Common use of OCCUPANCY AND USE BY TENANT Clause in Contracts

OCCUPANCY AND USE BY TENANT. A. Tenant acknowledges that its continued occupancy of the demised premises, and the regular conduct of its business therein, are of utmost importance to the Landlord in the renewal of other leases in the building, in the renting of vacant space in the building, in the providing of electricity, air conditioning, steam and other services to the tenants in the building, and in the maintenance of the character and quality of the tenants in the building. Tenant therefore covenants and agrees that it will occupy the entire demised premises, and will conduct its business therein in the regular and usual manner, throughout the term of this lease. Tenant acknowledges that Landlord is executing this lease in reliance upon these covenants, and that these covenants are a material element of consideration inducing the Landlord to execute this lease. Tenant further agrees that if it vacates the demised premises or fails to so conduct its business therein, at any time during the term of this lease, without the prior written consent of the Landlord, then all rent and additional rent reserved in this lease from the date of such breach to the expiration date of this lease ,hall become immediately due and payable to Landlord. B. The parties recognize and agree that the damage to Landlord resulting from any breach of the covenants in subdivision (A) hereof will be extremely substantial, will be far greater than the rent payable for the balance of the term of this lease, and will be impossible of accurate measurement The parties therefore agree that in the event of a breach or threatened breach of the said covenants, in addition to all of Landlord's other rights and remedies, at law or in equity or otherwise, Landlord shall have the right of injunction to preserve Tenant's occupancy and use. The words "become vacant or deserted" as used elsewhere in this lease shall include Tenant's failure to occupy or use as by this Article required C. If Tenant breaches either of the covenants in subdivision (A) above, and this lease shall be terminated because of such default, then, in addition to Landlord's right of reentry, restoration, preparation for and, rerental, and anything elsewhere in this lease to the contrary notwithstanding, Landlord shall retain its right to judgment on and collection of Tenant's aforesaid obligation to make a single payment to Landlord of a sum to the total of all rent and additional rent reserved for the remainder of the original term of this lease, subject to future credit or repayment to Tenant in the event of any rerenting of the premises by Landlord, after first from rerental income all expenses incurred by Landlord in reducing to judgment or otherwise collecting Tenant aforesaid obligation, and in obtaining possession of restoring, preparing for and re-letting the premises. In no event shall Tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original term of this lease. D. Tenant shall not obstruct or permit the obstruction of the light, halls, areas, roof, stairway or entrances to the building, and will not affix, erect or inscribe any signs, projections, awnings, signals or advertisements of any kind to any part of the premises including the inside or outside of the windows or doors thereof and will not paint the outside of the doors thereof or the inside or outside of the windows thereof unless and until the style, size, color, construction and location thereof have been approved in writing by Landlord. Landlord shall have the right to withdraw such approval at any time and to require Tenant to remove any such signs, projections, awnings, signals or advertisements. Landlord also reserves to itself the sole right to designate the person, firm or corporation which shall do the work of lettering and erecting of any and all signs to be affixed to the premises or the building. In the event that said work is done by Tenant through any person, firm or corporation, other than that designated by Landlord, Landlord is hereby given the right to remove said signs without being liable to Tenant by reason thereof and to charge the cost of so doing to Tenant as additional rent payable on the first day of the next following month, or at Landlord's option, on the first day of any subsequent month.

