances materials or oil, as same or any related term may be defined in any federal or state law or regulation (collectively. "HAZARDOUS MATERIALS") to be used, generated, stored or disposed of on, under or about, or transported to or from, the Premises (collectively, "HAZARDOUS MATERIALS ACTIVITIES") without first receiving, Landlord's written consent, which may be withheld for any reason, conditioned as Landlord deems appropriate, and revoked at any time. In no event shall Landlord be liable to Tenant in connection with any Hazardous Materials Activities by Tenant, Tenant's employees, agents, contractors, licensees of invitees, whether or not consented to by Landlord, nor shall Tenant be relieved of liability as a result of any such consent. Tenant shall indemnify, defend with counsel acceptable to Landlord and hold Landlord harmless from and against any claims, damages, costs and liabilities arising out of Tenant's Hazardous Materials Activities. Tenant shall immediately notify Landlord both by telephone and in writing, of any spill or unauthorized discharge of Hazardous Materials or of any condition constituting, an "imminent hazard" under applicable law.