Common use of Operating Covenant Clause in Contracts

Operating Covenant. a. The Tenant shall not abandon or leave vacant the chalet and shall not allow anyone other than Tenant, its employees, or agents to occupy it. Tenant shall not conduct an auction, going-out-of-business, bankruptcy sales, or similar practice. b. Tenant may not display merchandise outside of the chalet when not open for business or obstruct the public rights of way without prior written consent from the Chamber of Commerce. c. Tenant must keep their chalet and surrounding area clean, neat, and safe. d. Tenant shall refrain from using the chalet in any way that is disruptive, a nuisance, annoyance, or an inconvenience. e. Tenant must keep the chalet continuously and uninterruptedly open for business and adequately staffed no less than 10 hours per week with 4 of those hours required to be on all Saturdays between the hours of 8:00 a.m. – 1:00 p.m. (with the exception to weekend only renters only being required the 4 Saturday hours.) Noting that emergencies do arise from time-to-time, a grace period of five absences will be given (unless Tenant has contacted staff and received written authorization for more absences under extenuating circumstances). After five such absences, the Tenant will be fined $50 for each day they remain closed for the season. f. Tenant shall maintain a stock of merchandise throughout their lease agreement. g. Tenant shall comply with all laws, ordinances, orders, rules, regulations, and requirements of federal, state, county, and city government regulating the use and occupancy of the chalet. h. Tenant shall not install any signs on the chalet or display any additional signs on the sidewalk or porch. No outside displays shall be attached to the building, cover the building, or cover the windows. If outdoor displays are used, they must be tastefully decorated. They cannot be on the sidewalk. It is the tenant’s responsibility to inform their employees of the rules. Items must be removed immediately when told and a $50 fine will be issued after the second warning. If racks are used, they are limited to two racks for their outdoor display. Three or more violations of this section may result in not being allowed to participate as a future renter. i. No changes shall be made to the inside structure or the outside of the chalet in such a manner as to detract from the character and standards of the chalet. Tenant may submit a formal request for any suggested improvements or changes they would like to make. j. Tenant shall say no disparaging remarks to the public about the Chamber, City, downtown, or any entity involved in the chalets or downtown. Renters shall be courteous to other vendors, customers, and other business owners. k. Tenant shall provide a copy to the Chamber of their sales tax license and any other licenses required by City, State, or Federal government. l. Electricity is limited and included in the rental fee. Tenant may plug in small devices such as a lamp, air conditioner/heater, cell phone, or music. Any other items such as a cooler, refrigerator, appliance, etc. will require payment of an additional $50 per month per EACH appliance. List any appliances to be used at the chalet. __________________________________________________________________________________________ m. Tenant shall participate in marketing chalet including social media, events, and participating in activities and events held at the Downtown Market Place. n. Tenant is responsible for their own internet connection to accept payments. The Chamber will attempt to provide free wi-fi for payment processing in the future but this service is not guaranteed. The Chamber is not responsible for any missed sales that may happen from the lack of internet. o. Tenants shall keep the outside and inside of their chalet clean at all times. Tenants shall pick-up any trash outside of their chalet and dispose in a proper manner. p. Tenants are allowed to make upgrades and remodel the chalet or parts of it with written consent from the Chamber.

