Common use of Operating Covenant Clause in Contracts

Operating Covenant. Tenant shall promptly install its leasehold improvements and will be open for business on or before the Commencement Date, and Tenant shall not thereafter abandon or leave vacant the Demised Premises, and shall not permit the license or occupancy of the Demised Premises by any party other than Tenant, its agents, employees and invites, and shall: (a) Conduct no auction, fire, going-out-of-business or bankruptcy sales or similar practice. (b) Display no merchandise outside the Demised Premises nor in any way obstruct the adjacent sidewalks; and, store all trash and refuse in appropriate containers within the Demised Premises and attend to the daily disposal thereof in the manner designated by Landlord. Tenant shall not burn any trash or rubbish in or about the Demised Premises or anywhere else within the confines of the Shopping Center. (c) Load or unload all merchandise, supplies, fixtures, equipment and furniture and cause the collection of rubbish only through the rear service door or doors (unless no such door is provided) of the Demised Premises, from 9:00 a.m. until 10:00 p.m. Normal delivery service to customers may be made through the front entrance. (d) Keep the Demised Premises in a careful, safe, clean and proper manner; and not permit any rubbish or refuse of any nature emanating from the Demised Premises to accumulate in the sidewalk areas or rear delivery area(s). (e) Not solicit business in the Common Areas or distribute any handbills or other advertising matter in the Common Areas. (f) Prevent the Demised Premises from being used in any way which will injure the reputation of the same or the Shopping Center upon which the Demised Premises constitute a part or from being used in any way which may be a nuisance, annoyance, inconvenience or damaging or inimical to the other tenants or occupants of the Shopping Center, including, without limiting the generality of the foregoing, the operation of any instrument or apparatus or equipment or the carrying on of any trade or occupation which emits an odor discernible outside of the Demised Premises or which may be deemed offensive in nature or noise by the playing of any musical instrument or radio or television or the use of a microphone, loud speaker, electrical equipment or other equipment which may be heard outside of the Demised Premises. (g) Abide by all reasonable rules and regulations established by Landlord, from time to time, with respect to the Common Areas, facilities, improvements and sidewalks. (h) Keep the Demised Premises continuously and uninterruptedly open for business and adequately staffed during all usual business hours, but not less than the hours of o’clock a.m. until o’clock p.m. Monday through Saturday and from o’clock a.m. until o’clock p.m. on Sunday, and use the Demised Premises for the purposes set forth above. (i) Carry in the Demised Premises a full and complete stock of seasonable merchandise offered for sale at competitive prices and maintain adequate equipment and personnel for the efficient service of its customers, and in general, employ its best judgment, efforts and abilities to operate the business conducted in the Demised Premises in a manner calculated to produce the maximum volume of sales obtainable. (j) Promptly comply with all laws, ordinances, orders, rules, regulations and requirements of federal, state, county and city governments regulating the use and occupancy of the Demised Premises. (k) Install no signs in or upon the Demised Premises or on the Shopping Center property without the prior written consent of Landlord. Any signs allowed by Landlord shall comply with the “sign criteria” as shown on the attached Exhibit D. (l) Not use, occupy, suffer or permit the Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority or the requirements of any (m) All articles, merchandise, displays, decorations or the like and the arrangement, style, color, and general appearance thereof, in the interior of the Demised Premises which shall be visible from the exterior thereof, including, without limitation, window displays, advertising matter, signs, merchandise, and store fixtures, shall be maintained in such a manner as not to detract from the character and standards of the Shopping Center.

