Common use of Operation by Tenant Clause in Contracts

Operation by Tenant. Tenant covenants and agrees that it will: not place or maintain any merchandise, vending machines or other articles in any vestibule or entry of the Premises or outside the Premises; store garbage, trash, rubbish and other refuse in rat-proof and insect-proof containers inside the Premises, and remove the same frequently and regularly and, if directed by Xxxxxxxx, by such means and methods and at such times and intervals as are designated by Landlord, all at Tenant’s costs, including a pre-stocking charge for the removal of trash prior to the Commencement Date, and, upon Xxxxxxxx’s request, provide a Waste Profile Sheet or equivalent information concerning contents of trash; not permit any sound system audible or objectionable advertising medium visible outside the Premises; keep all mechanical equipment free of vibration and noise and in good working order and condition; not commit or permit waste or a nuisance upon the Premises; not permit or cause odors to emanate or be dispelled from the Premises; not solicit business in the Common Areas nor distribute advertising matter to, in or upon any Common Area; not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefor, nor permit any use of vehicles which will interfere with the use of any Common Areas; comply with all laws, recommendations, ordinances, rules and regulations of governmental, public, private and other authorities and agencies, including those with authority over insurance rates, with respect to the use or occupancy of the Premises, and including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act; light the show windows of the Premises and all signs each night of the year for not less than one (1) hour after the Premises is permitted to be closed; not permit any noxious, toxic or corrosive fuel or gas, dust, dirt or fly ash on the Premises; not place a load on any floor in the Center which exceeds the floor load per square foot which such floor was designed to carry; store in the Premises only merchandise which Tenant intends to sell at, in or from the Premises, within a reasonable time after receipt thereof. Landlord may make additional services, including but not limited to, music systems, pest control, trash removal, and/or trash compactor, cleaning, maintenance, and security, available to the Premises and, in such event, Tenant shall utilize such services, at Tenant’s expense.

Operation by Tenant. Tenant covenants and agrees that it will: not place or maintain any merchandise, vending machines or other articles in any vestibule or entry of the Premises or outside the Premises; store garbage, trash, rubbish and other refuse in rat-proof and insect-proof containers inside the Premises, and remove the same frequently and regularly and, if directed by XxxxxxxxLandlord, by such means and methods and at such times and intervals as are designated by Landlord, all at Tenant’s costs, including a pre-stocking charge for the removal of trash prior to the Commencement Date, and, upon Xxxxxxxx’s request, provide a Waste Profile Sheet or equivalent information concerning contents of trash's expense; not permit any sound system audible audible, or reasonably objectionable advertising medium visible visible, outside the Premises; keep all mechanical equipment free of vibration and noise that has an adverse effect on the operation of the Center or interferes with any other tenant's quiet enjoyment of its premises, and in good working order and condition; not commit or permit waste or a nuisance upon the Premises; not permit or cause odors to emanate or be dispelled from the Premises; not solicit business in the Common Areas nor distribute advertising matter to, in or upon any Common AreaAreas; not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefor, nor permit any use of vehicles which will interfere with the use of any Common Areas; comply with all laws, recommendations, ordinances, rules and regulations of governmental, public, private and other authorities and agencies, including those with authority over insurance rates, with respect to the Tenant's particular use or occupancy of the Premises, and including but not limited to the Americans with Disabilities Act of 1990 and the XxxxxxxxWillxxxx-Xxxxxxx Occupational Xxxupational Safety and Health ActAct but excluding any structural portions of the Premises maintained by Landlord except as arises out of Tenant's particular use of the Premises and except for Tenant's compliance with the Americans With Disabilities Act ("ADA") within the Premises; light the show windows of the Premises and all signs each night of the year for not less than one (1) hour after the Premises is permitted to be closed; not permit any noxious, toxic or corrosive fuel or gas, dust, dirt or fly ash on the Premises; not place a load on any floor in the Center which exceeds the floor load per square foot which such floor was designed to carry; store in . Landlord acknowledges that Tenant will place and operate within the Premises only merchandise which Tenant intends to sell at, in or from the Premises, within a reasonable time after receipt thereof. Landlord may make additional services, including but not limited to, music systems, pest control, trash removal, and/or trash compactor, cleaning, maintenance, and security, available to the Premises and, in such event, Tenant shall utilize such services, at Tenant’s expense.racing automobile