Operating Covenant. a. The Tenant shall not abandon or leave vacant the chalet unit and shall not allow anyone other than Tenant, its employees, or agents to occupy it. Tenant shall not conduct an auction, going-out-of-business, bankruptcy sales, or similar practice. b. Tenant may not display merchandise outside of the chalet when not open for business shop other than directly on their individual shops porch or obstruct the public rights of way without prior written consent from the Chamber of CommerceMcHenry Riverwalk Shoppes Manager. c. Tenant must keep their chalet shop and surrounding area clean, neat, and safe. d. Tenant shall will refrain from using the chalet shop in any way that is disruptive, a nuisance, annoyance, or an inconvenience. e. Tenant must keep the chalet shop continuously and uninterruptedly open for business and adequately staffed no during the following hours: May 5th through October 29th, 2023: Fridays: 10am to 6pm Saturdays: 10am to 6pm Sundays: 10pm to 4pm Initial *Shops may be open more hours, but not less than hours to maintain consistency and attraction to all 10 retail shops. *These days and hours per week are MANDATED. Please consider who can cover your shop if you cannot be there. In case of emergency, please notify the property manager. Excessive tardiness, emergencies, or early closures may result in a termination of the contract with 4 of those hours required to be on all Saturdays between the hours of 8:00 a.m. – 1:00 p.m. (with the exception to weekend only renters only being required the 4 Saturday hours.) Noting that emergencies do arise from time-to-time, a grace period of five absences will be given (unless Tenant has contacted staff and received written authorization for more absences under extenuating circumstances). After five such absences, the Tenant will be fined $50 for each day they remain closed for the seasonfinal decision by The Chamber. f. Tenant shall will maintain a stock of merchandise throughout their lease agreementthe season. g. Tenant shall will comply with all laws, ordinances, orders, rules, regulations, and requirements of federal, state, county, and city government regulating the use and occupancy of the chaletshop. h. Tenant shall will not install any signs on the chalet unit or display any additional signs on the sidewalk or porch. No outside displays shall be attached to the building, cover the building, or cover the windows. If outdoor displays are used, they must be tastefully decorated. They cannot be on the sidewalk. It is the tenant’s responsibility to inform their employees of the rules. Items must be removed immediately when told and a $50 fine or they will be issued removed by the manager after the second warningwarning of the season. If racks are used, they are limited to two racks one rack for their outdoor display. Three or more violations of this section may result in not being allowed to participate as a future renter. i. No changes shall should be made to the inside structure or the outside of the chalet shop in such a manner as to detract from the character and standards of the chaletunit. Tenant may submit a formal request for any suggested improvements or changes they would like No modifications to makeslatwall, floors, windows, doors. j. Tenant shall say no disparaging remarks to the public about the Chamber, City, downtown, McHenry Riverwalk Shoppes or any entity involved in the chalets Shoppes or downtown. Renters Vendors shall be courteous to other vendors, customers, and other business owners. k. Tenant shall provide a copy to the Chamber of their sales tax license and any other licenses required by City, State, or Federal government. l. Electricity is limited and included in the rental fee. Tenant may plug in small devices such as provided; however, there is a lamp, air conditioner/heater, cell phone, or music. Any other items such as a cooler, refrigerator, appliance, etc. will require payment of an additional $50 25 per month per EACH applianceelectric fee that will be charged to each vendor. If electricity usage is excessive, The Chamber reserves the right raise the electric fee on a case-by-case basis. List any appliances to be used at the chalet. __________________________________________________________________________________________your shop: m. Tenant shall participate in marketing chalet the McHenry Riverwalk Shoppes as well as their own shop including social media, events, and participating in activities and events held at the Downtown Market PlaceMcHenry Riverwalk Shoppes. n. Tenant shall attend all required workshops as determined by The Chamber as part of the Incubator Program. o. Tenant is responsible for their own internet connection to accept payments. The Chamber will attempt to provide free wi-fi for payment processing in the future but this service is not guaranteed. The Chamber is not responsible for any missed sales that may happen from the lack of internet. o. p. Tenants shall keep the outside and inside of their chalet shop clean at all times. Tenants shall pick-up any trash outside of their chalet shop and dispose in a proper manner. p. Tenants are allowed to make upgrades and remodel the chalet or parts of it with written consent from the Chamber.