Operating Covenant. Tenant shall promptly install its leasehold improvements occupy the Additional Retail Premises upon the Additional Retail Commencement Date. Tenant may only use the Additional Retail Premises for the Permitted Retail Use under the Permitted Trade Name (as defined below) and will for no other purpose or name whatsoever without Landlord’s prior written consent. Tenant covenants and agrees that the Additional Retail Premises shall be fully staffed and stocked and open for business to the general public for at least one (1) day within the first three (3) months after the Additional Retail Commencement Date. Furthermore, at all times that Tenant is open and operating for business, Tenant shall maintain an access point between the Additional Retail Premises and the enclosed portion of the Center (to allow ingress and egress of Tenant’s customers and invitees), which access point shall have no less than two (2) cash register check out stations. If Tenant fails to maintain such access point in accordance with this Section 2(o), and such failure continues for five (5) days after written notice from Landlord, then such failure will be an Event of Default under the Lease. For purposes of the Additional Retail Premises, the term “Permitted Trade Name” shall mean CompUSA, Tiger Xxxxxx.xxx Discount Computers or other trade name used or may be used by Tenant at a majority of its retail locations in the United States. If Tenant fails to continuously operate the Additional Retail Premises for more than sixty (60) days, then Landlord shall have the right (but shall not have any obligation), at any time thereafter, to terminate Tenant’s right to possession of the Additional Retail Premises by written notice to Tenant (the “Re-Capture Notice”). The Re-Capture Notice will set forth the date (the “Re-Capture Date”) on or before which Tenant’s right to possession of the Commencement Additional Retail Premises will terminate. If Landlord delivers a Re-Capture Notice, Tenant’s rights to occupy the Additional Retail Premises will terminate on the Re-Capture Date, and Tenant shall not thereafter abandon or leave vacant will then vacate and surrender the Demised Premises, and shall not permit the license or occupancy of the Demised Additional Retail Premises by any party other than Tenant, its agents, employees and invites, and shall: (a) Conduct no auction, fire, going-out-of-business or bankruptcy sales or similar practice. (b) Display no merchandise outside the Demised Premises nor in any way obstruct the adjacent sidewalks; and, store all trash and refuse in appropriate containers within the Demised Premises and attend to the daily disposal thereof Landlord in the manner designated condition required by Landlordthe Lease. If Landlord delivers a Re-Capture Notice, then from and after the date on which Tenant surrenders the Additional Retail Premises in accordance with this Section 2(o), Tenant shall not burn any trash or rubbish in or about have no further obligations under the Demised Premises or anywhere else within the confines of the Shopping Center. (c) Load or unload all merchandise, supplies, fixtures, equipment and furniture and cause the collection of rubbish only through the rear service door or doors (unless no such door is provided) of the Demised Premises, from 9:00 a.m. until 10:00 p.m. Normal delivery service to customers may be made through the front entrance. (d) Keep the Demised Premises in a careful, safe, clean and proper manner; and not permit any rubbish or refuse of any nature emanating from the Demised Premises to accumulate in the sidewalk areas or rear delivery area(s). (e) Not solicit business in the Common Areas or distribute any handbills or other advertising matter in the Common Areas. (f) Prevent the Demised Premises from being used in any way which will injure the reputation of the same or the Shopping Center upon which the Demised Premises constitute a part or from being used in any way which may be a nuisance, annoyance, inconvenience or damaging or inimical to the other tenants or occupants of the Shopping Center, including, without limiting the generality of the foregoing, the operation of any instrument or apparatus or equipment or the carrying on of any trade or occupation which emits an odor discernible outside of the Demised Premises or which may be deemed offensive in nature or noise by the playing of any musical instrument or radio or television or the use of a microphone, loud speaker, electrical equipment or other equipment which may be heard outside of the Demised Premises. (g) Abide by all reasonable rules and regulations established by Landlord, from time to time, Lease with respect to the Common AreasAdditional Retail Premises, facilities, improvements except for those obligations that expressly survive the expiration or termination of the Lease. If Tenant fails to vacate and sidewalks. (h) Keep surrender the Demised Additional Retail Premises continuously and uninterruptedly open for business and adequately staffed during all usual business hours, but not less than on the hours of o’clock a.m. until o’clock p.m. Monday through Saturday and from o’clock a.m. until o’clock p.m. on SundayRe-Capture Date in accordance with this Section 2(o), and use such failure continues for five (5) days after written notice from Landlord, then such failure will be an Event of Default under the Demised Premises for the purposes set forth aboveLease. (i) Carry in the Demised Premises a full and complete stock of seasonable merchandise offered for sale at competitive prices and maintain adequate equipment and personnel for the efficient service of its customers, and in general, employ its best judgment, efforts and abilities to operate the business conducted in the Demised Premises in a manner calculated to produce the maximum volume of sales obtainable. (j) Promptly comply with all laws, ordinances, orders, rules, regulations and requirements of federal, state, county and city governments regulating the use and occupancy of the Demised Premises. (k) Install no signs in or upon the Demised Premises or on the Shopping Center property without the prior written consent of Landlord. Any signs allowed by Landlord shall comply with the “sign criteria” as shown on the attached Exhibit D. (l) Not use, occupy, suffer or permit the Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority or the requirements of any (m) All articles, merchandise, displays, decorations or the like and the arrangement, style, color, and general appearance thereof, in the interior of the Demised Premises which shall be visible from the exterior thereof, including, without limitation, window displays, advertising matter, signs, merchandise, and store fixtures, shall be maintained in such a manner as not to detract from the character and standards of the Shopping Center.