OCCUPANCY AND USE BY TENANT. A. Tenant acknowledges that its continued occupancy of the demised premises, and the regular conduct of its business therein, are of utmost importance to the Landlord in the renewal of other leases in the building, in the renting of vacant space in the building, in the providing of electricity, air conditioning, steam and other services to the tenants in the building, and in the maintenance of the character and quality of the tenants in the building. Tenant therefore covenants and agrees that it will occupy the entire demised premises, and will conduct its business therein in the regular and usual manner, throughout the term of this lease. Tenant acknowledges that Landlord is executing this lease in reliance upon these covenants, and that these covenants are a material element of consideration inducing the Landlord to execute this lease. Tenant further agrees that if it vacates the demised premises or fails to so conduct its business therein, at any time during the term of this lease, without the prior written consent of the Landlord, then all rent and additional rent reserved in this lease from the date of such breach to the expiration date of this lease ,hall shall become immediately due and payable to Landlord. B. The parties recognize and agree that the damage to Landlord resulting from any breach of the covenants in subdivision (A) paragraph A hereof will be extremely substantial, will be far greater than the rent payable for the balance of the term of this lease, and will be impossible of accurate measurement measurement. The parties therefore agree that in the event of a breach or threatened breach of the said covenants, in addition to all of Landlord's other rights and remedies, at law or in equity or otherwise, Landlord shall have the right of injunction to preserve Tenant's occupancy and use. The words "become vacant or deserted" as used elsewhere in this lease shall include Tenant's failure to occupy or use as by this Article required. C. If Tenant breaches either of the covenants in subdivision (A) paragraph A above, and this lease shall be terminated because of such default, then, in addition to Landlord's right of reentry, restoration, preparation for and, and rerental, and anything elsewhere in this lease to the contrary notwithstanding, Landlord shall retain its right to judgment judgement on and collection of Tenant's aforesaid obligation to make a single payment to Landlord of a sum equal to the total of all rent and additional rent reserved for the remainder of the original term of this lease, subject to future credit or repayment to Tenant in the event of any rerenting of the demised premises by Landlord, after first deducting from rerental income all expenses incurred by Landlord in reducing to judgment or otherwise collecting Tenant Tenant's aforesaid obligation, and in obtaining possession of restoring, preparing for and re-letting the demised premises. In no event shall Tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original term of this lease. D. Tenant shall not obstruct or permit the obstruction of the light, halls, areas, roof, stairway or entrances to the building, and will not affix, erect or inscribe any signs, projections, awnings, signals or advertisements of any kind to any part of the demised premises including the inside or outside of the windows or doors thereof and will not paint the outside of the doors thereof or the inside or outside of the windows thereof unless and until the style, size, color, construction and location thereof have been approved in writing by Landlord. Landlord shall have the right to withdraw such approval at any time and to require Tenant to remove any such signs, projections, awnings, signals or advertisements. Landlord also reserves to itself the sole right to designate the person, firm or corporation which shall do the work of lettering and erecting of any and all signs to be affixed to the demised premises or the building. In the event that said work is done by Tenant through any person, firm or corporation, other than that designated by Landlord, Landlord is hereby given the right to remove said signs without being liable to Tenant by reason thereof and to charge the cost of so doing to Tenant as additional rent payable on the first day of the next following month, or at Landlord's option, on the first day of any subsequent month.