Operating Covenant. a. The Tenant shall not abandon or leave vacant the chalet unit and shall not allow anyone other than Tenant, its employees, or agents to occupy it. Tenant shall not conduct an auction, going-out-of-business, bankruptcy sales, or similar practice. b. Tenant may not display merchandise outside of the chalet when not open for business shop other than directly on their individual shops porch or obstruct the public rights of way without prior written consent from the Chamber of CommerceMcHenry Riverwalk Shoppes Manager. c. Tenant must keep their chalet shop and surrounding area clean, neat, and safe. d. Tenant shall will refrain from using the chalet shop in any way that is disruptive, a nuisance, annoyance, or an inconvenience. e. Tenant must keep the chalet shop continuously and uninterruptedly open for business and adequately staffed no during the following hours: May 5th through October 29th, 2023: Fridays: 10am to 6pm Saturdays: 10am to 6pm Sundays: 10pm to 4pm Initial *Shops may be open more hours, but not less than hours to maintain consistency and attraction to all 10 retail shops. *These days and hours per week are MANDATED. Please consider who can cover your shop if you cannot be there. In case of emergency, please notify the property manager. Excessive tardiness, emergencies, or early closures may result in a termination of the contract with 4 of those hours required to be on all Saturdays between final decision by the hours of 8:00 a.m. – 1:00 p.m. (with the exception to weekend only renters only being required the 4 Saturday hours.) Noting that emergencies do arise from time-to-time, a grace period of five absences will be given (unless Tenant has contacted staff and received written authorization for more absences under extenuating circumstances). After five such absences, the Tenant will be fined $50 for each day they remain closed for the seasonChamber. f. Tenant shall will maintain a stock of merchandise throughout their lease agreementthe season. g. Tenant shall will comply with all laws, ordinances, orders, rules, regulations, and requirements of federal, state, county, and city government regulating the use and occupancy of the chaletshop. h. Tenant shall will not install any signs on the chalet unit or display any additional signs on the sidewalk or porch. No outside displays shall be attached to the building, cover the building, or cover the windows. If outdoor displays are used, they must be tastefully decorated. They cannot be on the sidewalk. It is the tenantTenant’s responsibility to inform their employees of the rules. Items must be removed immediately when told and a $50 fine or they will be issued removed by the manager after the second warningwarning of the season. If racks are used, they are limited to two racks one rack for their outdoor display. Three or more violations of this section may result in not being allowed to participate as a future renter. i. No changes shall should be made to the inside structure or the outside of the chalet shop in such a manner as to detract from the character and standards of the chaletunit. Tenant may submit a formal request for any suggested improvements or changes they would like No modifications to makeslatwall, floors, windows, doors. j. Tenant shall say no disparaging remarks to the public about the Chamber, City, downtown, McHenry Riverwalk Shoppes or any entity involved in the chalets Shoppes or downtown. Renters Vendors shall be courteous to other vendors, customers, and other business owners. k. Tenant shall provide a copy to the Chamber of their sales tax license and any other licenses required by City, State, or Federal government. l. Electricity is limited and included in the rental fee. Tenant may plug in small devices such as provided; however, there is a lamp, air conditioner/heater, cell phone, or music. Any other items such as a cooler, refrigerator, appliance, etc. will require payment of an additional $50 25 per month per EACH applianceelectric fee that will be charged to each vendor. If electricity usage is excessive, the Chamber reserves the right raise the electric fee on a case-by-case basis. List any appliances to be used at the chalet. __________________________________________________________________________________________your shop: m. Tenant shall participate in marketing chalet the McHenry Riverwalk Shoppes as well as their own shop including social media, events, and participating in activities and events held at the Downtown Market PlaceMcHenry Riverwalk Shoppes. n. Tenant shall attend all required workshops as determined by the Chamber as part of the Incubator Program. o. Tenant is responsible for their own internet connection to accept payments. The Chamber will attempt to provide free wi-fi for payment processing in the future but this service is not guaranteed. The Chamber is not responsible for any missed sales that may happen from the lack of internet. o. p. Tenants shall keep the outside and inside of their chalet shop clean at all times. Tenants shall pick-up any trash outside of their chalet shop and dispose in a proper manner. p. Tenants are allowed to make upgrades and remodel the chalet or parts of it with written consent from the Chamber.