Operation by Tenant. Tenant covenants and agrees that it will: not place or maintain any merchandise, vending machines or other articles in any vestibule or entry of the Premises or outside the Premises; store garbage, trash, rubbish and other refuse in rat-proof and insect-proof containers inside the Premises, and remove the same frequently and regularly and, if directed by XxxxxxxxLandlord, by such means and methods and at such times and intervals intervals, and to such locations, as are reasonably designated by Landlord, all at Tenant’s costs, including a pre-stocking charge for the removal of trash prior to the Commencement Date, and, upon Xxxxxxxx’s request, provide a Waste Profile Sheet or equivalent information concerning contents of trash's cost; not permit use any sound system audible or objectionable advertising medium visible that might constitute a nuisance, such as loudspeakers, sound amplifiers, phonographs or radios, or television broadcasts in a manner which can be heard outside of the PremisesPremises of the Tenant; keep all mechanical equipment free of vibration and noise and in good working order and condition; not commit or permit waste or a nuisance upon the Premises; not permit or cause unpleasant odors to emanate or be dispelled from the Premises; not solicit business in the Common Areas nor distribute advertising matter to, in or upon any Common Area; not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefor, nor permit any use of vehicles which will interfere with the use of any Common Areas; comply in all material respects with all laws, recommendations, ordinances, rules and regulations of governmental, public, private and other authorities and agencies, including those with authority over insurance rates, with respect agencies applicable to the use or occupancy of Tenant's business upon the Premises, and including specifically, but not limited by way of limitation, those which relate to the Americans with Disabilities Act of 1990 and environment, insurance rates and/or the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act, but as to structural alterations, the provisions of Sections 9.1 and 9.2 hereof shall control; light the show windows of the Premises (if any) and all signs each night of the year and keep same lit for not less than one (1) hour after the Premises is permitted to be closed; not permit any noxious, toxic or corrosive fuel or gas, dust, dust or dirt or fly ash on the Premises; not place a load on any floor in the Center Retail Area which exceeds the floor load per square foot which such floor was designed to carry; store in the Premises only merchandise which Tenant intends to sell at, in or from the Premises, within a reasonable time after receipt thereof. Landlord may make additional services, including but not limited to, music systems, pest control, trash removal, and/or trash compactor, cleaning, maintenance, and security, available to the Premises and, in such event, Tenant shall utilize such services, at Tenant’s expense.

Operation by Tenant. Tenant covenants and agrees that it will: not place or maintain any merchandiseto the following: (a) Tenant, vending machines or other articles in any vestibule or entry of the Premises or outside the Premises; store garbage, trash, rubbish and other refuse in rat-proof and insect-proof containers inside the Premises, and remove the same frequently and regularly and, if directed by Xxxxxxxx, by such means and methods and at such times and intervals as are designated by Landlord, all at Tenant’s costsexpense, including a pre-stocking charge for the removal of trash prior to the Commencement Date, and, upon Xxxxxxxx’s request, provide a Waste Profile Sheet or equivalent information concerning contents of trash; not permit any sound system audible or objectionable advertising medium visible outside the Premises; keep all mechanical equipment free of vibration and noise and in good working order and condition; not commit or permit waste or a nuisance upon the Premises; not permit or cause odors to emanate or be dispelled from the Premises; not solicit business in the Common Areas nor distribute advertising matter to, in or upon any Common Area; not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefor, nor permit any use of vehicles which will interfere with the use of any Common Areas; shall comply with all laws, recommendationsrules, orders, ordinances, rules directions, regulations and requirements of federal, state, county and municipal authorities regardless of when they become effective, pertaining to Tenant’s use or occupancy of the Premises and with any recorded covenants, conditions and restrictions, including, without limitation, all applicable federal, state and local laws, regulations of governmentalor ordinances pertaining to air, publicsoil and water quality, private Hazardous Materials (as defined in Section 29.3 hereof), waste disposal, air emissions and other authorities environmental, health and agenciessafety, including those zoning and land use matters, the Americans with authority over insurance ratesDisabilities Act or similar laws and with any directive or order of any public officer or officers, pursuant to law, which impose any duty upon Landlord or Tenant with respect to the use or occupancy of the Premises; (b) Tenant shall comply with all requirements of any authority or agency having jurisdiction over the insurance rates with respect to the use or occupancy of the Premises; (c) Landlord shall have the exclusive right to use the roof, side and rear walls of the Premises for any purpose, including but not limited to erecting signs or other structures on or over all or any part of the Americans same, erecting scaffolds and other aids to the construction and installation of the same, and installing, maintaining, using, repairing, and replacing pipes, ducts, conduits and wires leading through, to or from the Premises and serving other parts of the Project in locations which do not materially interfere with Disabilities Act Tenant’s use of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act; light Premises. Tenant shall have no right whatsoever to the show windows exterior or exterior walls, or the roof of the Premises and all signs each night or any portion of the year for not less than one (1) hour after the Premises is permitted to be closed; not permit any noxious, toxic or corrosive fuel or gas, dust, dirt or fly ash on the Premises; not place a load on any floor in the Center which exceeds the floor load per square foot which such floor was designed to carry; store in the Premises only merchandise which Tenant intends to sell at, in or from Project outside the Premises, within a reasonable time after receipt thereof. Landlord may make additional services, including but except as otherwise provided in this Lease; (d) Tenant agrees that it shall not limited to, music systems, pest control, trash removal, and/or trash compactor, cleaning, maintenance, and security, available to use or permit the Premises andto be used for an adult bookstore, in such eventadult motion picture theater, Tenant shall utilize such servicesnude or semi-nude entertainment club, at Tenant’s expenseor similar adult entertainment establishment.