OCCUPANCY AND USE BY TENANT. A. Tenant acknowledges that its continued occupancy 26.01 If this Lease is terminated because of the demised premisesTenant’s default hereunder, then, in addition to Landlord’s rights of re-entry, restoration, preparation for and rerental, and the regular conduct of its business therein, are of utmost importance anything elsewhere in this Lease to the Landlord in the renewal of other leases in the buildingcontrary notwithstanding, in the renting of vacant space in the building, in the providing of electricity, air conditioning, steam all Rent and other services to the tenants in the building, and in the maintenance of the character and quality of the tenants in the building. Tenant therefore covenants and agrees that it will occupy the entire demised premises, and will conduct its business therein in the regular and usual manner, throughout the term of this lease. Tenant acknowledges that Landlord is executing this lease in reliance upon these covenants, and that these covenants are a material element of consideration inducing the Landlord to execute this lease. Tenant further agrees that if it vacates the demised premises or fails to so conduct its business therein, at any time during the term of this lease, without the prior written consent of the Landlord, then all rent and additional rent Additional Rent reserved in this lease Lease from the date of such breach to the scheduled expiration date of this lease ,hall become Lease shall become, at Landlord’s option, immediately due and payable to Landlord. B. The parties recognize Landlord and agree that the damage to Landlord resulting from any breach of the covenants in subdivision (A) hereof will be extremely substantial, will be far greater than the rent payable for the balance of the term of this lease, and will be impossible of accurate measurement The parties therefore agree that in the event of a breach or threatened breach of the said covenants, in addition to all of Landlord's other rights and remedies, at law or in equity or otherwise, Landlord shall have the right of injunction to preserve Tenant's occupancy and use. The words "become vacant or deserted" as used elsewhere in this lease shall include Tenant's failure to occupy or use as by this Article required C. If Tenant breaches either of the covenants in subdivision (A) above, and this lease shall be terminated because of such default, then, in addition to Landlord's right of reentry, restoration, preparation for and, rerental, and anything elsewhere in this lease to the contrary notwithstanding, Landlord shall retain its right to judgment on and collection of Tenant's ’s aforesaid obligation to make a single payment to 26 Landlord of a sum equal to the total of all rent and additional rent reserved amount by which the Rent for the remainder period which otherwise would have constituted the unexpired portion of the original term Term exceeds the then fair and reasonable rental value of this leasethe Premises for the same period, subject both discounted to future credit or repayment present worth at the Prime Rate less the aggregate amount of any monthly amounts theretofore collected by Landlord pursuant to Tenant the provisions of Section 6.01 hereof for the same period. Notwithstanding the foregoing, in the event of any rerenting a termination of this Lease by reason of Tenant’s default hereunder, and regardless of whether Landlord exercises the premises by Landlordforegoing option described in this Section 26.01, after first Landlord shall be entitled to recover from rerental income Tenant all expenses incurred by Landlord in reducing to judgment or otherwise collecting Tenant aforesaid obligation, and in obtaining possession of restoring, preparing for and the Premises and/or re-letting the premisesPremises (or any portion thereof), including legal expenses and fees, brokerage fees, the cost of restoring such space to the condition required by this Lease, and the cost of all alterations and decoration reasonably deemed necessary by Landlord to effect such re-letting and to obtain a fair and reasonable rental value in connection therewith. In no event shall Tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original term of this leaseTerm. D. Tenant shall not obstruct or permit the obstruction of the light, halls, areas, roof, stairway or entrances to the building, and will not affix, erect or inscribe any signs, projections, awnings, signals or advertisements of any kind to any part of the premises including the inside or outside of the windows or doors thereof and will not paint the outside of the doors thereof or the inside or outside of the windows thereof unless and until the style, size, color, construction and location thereof have been approved in writing by Landlord. Landlord shall have the right to withdraw such approval at any time and to require Tenant to remove any such signs, projections, awnings, signals or advertisements. Landlord also reserves to itself the sole right to designate the person, firm or corporation which shall do the work of lettering and erecting of any and all signs to be affixed to the premises or the building. In the event that said work is done by Tenant through any person, firm or corporation, other than that designated by Landlord, Landlord is hereby given the right to remove said signs without being liable to Tenant by reason thereof and to charge the cost of so doing to Tenant as additional rent payable on the first day of the next following month, or at Landlord's option, on the first day of any subsequent month.