Operating Covenant. a. The Tenant shall not abandon or leave vacant the chalet unit and shall not allow anyone other than Tenant, its employees, or agents to occupy it. Tenant shall not conduct an auction, going-out-of-business, bankruptcy sales, or similar practice. b. Tenant may not display merchandise outside of the chalet when not open for business shop other than directly on their individual shops porch or obstruct the public rights of way without prior written consent from the Chamber of CommerceMcHenry Riverwalk Shoppes Manager. c. Tenant must keep their chalet shop and surrounding area clean, neat, and safe. d. Tenant shall will refrain from using the chalet shop in any way that is disruptive, a nuisance, annoyance, or an inconvenience. e. Tenant must keep the chalet shop continuously and uninterruptedly open for business and adequately staffed no during the following hours: May 5th through October 29th, 2023: Fridays: 10am to 6pm Saturdays: 9am to 5pm Sundays: 11pm to 4pm Initial *Shops may be open more hours, but not less than hours to maintain consistency and attraction to all 10 retail shops. *These days and hours per week are MANDATED. Please consider who can cover your shop if you cannot be there. In case of emergency, please notify the property manager. Excessive tardiness, emergencies, or early closures may result in a termination of the contract with 4 of those hours required to be on all Saturdays between the hours of 8:00 a.m. – 1:00 p.m. (with the exception to weekend only renters only being required the 4 Saturday hours.) Noting that emergencies do arise from time-to-time, a grace period of five absences will be given (unless Tenant has contacted staff and received written authorization for more absences under extenuating circumstances). After five such absences, the Tenant will be fined $50 for each day they remain closed for the seasonfinal decision by The Chamber. f. Tenant shall will maintain a stock of merchandise throughout their lease agreementthe season. g. Tenant shall will comply with all laws, ordinances, orders, rules, regulations, and requirements of federal, state, county, and city government regulating the use and occupancy of the chaletshop. h. Tenant shall will not install any signs on the chalet unit or display any additional signs on the sidewalk or porch. No outside displays shall be attached to the building, cover the building, or cover the windows. If outdoor displays are used, they must be tastefully decorated. They cannot be on the sidewalk. It is the tenant’s responsibility to inform their employees of the rules. Items must be removed immediately when told and a $50 fine or they will be issued removed by the manager after the second warningwarning of the season. If racks are used, they are limited to two racks one rack for their outdoor display. Three or more violations of this section may result in not being allowed to participate as a future renter. i. No changes shall should be made to the inside structure or the outside of the chalet shop in such a manner as to detract from the character and standards of the chaletunit. Tenant may submit a formal request for any suggested improvements or changes they would like No modifications to makeslatwall, floors, windows, doors. j. Tenant shall say no disparaging remarks to the public about the Chamber, City, downtown, McHenry Riverwalk Shoppes or any entity involved in the chalets Shoppes or downtown. Renters Vendors shall be courteous to other vendors, customers, and other business owners. k. Tenant shall provide a copy to the Chamber of their sales tax license and any other licenses required by City, State, or Federal government. l. Electricity is limited provided and included in the rental fee. Tenant may plug in small devices such as rent up to a lamp, air conditioner/heater, cell phone, or music. Any other items such as a cooler, refrigerator, appliance, etc. will require payment total of an additional $50 400 per month for all shops combined. There is a $25 per EACH appliancemonth Electric Escrow fee that will be charged to each vendor to cover any possible electric excess usage. Should none be used, the fee will be returned at the end of the season. List any appliances to be used at the chalet. __________________________________________________________________________________________your shop: m. Tenant shall participate in marketing chalet the McHenry Riverwalk Shoppes as well as their own shop including social media, events, and participating in activities and events held at the Downtown Market PlaceMcHenry Riverwalk Shoppes. n. Tenant shall attend all required workshops as determined by The Chamber as part of the Incubator Program. o. Tenant is responsible for their own internet connection to accept payments. The Chamber will attempt to provide free wi-fi for payment processing in the future but this service is not guaranteed. The Chamber is not responsible for any missed sales that may happen from the lack of internet. o. p. Tenants shall keep the outside and inside of their chalet shop clean at all times. Tenants shall pick-up any trash outside of their chalet shop and dispose in a proper manner. p. Tenants are allowed to make upgrades and remodel the chalet or parts of it with written consent from the Chamber.