Operation by Tenant. Tenant covenants and agrees that it will: not place or maintain any merchandise, vending machines or other articles in any vestibule or entry of the Premises or outside the Premises; store garbage, trash, rubbish and other refuse in rat-proof and insect-proof containers inside the Premises, and remove the same frequently and regularly and, if directed by XxxxxxxxLandlord, by such means and methods and at such times and intervals as are designated reasonably specified by Landlord, all at Tenant’s costs, including a pre-stocking charge for the removal of trash prior to the Commencement Date, and, upon Xxxxxxxx’s request, provide a Waste Profile Sheet or equivalent information concerning contents of trash's expense; not permit any sound system audible sounds to escape from the Premises which would result in a material and adverse interference with the business operations of the other tenants in the Project or objectionable permit any advertising medium visible outside of the PremisesPremises (except in compliance with the provisions of Section 10.1 hereof); keep all mechanical equipment reasonably free of vibration and noise and in good working order and condition; not commit or permit waste or a nuisance upon the Premises; not permit or cause odors to emanate or be dispelled from the Premises; not solicit business Premises to the extent same violates Applicable Law, becomes a nuisance, or materially adversely interferes with the use and enjoyment of any other tenant of Landlord of such tenant's premises in the Common Areas nor distribute advertising matter to, in or upon any Common AreaProject; not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefor, nor permit any use of vehicles which will interfere with the use of any Common Areas; comply with all laws, recommendations, ordinances, rules and regulations of governmental, public, private and other authorities and agencies, including those with authority over insurance rates, with respect to the use or occupancy of the Premises, and including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act; light the show windows of the Premises and all signs each night of the year for not less than one (1) hour after the Premises is permitted to be closed; not permit any noxious, toxic or corrosive fuel or gas, dust, dirt or fly ash on the Premises; and not place a load on any floor in the Center Project which exceeds the floor load per square foot which such floor was designed to carry; store in the Premises only merchandise which Tenant intends to sell at, in or from the Premises, within a reasonable time after receipt thereof. Landlord may make additional services, including but not limited to, music systems, pest control, trash removal, and/or trash compactor, cleaning, maintenance, and security, available to the Premises and, in such event, Tenant shall utilize such services, at Tenant’s expense.

Operation by Tenant. Tenant covenants and agrees that it will: not place or maintain any merchandise, vending machines or other articles in any vestibule or entry of the Premises or outside the Premises; store garbage, trash, rubbish and other refuse in rat-proof and insect-proof containers inside the Premises, and remove the same frequently and regularly and, if directed by XxxxxxxxLandlord, by such means and methods and at such times and intervals as are designated by Landlord, all at Tenant’s 's costs, including a pre-stocking charge for the removal of trash prior to the Commencement Date, and, upon Xxxxxxxx’s request, provide a Waste Profile Sheet or equivalent information concerning contents of trash; not permit any sound system audible or objectionable advertising medium visible outside the Premises; keep all mechanical equipment free of vibration and noise and in good working order and condition; not commit or permit waste or a nuisance upon the Premises; not permit or cause odors to emanate or be dispelled from the Premises; not solicit business in the Common Areas nor distribute advertising matter to, in or upon any Common Area; not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefor, nor permit any use of vehicles which will interfere with the use of any Common Areas; comply with all laws, recommendations, ordinances, rules and regulations of governmental, public, private and other authorities and agencies, including those with authority over insurance rates, with respect to the use or occupancy of the Premises, and including but not limited to the Americans with Disabilities Act of 1990 and the XxxxxxxxWillxxxx-Xxxxxxx Occupational Xxxupational Safety and Health Act; light the show windows of the Premises and all signs each night of the year for not less than one (1) hour after the Premises is permitted to be closed; not permit any noxious, toxic or corrosive fuel or gas, dust, dirt or fly ash on the Premises; not place a load on any floor in the Shopping Center which exceeds the floor load per square foot which such floor was designed to carry; . Tenant shall store in the Premises only merchandise which Tenant intends to sell at, in or from the Premises, within a reasonable time after receipt thereof. Landlord may make additional services, including but not limited to, music systems, pest control, trash removal, and/or trash compactor, cleaning, maintenance, and security, available to the Premises and, in such event, Tenant shall utilize such services, at Tenant’s expense's expense provided such services are comparably priced with those Tenant could obtain from an independent third party provider thereof in an arms-length transaction.