OCCUPANCY AND USE BY TENANT. A. Tenant acknowledges that (a) Landlord shall have no obligation to provide the Premises with air conditioning, heat, ventilation, water, steam, gas, oil or any other utilities or services except as expressly and specifically set forth in this Lease. Tenant, at Tenant’s sole cost and expense, shall make arrangements directly with the appropriate utility company for the supply of electricity, gas or any other utilities or services to the Premises, and shall install and maintain any meters (if none dedicated to the Premises already exist) at its continued occupancy sole cost and expense to measure consumption thereof, and shall pay all the charges for such consumption directly to the utility provider. Tenant’s obligation to pay for utilities consumed at the Premises shall commence as of the demised premises, Commencement Date. (b) Tenant shall arrange to restore gas service at the Premises and Landlord shall comply with Tenant’s reasonable requests in connection therewith. Notwithstanding the regular conduct of its business therein, are of utmost importance to the Landlord in the renewal of other leases in the buildingforegoing, in the renting event that Tenant is denied gas service at the Premises by ConEdison (‘ConEd”) or any other applicable utility provider solely due to compliance issues arising from New York Local Law 97, then upon presentment of vacant space in the buildingdocumentary evidence of such rejection to Landlord, Tenant may, in the providing of electricityits sole discretion, air conditioning, steam and other services elect to the tenants in the buildingterminate this Lease, and in the maintenance of the character and quality of the tenants in the building. Tenant therefore covenants and agrees that it will occupy the entire demised premises, and will conduct its business therein in the regular and usual manner, throughout the term of this lease. Tenant acknowledges that Landlord is executing this lease in reliance upon these covenants, and that these covenants are a material element of consideration inducing the Landlord to execute this lease. Tenant further agrees that if it vacates the demised premises or fails to so conduct its business therein, at any time during the term of this lease, without the prior written consent of the Landlord, then all rent and additional rent reserved in this lease from the date of such breach to the expiration date of this lease ,hall become immediately due and payable to Landlord. B. The parties recognize and agree that the damage to Landlord resulting from any breach of the covenants in subdivision (A) hereof will be extremely substantial, will be far greater than the rent payable for the balance of the term of this lease, and will be impossible of accurate measurement The parties therefore agree that in the event of a breach or threatened breach of the said covenants, in addition to all of Landlord's other rights and remedies, at law or in equity or otherwise, Landlord termination neither party shall have the right of injunction to preserve Tenant's occupancy and use. The words "become vacant any further rights or deserted" as used elsewhere in this lease shall include Tenant's failure to occupy or use as by this Article required C. If Tenant breaches either of the covenants in subdivision (A) aboveobligations hereunder, and this lease Lease shall be deemed terminated because and of such defaultno further force and effect. Tenant will endeavor to obtain approval from ConEd within ninety (90) days from the Effective Date hereof, thenprovided, in addition however, a failure to Landlord's right so obtain said approval within said timeframe, shall not serve as a waiver of reentry, restoration, preparation for and, rerental, and anything elsewhere in this lease to the contrary notwithstanding, Landlord shall retain its Tenant’s right to judgment on and collection of Tenant's aforesaid obligation to make a single payment to Landlord of a sum to terminate the total of all rent and additional rent reserved for Lease if Tenant is subsequently denied gas service at the remainder of the original term of this lease, subject to future credit or repayment to Tenant Premises by ConEd in the event of any rerenting of the premises by Landlord, after first from rerental income all expenses incurred by Landlord in reducing to judgment or otherwise collecting Tenant aforesaid obligation, and in obtaining possession of restoring, preparing for and re-letting the premises. In no event shall Tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original term of this leaseaccordance herewith. D. Tenant shall not obstruct or permit the obstruction of the light, halls, areas, roof, stairway or entrances to the building, and will not affix, erect or inscribe any signs, projections, awnings, signals or advertisements of any kind to any part of the premises including the inside or outside of the windows or doors thereof and will not paint the outside of the doors thereof or the inside or outside of the windows thereof unless and until the style, size, color, construction and location thereof have been approved in writing by Landlord. Landlord shall have the right to withdraw such approval at any time and to require Tenant to remove any such signs, projections, awnings, signals or advertisements. Landlord also reserves to itself the sole right to designate the person, firm or corporation which shall do the work of lettering and erecting of any and all signs to be affixed to the premises or the building. 26.02 In the event that said work is done any utility service consumed in the Premises and/or by Tenant through any personfor which Tenant is obligated to pay for such consumption are not separately metered or sub metered, firm then until such time as such services are metered or corporationsub metered, other than that designated by Landlord, Tenant shall pay Landlord is hereby given the right to remove said signs without being liable to Tenant by reason thereof One Hundred and to charge Ten Percent (110%) of the cost of so doing such services, as provided for herein. Except with respect to Tenant as additional rent payable on Txxxxx’s obligation hereunder pertaining to payment of Real Estate Tax Escalations, the first day phrase “Tenant’s Share” shall refer to Tenant’s obligation to pay 110% of the next following month, or at Landlord's option, on the first day cost of any subsequent monthservices and/or utilities, and Tenant’s Share shall constitute Additional Rent.