Operating Covenant. a. The Tenant shall not abandon or leave vacant the chalet and shall not allow anyone other than Tenant, its employees, or agents to occupy it. Tenant shall not conduct an auction, going-out-of-business, bankruptcy sales, or similar practice. b. Tenant may not display merchandise outside of the chalet when not open for business or obstruct the public rights of way without prior written consent from the Chamber of Commerce. c. Tenant must keep their chalet and surrounding area clean, neat, and safe. d. Tenant shall refrain from using the chalet in any way that is disruptive, a nuisance, annoyance, or an inconvenience. e. Tenant must keep the chalet continuously and uninterruptedly open for business and adequately staffed no less than 10 hours per week with 4 of those hours required to be on all Saturdays between the hours of 8:00 a.m. – 1:00 p.m. (with the exception to weekend only renters only being required the 4 Saturday hours.) Noting that emergencies do arise from time-to-time, a grace period of five absences will be given (unless Tenant has contacted staff and received written authorization for more absences under extenuating circumstances). After five such absences, the Tenant will be fined $50 for each day they remain closed for the season. f. Tenant shall maintain a stock of merchandise throughout their lease agreement. g. Tenant shall comply with all laws, ordinances, orders, rules, regulations, and requirements of federal, state, county, and city government regulating the use and occupancy of the chalet. h. Tenant shall not install any signs on the chalet or display any additional signs on the sidewalk or porch. No outside displays shall be attached to the building, cover the building, or cover the windows. If outdoor displays are used, they must be tastefully decorated. They cannot be on the sidewalk. It is the tenant’s responsibility to inform their employees of the rules. Items must be removed immediately when told and a $50 fine will be issued after the second warning. If racks are used, they are limited to two racks for their outdoor display. Three or more violations of this section may result in not being allowed to participate as a future renter. i. No changes shall be made to the inside structure or the outside of the chalet in such a manner as to detract from the character and standards of the chalet. Tenant may submit a formal request for any suggested improvements or changes they would like to make. j. Tenant shall say no disparaging remarks to the public about the Chamber, City, downtown, or any entity involved in the chalets or downtown. Renters shall be courteous to other vendors, customers, and other business owners. k. Tenant shall provide a copy to the Chamber of their sales tax license and any other licenses required by City, State, or Federal government. l. Electricity is limited and included in the rental fee. Tenant may plug in small devices such as a lamp, air conditioner/heater, cell phone, or music. Any other items such as a cooler, refrigerator, appliance, etc. will require payment of an additional $50 per month per EACH appliance. List any appliances to be used at the chalet. __________________________________________________________________________________________ m. Tenant shall participate in marketing chalet including social media, events, and participating in activities and events held at the Downtown Market Place. n. Tenant is responsible for their own internet connection to accept payments. The Chamber will attempt to provide free wi-fi for payment processing in the future but this service is not guaranteed. The Chamber is not responsible for any missed sales that may happen from the lack of internet. The city will not attempt to repair the internet on weekends or after city hall hours. o. Tenants shall keep the outside and inside of their chalet clean at all times. Tenants shall pick-up any trash outside of their chalet and dispose in a proper manner. p. Tenants are allowed to make upgrades and remodel the chalet or parts of it with written consent from the Chamber.