Operation by Tenant. Tenant covenants and agrees that it will: (a) not place or maintain any merchandise, vending machines or other articles in any vestibule or entry of the Premises premises or outside the Premisespremises; (b) store garbage, trash, rubbish and other refuse in rat-proof and insect-proof containers inside the Premisespremises, and remove the same from the rear of the premises frequently and regularly and, if directed by XxxxxxxxLandlord, by such means and methods and at such times and intervals as are designated by Landlord, all at Tenant’s 's costs, including a pre-stocking charge for the removal of trash prior to the Commencement Date, and, upon Xxxxxxxx’s request, provide a Waste Profile Sheet or equivalent information concerning contents of trash; (c) not permit any sound system audible or objectionable advertising medium visible outside the Premisespremises; (d) keep all mechanical equipment free of vibration and noise and in good working order and condition; not commit or permit waste or a nuisance upon the Premisespremises; (e) not permit or cause odors to emanate or be dispelled from the Premisespremises; not solicit business in the Common Areas nor distribute advertising matter to, in or upon any Common Area; (f) not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefortherefore, nor permit any use of vehicles which will interfere with the use of any Common Areascommon area in the center; (g) comply with all laws, recommendations, ordinances, rules and regulations of governmental, public, private and other authorities and agencies, including those with authority over insurance rates, with respect to the use or occupancy of the Premisespremises, and including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act; (h) light the show windows of the Premises and all signs each night of the year for not less than one (1) hour after the Premises premises is permitted to be closed; (i) not permit any noxious, toxic or corrosive fuel or gas, dust, dirt or fly ash on the Premisespremises; (j) not place a load on any floor in the Shopping Center which exceeds the floor load per square foot which such floor was designed to carry; store in the Premises only merchandise which Tenant intends to sell at, in or from the Premises, within a reasonable time after receipt thereof. Landlord may make additional services, including but not limited to, music systems, pest control, trash removal, and/or trash compactor, cleaning, maintenance, and security, available to the Premises and, in such event, Tenant shall utilize such services, at Tenant’s expense.

Operation by Tenant. Tenant covenants and agrees that it willto the following: ------------------- (a) Tenant shall not place or maintain any merchandise, vending machines or other articles in any vestibule or entry of the Premises or outside the Premises; premises. (b) Tenant shall store garbage, trash, rubbish and other refuse in rat-proof and insect-proof containers inside the Premises, and . Tenant shall remove the same frequently and regularly andregularly, if directed by Xxxxxxxx, subject to direction of Landlord by such means and methods and at such times and intervals as are designated by Landlord, all at Tenant’s costs, including a pre-stocking charge for the removal of trash prior to the Commencement Date, and, upon Xxxxxxxx’s request, provide a Waste Profile Sheet or equivalent information concerning contents of trash; 's cost. (c) Tenant shall not permit any audible sound system audible or objectionable visible advertising medium visible outside the Premises; . (d) Tenant shall keep all mechanical equipment free of vibration and noise noise, and in good working order and condition; . (e) Tenant shall not commit or permit waste or a nuisance upon the Premises; , and shall not permit or cause odors to emanate or be dispelled from the Premises; . (f) Tenant shall not solicit business in the Common Areas Area nor distribute advertising matter to, in or upon any the Common Area; . (g) Tenant shall not permit the loading or unloading unloading, or the parking or standing of delivery vehicles outside any area not designated therefortherefore, nor permit any use of vehicles which will interfere with the use of any the Common Areas; Area in the Center nor permit its employees to park anywhere in the Center other than those areas designated from time to time by Landlord as "employee parking areas". (h) Tenant shall comply with all laws, recommendations, ordinances, rules and regulations of governmental, public, governmental agencies whether public or private and other authorities and agencies, including those with authority over insurance rates, with respect to the use or occupancy of the Premises, and including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act; light the show windows of the Premises and all signs each night of the year for not less than one . (1i) hour after the Premises is permitted to be closed; Tenant shall not permit any noxious, toxic or corrosive fuel or gas, dust, dirt or fly ash on the Premises; not , nor place a load on any floor in the Center which exceeds the floor load per square foot which such floor was designed to carry; store in . (j) Landlord shall have the exclusive right to use all or part of the roof, side and rear walls of the Premises only merchandise which Tenant intends to sell at, in or from the Premises, within a reasonable time after receipt thereof. Landlord may make additional servicesfor any purpose, including but not limited toto erecting signs or other structures on or over all or any part of the same, music systems, pest control, trash removal, and/or trash compactor, cleaning, maintenanceerecting scaffolds and other aids to the construction and installation of the same, and securityinstalling, available maintaining, using, repairing, and replacing pipes, duct, conduits and wires leading through, to or from the Premises and serving other parts of the Center in locations which do not materially interfere with Tenant's use of the Premises; and (k) Tenant shall have no rights whatsoever to the exterior or exterior walls, or the roof of the Premises andor any portion of the Center outside the Premises, except as otherwise provided in such event, Tenant shall utilize such services, at Tenant’s expensethis Lease.