Operating Covenant. Tenant For a period of twenty years commencing on the ------------------- Closing Date, Purchaser shall promptly install its leasehold improvements and will be keep the Park open for business at least ninety (90) days each year and shall keep the Park open for at least six (6) continuous hours on each of those ninety (90) days. Notwithstanding the foregoing or before anything to the Commencement Datecontrary elsewhere herein, and Tenant this covenant shall not thereafter abandon or leave vacant the Demised Premises, and shall not permit the license or occupancy be deemed to be breached by a temporary closing of the Demised Premises Park arising out of Force Majeure, during the pendency of such Force Majeure. Purchaser agrees that if Purchaser fails to keep the Park open for the required time periods, Seller shall have the right on five days notice to require the conveyance of the Park to Seller, or any third party designated by Seller by special warranty deed (subject only to the Permitted Exceptions (except for Purchaser Exceptions that are not Purchaser Permitted Exceptions) one hundred eighty (180) days after the exercise of this right. Seller shall have the right to require an appraisal of the Park to be conducted in accordance with Schedule 15.02 to obtain the "Appraised Price". Seller may then purchase the Park for the greater of the Appraised Price or Purchaser's depreciated GAAP basis in the Park (the "Reconveyance Price"). If Seller elects not to purchase the Park at such price, Seller may require reconveyance of the Park subject to Purchaser's rights of removal set forth below, by paying a price of Twenty-Two Million Five Hundred Thousand Dollars ($22,500,000.00) to Purchaser (the "Alternate Reconveyance Price"). If Seller elects to purchase the Park for the Alternate Reconveyance Price, Purchaser may remove any party Improvements (other than Tenantbuildings), its agentsPersonalty, employees Books and invitesRecords and Contracts thereon, and shall: (a) Conduct no auction, fire, going-out-of-business or bankruptcy sales or similar practice. (b) Display no merchandise outside provided Purchaser reasonably remediates the Demised Premises nor in any way obstruct the adjacent sidewalks; and, store all trash and refuse in appropriate containers within the Demised Premises and attend damage caused to the daily disposal thereof Land and buildings thereon by such removal. Any such removal and remediation shall be completed within one hundred eight (180) days after Seller delivers written notice of its election to purchase the Park for the Alternate Reconveyance Price. Upon any reconveyance pursuant to this Article XV, Seller shall pay to Purchaser the Reconveyance Price or Alternate Reconveyance Price in funds immediately available in Bexar County, Texas except that in the manner designated by Landlord. Tenant shall event of a reconveyance for the Alternate Reconveyance Price, such amount will not burn be due or paid to, Purchaser, until the time allowed hereunder for Purchaser to complete the removal has expired and any trash or rubbish in or about the Demised Premises or anywhere else within the confines required remediation of the Shopping Center. (c) Load or unload all merchandise, supplies, fixtures, equipment Land and furniture buildings has been completed. Ad valorem taxes and cause the collection of rubbish only through the rear service door or doors (unless no such door is provided) of the Demised Premises, from 9:00 a.m. until 10:00 p.m. Normal delivery service to customers may be made through the front entrance. (d) Keep the Demised Premises in a careful, safe, clean and proper manner; and not permit any rubbish or refuse of any nature emanating from the Demised Premises to accumulate in the sidewalk areas or rear delivery area(s). (e) Not solicit business in the Common Areas or distribute any handbills or other advertising matter in the Common Areas. (f) Prevent the Demised Premises from being used in any way which will injure the reputation of the same or the Shopping Center upon which the Demised Premises constitute a part or from being used in any way which may be a nuisance, annoyance, inconvenience or damaging or inimical to the other tenants or occupants of the Shopping Center, including, without limiting the generality of the foregoing, the operation of any instrument or apparatus or equipment or the carrying on of any trade or occupation which emits an