Operating Covenant. a. The Tenant shall not abandon or leave vacant the chalet and shall not allow anyone other than Tenant, its employees, or agents to occupy it. Tenant shall not conduct an auction, going-out-of-of- business, bankruptcy sales, or similar practice. b. Tenant may not display merchandise outside of the chalet when not open for business or obstruct the public rights of way without prior written consent from the Chamber City of CommerceMuskegon. c. Tenant must keep their chalet and surrounding area clean, neat, and safe. d. Tenant shall will refrain from using the chalet in any way that is disruptive, a nuisance, annoyance, or an inconvenience. e. Tenant must keep the chalet continuously and uninterruptedly open for business and adequately staffed no less than 10 hours per week with 4 during the following hours: May 26 – September 2 open Wednesdays through Fridays from 11 am to 6 pm May 26 – September 2 open Saturdays from 9 am to 3 pm Open Sundays for the month of those hours required July from noon to be on 3 pm Open all Saturdays between the hours of 8:00 a.m. – 1:00 p.m. (with the exception cruise ship and festival days Open Saturdays, September 8 through October 27 from 11 am to weekend only renters only being required the 4 Saturday hours.) 3 pm Open Saturdays, November 24 through December 15 from 11 am to 3 pm Noting that emergencies do arise from time-to-time, a grace period of five absences will be given (unless Tenant has contacted staff and received written authorization for more absences under extenuating circumstances). After five such absences, the Tenant will be fined $50 for each day they remain closed for the season. f. Tenant shall will maintain a stock of merchandise throughout their lease agreementthe season. g. Tenant shall will comply with all laws, ordinances, orders, rules, regulations, and requirements of federal, state, county, and city government regulating the use and occupancy of the chalet. h. Tenant shall will not install any signs on the chalet or display any additional signs on the sidewalk or porch. No outside displays shall be attached to the building, cover the building, or cover the windows. If outdoor displays are used, they must be tastefully decorated. They cannot be on the sidewalk. It is the tenant’s responsibility to inform their employees of the rules. Items must be removed immediately when told and a $50 fine will be issued after the second warningwarning of the season. If racks are used, they are limited to two racks one rack for their outdoor display. Three or more violations of this section may result in not being allowed to participate as a vendor in future renterseasons. Special instructions for set-up of art fair and Rebel Road will be issued at a later date. i. No changes shall should be made to the inside structure or the outside of the chalet in such a manner as to detract from the character and standards of the chalet. Tenant may submit a formal request for any suggested improvements or changes they would like to make. j. Tenant shall say no disparaging remarks to the public about the Chamber, City, downtown, or any entity involved in the chalets or downtown. Renters Vendors shall be courteous to other vendors, customers, and other business owners. k. Tenant shall provide a copy to the Chamber of their sales tax license and any other licenses required by City, State, or Federal government. l. Electricity is limited and included in the rental feelimited. Tenant may plug in small devices such as a lamp, air conditioner/heater, cell phone, or music. Any other items such as a cooler, refrigerator, appliance, etc. will require payment of pay an additional $50 per month for the season per EACH appliance. List any appliances to be used at the chalet. __________________________________________________________________________________________. Initial here to state your understanding that it is your responsibility to report if you add an appliance and pay the $50 fee. m. Tenant shall participate in marketing chalet including social media, events, and participating in activities and events held at the Downtown Market PlaceWestern Market. n. Tenant is responsible for their own internet connection to accept payments. The Chamber city will attempt to provide free wi-fi for payment processing in the future but this service is not guaranteed. The Chamber city is not responsible for any missed sales that may happen from the lack of internet. The city will not attempt to repair the internet on weekends or after city hall hours. o. Tenants shall keep the outside and inside of their chalet clean at all times. Tenants shall pick-up any trash outside of their chalet and dispose in a proper manner. p. Tenants are allowed to make upgrades and remodel the chalet or parts of it with written consent from the Chamber.