Operation by Tenant. A. Subject to Section 8.4 below, Tenant covenants and agrees that it will: not place or maintain any merchandise, vending machines or other articles in any vestibule or entry of the Premises or outside the Premises, not permit any gaming or gaming devices in the Premises without the prior written consent of Landlord (which consent may be withheld in Landlord’s sole discretion); store dispose of garbage, trash, rubbish and other refuse in rat-proof and insect-proof containers inside provided outside the Premises, Premises by Landlord and remove the same frequently and regularly andregularly, if directed by Xxxxxxxx, by such means and methods and at such times and intervals as are designated by Landlord, all at Tenant’s costs, including a pre-stocking charge for the removal of trash prior to the Commencement Date, and, upon Xxxxxxxx’s request, provide a Waste Profile Sheet or equivalent information concerning contents of trash; not permit any sound system audible or objectionable advertising medium visible outside the Premisesneeded; keep all mechanical equipment within the Premises free of unreasonable vibration and noise and in good working order and condition; not commit or permit waste or a nuisance upon the Premises; not permit or cause objectionable odors to emanate or be dispelled from the PremisesPremises (provided that normal restaurant odors shall not be deemed a violation of the foregoing); not solicit business in the Common Areas nor distribute advertising matter to, in or upon any Common AreaAreas; not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefor, nor permit any use of vehicles which will interfere with the use of any Common Areas; comply with all laws, recommendations, ordinances, rules and regulations of governmental, public, private and other governmental authorities and agencies, including those with authority over insurance rates, agencies with respect to the specific use or occupancy of the PremisesPremises by Tenant, and including but not limited to the Occupational Safety and Health Act and the Americans with Disabilities Act of 1990 (provided that Landlord shall, at Landlord’s expense, be responsible for complying with all laws of general applicability, without regard to Tenant’s specific use); and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act; light the show windows of the Premises and all signs each night of the year for not less than one (1) hour after the Premises is permitted to be closed; not permit any noxious, toxic or corrosive fuel or gas, dust, dirt or fly ash gas on the Premises; . B. Tenant acknowledges that Landlord’s security department and security officers are not place a load on any floor in the Center which exceeds the floor load per square foot which such floor was designed to carry; store responsible for providing security services in the Premises only merchandise which Tenant intends to sell at, in or from and that all such responsibility is the Premises, within a reasonable time after receipt thereofobligation of Tenant. Landlord may make additional services, including but not limited to, music systems, pest control, trash removal, and/or trash compactor, cleaning, maintenance, and security, available to the Premises and, in such event, Tenant shall utilize such services, at exercise its reasonable business judgment as to whether it shall employ its own security personnel. In no event shall Landlord be liable to Tenant or any third-party for the security department’s failure to respond to a request for aid or assistance by Tenant’s expense.