odor discernible outside of the Demised Premises or which may be deemed offensive in nature or noise by the playing of any musical instrument or radio or television or the use of a microphone, loud speaker, electrical equipment or other equipment which may be heard outside of the Demised Premises. (g) Abide by all reasonable rules and regulations established by Landlord, from time to time, with respect to the Common Areas, facilities, improvements and sidewalks. (h) Keep the Demised Premises continuously and uninterruptedly open for business and adequately staffed during all usual business hours, but not less than the hours of o’clock a.m. until o’clock p.m. Monday through Saturday and from o’clock a.m. until o’clock p.m. on Sunday, and use the Demised Premises for the purposes set forth above. (i) Carry in the Demised Premises a full and complete stock of seasonable merchandise offered for sale at competitive prices and maintain adequate equipment and personnel for the efficient service of its customers, and in general, employ its best judgment, efforts and abilities to operate the business conducted in the Demised Premises in a manner calculated to produce the maximum volume of sales obtainable. (j) Promptly comply with all laws, ordinances, orders, rules, regulations and requirements of federal, state, county and city governments regulating the use and occupancy of the Demised Premises. (k) Install no signs in or upon the Demised Premises or on the Shopping Center property without the prior written consent of Landlord. Any signs allowed by Landlord shall comply with the “sign criteria” as shown on the attached Exhibit D. (l) Not use, occupy, suffer or permit the Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority or the requirements of any (m) All articles, merchandise, displays, decorations or the like and the arrangement, style, color, and general appearance thereof, in the interior of the Demised Premises which assessments shall be visible from the exterior thereof, including, without limitation, window displays, advertising matter, signs, merchandise, and store fixtures, shall be maintained in such a manner as not to detract from the character and standards of the Shopping Center.prorated

Operating Covenant. Tenant shall promptly install its leasehold improvements and will be open for business on or before the Commencement Date, _____________________ [Insert appropriate date from ALTERNATIVE used in Section 3.1] described in Section 3.1 and Tenant shall not thereafter abandon or leave vacant the Demised PremisesPremises vacant, except as provided below. From _____________________ [Insert appropriate date from ALTERNATIVE used in Section 3.1]and thereafter continuing through the Lease Term, Tenant shall operate for the Permitted Use during the hours specified herein continuously with due diligence and efficiency so as to produce a maximum volume of receipts from Gross Sales, unless prevented from doing so by Force Majeure causes (as provided in Section 45 below). At a minimum, during academic sessions, Tenant shall be open for not less than the following days and hours: Monday through Thursday, _____ a.m. to ____ p.m., Friday, _____ a.m. to _____ p.m., and shall not permit on Saturday from ____ a.m. and _____ p.m. (the license or occupancy of the Demised Premises by any party other than Tenant, its agents, employees and invites“Minimum Hours”), and shall: (a) Conduct no auction, fire, going-out-of-business or bankruptcy sales or similar practice. (b) Display no merchandise outside the Demised Premises nor in any way obstruct the adjacent sidewalks; and, store all trash Tenant may be open during such additional days and refuse in appropriate containers within the Demised Premises hours as determined by Tenant and attend to the daily disposal thereof in the manner designated approved by Landlord. Tenant shall not burn any trash or rubbish in or about reduce the Demised Premises or anywhere else within the confines of the Shopping Center. (c) Load or unload all merchandise, supplies, fixtures, equipment and furniture and cause the collection of rubbish only through the rear service door or doors (unless no such door is provided) of the Demised Premises, from 9:00 a.m. until 10:00 p.m. Normal delivery service to customers may be made through the front entrance. (d) Keep the Demised Premises in a careful, safe, clean and proper manner; and not permit any rubbish or refuse of any nature