OCCUPANCY AND USE BY TENANT. A. (a) Tenant acknowledges that its continued occupancy of the demised premises, and the regular conduct of its business therein, are of utmost importance to the Landlord in the renewal of other leases in the building, in the renting of vacant space in the building, in the providing of electricity, air conditioning, steam and other services to the tenants in the building, and in the maintenance of the character and quality of the tenants in the building. Tenant therefore covenants and agrees that it will occupy the entire demised premises, and will conduct its business therein in the regular and usual manner, throughout the term of this leaseLease. Tenant acknowledges that Landlord is executing this lease Lease in reliance upon these covenants, covenants and that these covenants are a material element of consideration inducing the Landlord to execute this leaseLease. Tenant further agrees that if it vacates the demised premises or fails to so conduct its business therein, at any time during the term of this leaseLease, without the prior written consent of the Landlord, then all rent and additional rent reserved in this lease Lease from the date of such breach to the expiration date of this lease ,hall Lease shall become immediately due and payable to Landlord. B. (b) The parties recognize and agree that the damage to Landlord resulting from any breach of the covenants in subdivision (Aa) hereof will be extremely substantial, will be far greater than the rent payable for the balance of the term of this leaseLease, and will be impossible of accurate measurement measurement. The parties therefore parties, therefore, agree that in the event of a breach or threatened breach of the said covenants, in addition to all of Landlord's other rights and remedies, at law or in equity or otherwise, Landlord shall have the right of injunction to preserve Tenant's occupancy and use. The words "become vacant or deserted" as used elsewhere in this lease Lease shall include Tenant's failure to occupy or use as by this Article required. C. (c) If Tenant breaches either of the covenants in subdivision (Aa) above, and this lease shall Lease be terminated because of such default, then, in addition to Landlord's right rights of reentryre-entry, restoration, preparation for and, and rerental, and anything elsewhere in this lease Lease to the contrary notwithstanding, Landlord shall retain its right to judgment on and collection of Tenant's aforesaid obligation to make a single payment to Landlord of a sum equal to the total of all rent and additional rent reserved for the remainder of the original term of this leaseLease, subject to future credit or repayment to Tenant in the event of any rerenting of the premises by Landlord, after first deducting from rerental income all expenses incurred by Landlord in reducing to judgment or otherwise collecting Tenant Tenant's aforesaid obligation, and in obtaining possession of of, restoring, preparing for and re-letting the premises. In no event shall Tenant tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original term of this leaseLease. D. Tenant shall not obstruct or permit the obstruction of the light, halls, areas, roof, stairway or entrances to the building, and will not affix, erect or inscribe any signs, projections, awnings, signals or advertisements of any kind to any part of the premises including the inside or outside of the windows or doors thereof and will not paint the outside of the doors thereof or the inside or outside of the windows thereof unless and until the style, size, color, construction and location thereof have been approved in writing by Landlord. Landlord shall have the right to withdraw such approval at any time and to require Tenant to remove any such signs, projections, awnings, signals or advertisements. Landlord also reserves to itself the sole right to designate the person, firm or corporation which shall do the work of lettering and erecting of any and all signs to be affixed to the premises or the building. In the event that said work is done by Tenant through any person, firm or corporation, other than that designated by Landlord, Landlord is hereby given the right to remove said signs without being liable to Tenant by reason thereof and to charge the cost of so doing to Tenant as additional rent payable on the first day of the next following month, or at Landlord's option, on the first day of any subsequent month.