Operation by Tenant. Tenant covenants and agrees that it will: not place or maintain any merchandise(a) Tenant, vending machines or other articles in any vestibule or entry of the Premises or outside the Premises; store garbage, trash, rubbish and other refuse in rat-proof and insect-proof containers inside the Premises, and remove the same frequently and regularly and, if directed by Xxxxxxxx, by such means and methods and at such times and intervals as are designated by Landlord, all at Tenant’s costs's expense, including a pre-stocking charge for the removal of trash prior to the Commencement Date, and, upon Xxxxxxxx’s request, provide a Waste Profile Sheet or equivalent information concerning contents of trash; not permit any sound system audible or objectionable advertising medium visible outside the Premises; keep all mechanical equipment free of vibration and noise and in good working order and condition; not commit or permit waste or a nuisance upon the Premises; not permit or cause odors to emanate or be dispelled from the Premises; not solicit business in the Common Areas nor distribute advertising matter to, in or upon any Common Area; not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefor, nor permit any use of vehicles which will interfere with the use of any Common Areas; shall comply with all laws, recommendationsrules, orders, ordinances, rules directions, regulations and requirements of federal, state, county and municipal authorities regardless of when they become effective, pertaining to Tenant's use or occupancy of the Premises and with any covenants, conditions and restrictions, including, without limitation, all applicable federal, state and local laws, regulations of governmentalor ordinances pertaining to air, publicsoil and water quality, private Hazardous Materials (as defined below), waste disposal, air emissions and other authorities environmental, health and agenciessafety, zoning and land use matters, including those all Environmental Requirements (as defined below), the Americans with authority over insurance ratesDisabilities Act or similar laws (as amended, “ADA”) and with any directive or order of any public officer or officers, pursuant to law, which impose any duty upon Landlord or Tenant with respect to the use or occupancy of the Premises (the “Legal Requirements”). Landlord is not aware of and has no reason to believe there are any such circumstances or conditions in or on the premises or the property other than the proper use, storage and disposal of certain materials customarily used in Tenants light manufacturing activities within the premises. (b) Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floors or structure of the Premises or Building or subject the Premises to use that would damage the Premises, the Building or the Project. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project or any adjacent or neighboring property owners or occupants. In no event may Tenant engage in any action or inaction which would cause a change in the zoning classification (including any variances or so-called “grandfathered” benefits) which is currently applicable to the Premises. Outside storage, including without limitation, storage of non-operational trucks, trailers and other vehicles, parts and supplies is prohibited without Landlord’s prior written consent. Tenant shall not use the Premises and areas surrounding the Premises as a place of public accommodation under the ADA or similar laws. Tenant shall not conduct an auction, liquidation, or going out of business sale on the Premises or areas surrounding the Premises, including the Common Areas (as defined in this Lease) without Landlord’s prior written consent. (c) Tenant shall be responsible, at its sole cost and expense, for obtaining and keeping in full force and effect, under the terms of the Legal Requirements, any and all permits, approvals, authorizations and/or licenses which are required or necessary for the use and/or occupation of the Premises, or to establish, operate, and conduct its business operations in the Premises, as well as for any specific new permits, approvals, authorizations and/or licenses that may be required or necessary for carrying out Tenant made alterations or Tenant Additions (defined below). (d) Tenant shall supply and maintain at its expense any fire extinguishers or other fire prevention equipment or systems relating to or required by Tenant’s use of the Premises as required by Legal Requirements. Tenant shall be responsible for all keys and security of the Premises at its sole cost and expense. (e) Landlord shall have the exclusive right to use, rent or exploit for any purpose (provided Landlord’s use does not unreasonably interfere with or restrict Tenant’s use of the Building or Premises) the roof and exterior walls of the Building or Premises, or any other areas of the Project, including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act; light the show windows erecting signs or other structures on or over all or any part of the Premises same, erecting scaffolds and all signs each night other aids to the construction and installation of the year for not less than one (1) hour after the Premises is permitted same, and installing, maintaining, using, repairing, and replacing pipes, ducts, solar and electronic systems or devices, conduits and wires leading through, to be closed; not permit any noxious, toxic or corrosive fuel or gas, dust, dirt or fly ash on the Premises; not place a load on any floor in the Center which exceeds the floor load per square foot which such floor was designed to carry; store in the Premises only merchandise which Tenant intends to sell at, in or from the Premises, within a reasonable time after receipt thereofBuilding and Premises and serving other parts of the Project. Landlord may make additional services, including but not limited to, music systems, pest control, trash removal, and/or trash compactor, cleaning, maintenance, and security, available to the Premises and, in such event, Tenant shall utilize such serviceshave no right whatsoever to use the exterior walls or roof of the Building or Premises in the Building, at Tenant’s expenseexcept as otherwise provided in this Lease. Tenant shall not penetrate in any manner the exterior walls or roof of the Building or Premises.