emanating from the Demised Premises to accumulate in the sidewalk areas or rear delivery area(s). (e) Not solicit business in the Common Areas or distribute any handbills or other advertising matter in the Common Areas. (f) Prevent the Demised Premises from being used in any way which will injure the reputation of the same or the Shopping Center upon which the Demised Premises constitute a part or from being used in any way which may be a nuisance, annoyance, inconvenience or damaging or inimical to the other tenants or occupants of the Shopping Center, including, without limiting the generality of the foregoing, the operation of any instrument or apparatus or equipment or the carrying on of any trade or occupation which emits an odor discernible outside of the Demised Premises or which may be deemed offensive in nature or noise by the playing of any musical instrument or radio or television or the use of a microphone, loud speaker, electrical equipment or other equipment which may be heard outside of the Demised Premises. (g) Abide by all reasonable rules and regulations established by Landlord, from time to time, with respect to the Common Areas, facilities, improvements and sidewalks. (h) Keep the Demised Premises continuously and uninterruptedly open for business and adequately staffed during all usual business hours, but not less than the minimum hours of o’clock a.m. until o’clock p.m. Monday through Saturday and from o’clock a.m. until o’clock p.m. on Sunday, and use the Demised Premises for the purposes set forth above. (i) Carry in the Demised Premises a full and complete stock of seasonable merchandise offered for sale at competitive prices and maintain adequate equipment and personnel for the efficient service of its customers, and in general, employ its best judgment, efforts and abilities to operate the business conducted in the Demised Premises in a manner calculated to produce the maximum volume of sales obtainable. (j) Promptly comply with all laws, ordinances, orders, rules, regulations and requirements of federal, state, county and city governments regulating the use and occupancy of the Demised Premises. (k) Install no signs in or upon the Demised Premises or on the Shopping Center property operation noted above without the prior written consent approval of Landlord. Any signs allowed [AS APPLICABLE: Notwithstanding the foregoing, Tenant shall open for business on Sundays and during academic breaks if requested by Landlord shall comply with the “sign criteria” for campus service requirements as shown on the attached Exhibit D. (l) Not use, occupy, suffer or permit the Demised Premises or determined in Landlord’s discretion. ] In addition to any part thereof to be used or occupied for any purpose contrary to other rights that Tenant may have at law or the rules in equity or regulations of any public authority or the requirements of any (m) All articles, merchandise, displays, decorations or the like and the arrangement, style, color, and general appearance thereofas otherwise provided in this Lease, in the interior event Tenant shall cease operations from the Premises for at least the Minimum Hours set forth above for a period exceeding ten (10) days (excluding Permitted Closure Periods, as defined below), Landlord shall have the right, but not the obligation, to terminate this Lease and recapture the Premises (a “Recapture”) by providing Tenant with written notice of Landlord’s election to do so (hereinafter referred to as the “Recapture Notice”). In such event, this Lease shall terminate ten (10) days after Xxxxxx’s receipt of the Demised Recapture Notice and Tenant shall surrender the Premises which to Landlord in accordance with the terms of this Lease. Nothing herein shall be visible from limit Tenant’s liability to Landlord for any damages incurred by Landlord, including the exterior thereofPercentage Rent Damages provided for in Section 18.3 below, includingif applicable, without limitationas a result of Landlord’s election to Recapture the Premises as provided herein. As used herein, window displaysthe term “Permitted Closure Periods” shall mean temporary closures due to (a) casualty, advertising mattercondemnation or other delay described in Article 13 below, signs, merchandise, and store fixtures, shall be maintained in such a manner as or (b) Landlord-approved remodeling or repairs (not to detract from the character and standards of the Shopping Centerexceed 60 days).