No Continuous Operation. Anything in this Lease, express or implied, to the contrary notwithstanding, Landlord agrees that Tenant shall be under no duty or obligation, either express or implied, to continuously conduct its business in the Premises at any time during the Term.
No Continuous Operation. Notwithstanding any provision of this Lease to the contrary, Tenant shall (a) not be required to occupy or to continuously operate the Premises, and Tenant shall have the right to cease operations (whether or not Tenant vacates the Premises) without same constituting a default by Tenant under this Lease provided Tenant continues to pay Rent and perform its other obligations under this Lease, and (b) have the right to remain open for business only on the days and during the hours Tenant determines is commercially practical.
No Continuous Operation. Systematic and continuous occupancy or operation in all or any portion of the Premises before or after Building Hours is not permitted. This includes, but is not limited to, any ongoing twenty-four (24) hour, seven (7) day a week operation or use of the Premises. However, the foregoing portion of this Paragraph 7.4 shall not:
(a) prohibit or limit the continuous operation of data servers or other similar equipment in the Premises; or
(b) prevent late or early hour or all night work that would be typical in the offices of a company similar to Vivint Solar, Inc., including, without limitation, a limited number of employees working all day and all night for a limited number of days when necessary to complete a particular project, and Tenant may have a limited number of technical and customer service employees regularly working after Building Hours in the Premises. To the extent set forth in the immediately preceding sentence, Landlord acknowledges that Tenant’s employees may, from time to time, work in the Premises before and after Building Hours; however, in all events Tenant shall pay to Landlord the cost of any increased security, maintenance, repair (including repair as a result of any after-hours damage), janitorial and similar items resulting from such work within ten (10) business days after receipt by Tenant of an invoice therefor.
No Continuous Operation. Notwithstanding anything contained in this Lease, expressly or impliedly, to the contrary, and notwithstanding the agreement herein contained for the payment by Tenant of rent, it is specifically and expressly understood and agreed that Tenant shall be under no duty or obligation, either express or implied, to open, or thereafter to continuously conduct, its business in the Premises at any time during the Term. Further, Tenant's failure to open for business in the Premises shall not otherwise entitle Landlord to commence or to maintain any action, suit, or proceeding, whether in law or in equity, relating in any way to Tenant's failure to open or thereafter to continuously conduct its business in the Premises. Without limiting the generality of the foregoing, Tenant shall have the right to close two partial days per year to take inventory and shall, at Tenant's option, be closed Thanksgiving Day, Christmas Day, New Years Day, and Easter.
No Continuous Operation. Notwithstanding anything in this Lease to the contrary, nothing herein shall be construed as an obligation for Tenant to open or operate its business in the Premises. Tenant shall have the right to remove Tenant's personal property and cease operations in the Premises at any time and at Tenant's sole discretion. However, the right to cease to operate its business shall not affect Tenant's obligation to pay all amounts due hereunder and to perform all covenants and obligations hereunder. Tenant agrees, at such time it is operating its business in the Premises, to conduct its business in a first-class manner, consistent with reputable business standards and practices.
No Continuous Operation. Tenant shall not be obligated to be open for business; provided, however, that the failure to open for business and/or the cessation of operation of Tenant’s business shall not affect Tenant's obligation to pay all amounts due hereunder and to perform all covenants and 22 Landlord /s/ RS____ CA Lease Revision 8.0 – Torrey Hills Corporate Center Tenant /s/ KA____ Skye Bioscience Lease obligations hereunder, which obligations shall continue unless and until the effective expiration or earlier termination date of this Lease.
No Continuous Operation. Nothing herein shall imply any obligation of Tenant to continuously operate or to remain open for business in the Premises so long as it continues to pay Rent.
No Continuous Operation. Notwithstanding any other provision of this Sublease, but subject to Subtenant's obligation to open the Demised Premises pursuant to Paragraph 6.4, Subtenant does not covenant or agree to any obligation to continuously use or operate the Demised Premises during the Term, and nothing in this Sublease shall be deemed to impose any obligation of continuous use or operation on Subtenant. If a retail business is not being operated at the Demised Premises for a period of ninety (90) consecutive days or more (excluding periods of damage or related repairs), then Sublandlord shall have the right, but not the obligation, to terminate this Sublease upon delivery of written notice to Subtenant ("Sublandlord Termination Notice"), provided said notice is received by Subtenant prior to the recommencement of the operation of a retail business. The termination shall be effective thirty (30) days after receipt of Sublandlord's Termination Notice. Notwithstanding the foregoing, Subtenant shall have the right to nullify Sublandlord's Termination Notice by delivering written notice to Sublandlord ("Subtenant's Reopening Notice") within fifteen (15) days after receipt of Sublandlord's Termination Notice that Subtenant shall reopen for business and Subtenant in good faith does open the Demised Premises for business to the public within ninety (90) days after the delivery of Subtenant's Reopening Notice. This termination right shall not apply during, or with respect to, times when the Demised Premises are untenantable by reason of fire or other casualty.
No Continuous Operation. Systematic and continuous occupancy or operation, such as regularly scheduled shifts, in all or any portion of the Premises before or after Building Hours is not permitted. This includes, but is not limited to, any systematic and continuous twenty-four (24) hour, seven (7) day a week operation or use of the Premises. However, the foregoing portion of this Paragraph 7.4 shall not:
(a) prohibit or limit the continuous operation of data servers or other similar equipment in the Premises; or
(b) prevent late or early hour or all-night work that would be typical in the offices of a company similar to Purple Innovation, LLC, including, without limitation, a customer service center occupying a reasonable portion of the Premises that provides customer support during commercially reasonable hours, and a limited number of employees working all day and all night for a limited number of days when necessary to complete a particular project, and Tenant may have a limited number of technical and customer service employees regularly working after Building Hours in the Premises. To the extent set forth in the preceding sentence, Landlord acknowledges that Tenant’s employees may, from time to time, work in the Premises before and after Building Hours; however, in all events Tenant shall pay to Landlord the cost of any increased security, maintenance, repair (including repair as a result of any after-hours damage), janitorial and similar items resulting from such work within thirty (30) days after receipt by Tenant of an invoice therefor.
No Continuous Operation. The first sentence of Paragraph 7.1 of the Lease is deleted and the following is substituted therefor: Tenant may use the Premises only for multimedia and/or business services, and all other legal uses , and Tenant may not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Notwithstanding anything to the contrary in the Lease, Tenant may vacate all or any portion of the Premises, and shall not be deemed in default under the Lease as a result of such vacation, so long as Tenant is not in default in its Rent or any of its other obligations under the Lease.