Operation by Tenant. Tenant covenants and agrees that it will: not place or maintain any merchandise, vending machines or other articles in any vestibule or entry of the Premises or outside the Premises; store garbage, trash, rubbish and other refuse in rat-proof and insect-proof containers inside the Premises, and remove the same frequently and regularly and, if directed by XxxxxxxxLandlord, by such means and methods and at such times and intervals as are reasonably designated by Landlord, all at Tenant’s costs, 's costs including a pre-stocking charge for the removal of trash prior to the Commencement Date, and, upon Xxxxxxxx’s Landlord's request, provide a Waste Profile Sheet or equivalent information concerning contents of trash; not permit any sound system audible or objectionable advertising medium visible outside the Premises; keep all mechanical equipment free of vibration and noise and in good working order and condition; not commit or permit waste or a nuisance upon the Premises; not permit or cause odors to emanate or be dispelled from the Premises; not solicit business in the Common Areas nor distribute advertising matter to, in or upon any Common Area; not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefor, nor permit any use of vehicles which will interfere with the use of any Common Areas; subject to Section 9.1, comply with all laws, recommendations, ordinances, rules and regulations of governmental, public, private and other authorities and agencies, including those with authority over insurance rates, with respect to the use or occupancy of the Premises, and including but not limited to the Americans with Disabilities Act of 1990 and the XxxxxxxxWilliams-Xxxxxxx Steiger Occupational Safety and Health Saxxxx xxx Xxxxxx Act; light the show windows of the Premises and all signs each night of the year for not less than one (1) hour after the Premises is permitted to be closed; not permit any noxious, toxic or corrosive fuel or gas, dust, dirt or fly ash on the Premises; not place a load on any floor in the Shopping Center which exceeds the floor load per square foot which such floor was designed to carry; store in the Premises only merchandise which Tenant intends to sell at, in or from the Premises, within a reasonable time after receipt thereof. Landlord may make additional services, including but not limited to, music systems, pest control, trash removal, and/or trash compactor, cleaning, maintenance, and security, available to the Premises and, in such event, to the extent Tenant desires such services, Tenant shall utilize such services, at Tenant’s expense's expense which shall be reasonable and competitive.

Operation by Tenant. Tenant covenants and agrees that it will: not place or maintain any merchandise, vending machines or other articles in any vestibule or entry of the Premises or outside the Premises; store garbage, trash, rubbish and other refuse in rat-proof and insect-proof containers inside the Premises, and remove the same frequently and regularly and, if directed by XxxxxxxxLandlord, by such means and methods and at such times and intervals as are designated by Landlord, all at Tenant’s costs, including a pre-stocking charge for the removal of trash prior to the Commencement Date, and, upon Xxxxxxxx’s request, provide a Waste Profile Sheet or equivalent information concerning contents of trash's cost; not permit any sound system system, audible or objectionable advertising medium visible outside the Premises; keep all mechanical equipment free of vibration and noise and in good working order and condition; not commit or permit waste or a nuisance upon the Premises; not permit or cause odors to emanate or be dispelled from the Premises; not solicit business in the Common Areas nor distribute advertising matter to, in or upon any Common AreaAreas; not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefor, nor permit any use of vehicles which will interfere with the use of any Common Areas; comply with all laws, recommendations, ordinances, rules and regulations of governmental, public, private and other authorities and agencies, including those with authority over insurance rates, with respect to the use or occupancy of the Premises, and including but not limited to the Americans with Disabilities Act of 1990 and the XxxxxxxxWillxxxx-Xxxxxxx Occupational Xxxupational Safety and Health Act; light the show windows of the Premises and all signs each night of the year for not less than one (1) hour after the Premises is permitted to be closed; not permit any noxious, toxic or corrosive fuel or gas, dust, dirt or fly ash on the Premises; not place a load on any floor in the Center which exceeds the floor load per square foot which such floor was designed to carry; store and not permit any game machines (electronic or otherwise) to exist in the Premises only merchandise which Tenant intends or to sell at, be used in or from the Premises, within a reasonable time after receipt thereof. Landlord may make additional services, including but not limited to, music systems, pest control, trash removal, and/or trash compactor, cleaning, maintenance, and security, available to the Premises and, in such event, Tenant shall utilize such services, at Tenant’s expense.

Operation by Tenant. Without limitation, Tenant covenants and agrees that it will: to the following: A. Tenant will not place or maintain any merchandise, vending machines or other articles in any vestibule or entry of the Premises, outside the Premises or outside in the Premises; Common Area; B. Tenant will not permit undue accumulations of garbage, trash, rubbish, or other refuse and will store garbage, trash, rubbish and other refuse in rat-proof and insect-proof containers inside the Premises, and remove the same frequently and regularly and, if directed by XxxxxxxxLandlord, by such means and methods and at such times and intervals as are designated by Landlord, all at Tenant’s costs, including a pre-stocking charge for the removal of trash prior to the Commencement Date, and, upon Xxxxxxxx’s request, provide a Waste Profile Sheet or equivalent information concerning contents of trash; 's cost; C. Tenant will not permit any sound system which is audible outside the Premises, nor use or permit the use of any objectionable advertising medium visible outside such as, without limitation, loudspeakers, phonographs, public address systems, sound amplifiers, radio or broadcast within the improvements in such manner that any sounds reproduced, transmitted or produced shall be directed primarily beyond the interior of the Premises; , and will keep all mechanical apparatus free of objectionable vibration and noise which may be transmitted beyond the interior of the Premises; D. Tenant will keep all mechanical equipment free of vibration and noise and in good working order and condition; ; E. Tenant will not commit or permit suffer waste in, on or a nuisance upon about the Premises; , the Complex or the Common Areas; F. Tenant will not permit or cause odors to emanate or be dispelled from the Premises; ; G. Tenant will not create, cause, maintain or permit any nuisance in, or about the Premises, the Complex, or the Common Areas; H. Tenant will not solicit business in the Common Areas nor distribute advertising matter to, in or upon any Common Area; Areas; I. Tenant will not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefor, nor permit any use of vehicles which will interfere with the use of any Common Areas; ; J. Subject to the limitations set forth in Section 12.5 below, Tenant will comply with all laws, recommendations, ordinances, rules and regulations of governmental, public, private and other authorities and agencies, including those with authority over insurance rates, with respect to the use or occupancy of the Premises, and including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act; light the show windows of the Premises and all signs each night of the year for not less than one (1) hour after the Premises is permitted to be closed; ; K. Tenant will not permit any noxious, toxic or corrosive fuel (other than diesel fuel for Tenant's generators) or gas, dust, dirt or fly ash on in the Premises; ; L. Tenant will not place a load on any floor in the Center Complex which exceeds the floor load per square foot which such floor was designed to carry; store in ; M. Tenant will not operate any fast food business open to the Premises only merchandise which Tenant intends to sell at, in or from public on the Premises, within a reasonable time after receipt thereof. Landlord may make additional services, including but not limited to, music systems, pest control, trash removal, and/or trash compactor, cleaning, maintenance, and security, available to the Premises and, in such event, Tenant shall utilize such services, at Tenant’s expense.;

Operation by Tenant. A. Tenant covenants and agrees that it will: not place or maintain any merchandise, goods, vending machines or other articles in any vestibule or entry of the Premises or outside the Premises, not permit any gaming or gaming devices in the Premises; store garbage, trash, rubbish and other refuse in rat-proof and insect-proof containers inside the Premises, and remove the same frequently and regularly and, if directed by XxxxxxxxLandlord, by such means and methods and at such times and intervals as are designated by Landlord, all at Tenant’s costs, including a pre-stocking charge for the removal of trash prior to the Commencement Date, and, upon Xxxxxxxx’s request, provide a Waste Profile Sheet or equivalent information concerning contents of trashexpense; not permit any sound system audible audible, or objectionable advertising medium visible visible, outside the Premises; keep all mechanical equipment free of vibration and noise and in good working order and condition; not commit or permit waste or a nuisance upon the Premises; not permit or cause odors to emanate or be dispelled from the Premises; not solicit business in the Common Areas nor Areas; not distribute advertising matter to, in or upon any Common AreaAreas; not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefor, nor permit any use of vehicles which will interfere with the use of any Common Areas; comply with all laws, recommendations, ordinances, rules and regulations of governmental, public, private and other authorities and agencies, including those with authority over insurance rates, with respect to the use or occupancy of the Premises, and including but not limited to the Americans with Disabilities Act of 1990 OSHA and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health ActADA; light the show windows of the Premises and all signs each night of the year for not less than one (1) hour after the Premises is permitted to be closedyear; not permit any noxious, toxic or corrosive fuel or gas, dust, dirt or fly ash on the Premises; not place a load on any floor in the Center Hotel Complex which exceeds the floor load per square foot which such floor was designed to carry; store . Notwithstanding the foregoing, Tenant shall obtain Landlord’s advance written consent, which consent shall be at Landlord’s sole and absolute discretion as to the presentation, audio, volume and content of all visual displays and projections shown on the exterior walls of the Premises. B. Tenant acknowledges that Landlord’s security department and security officers are not responsible for providing security services in the Premises only merchandise which and that all such responsibility is the obligation of Tenant. In no event shall Landlord be liable to Tenant intends or any third-party for the security department’s failure to sell atrespond to a request for aid or assistance by Tenant. C. Tenant, in the conduct of Tenant’s business, will maintain price schedules competitive with prices for similar products and services as charged by similar businesses, if any, in other first class resort hotels on the “Strip” in the Las Vegas, Nevada area. D. Tenant’s method of conducting Tenant’s business in the Premises shall at all times be in keeping with and not inconsistent with or detrimental to the operation by Landlord of an exclusive, first-class resort hotel facility. Landlord reserves the right to disapprove any item of merchandise or goods which it deems to be inappropriate, offensive or contrary to the intended use of the Premises and Tenant shall remove such item from the Premises upon Landlord’s written notice. If any criminal and/or civil action or proceeding is initiated by any law enforcement agency or authority, including an attorney general, against Tenant or any of its subsidiaries, Affiliates and/or related entities related to the Bodies Exhibition, any such action or proceeding shall constitute good cause for Landlord to terminate Tenant’s right to present the Bodies Exhibition at the Premises. Any such action by Landlord shall not affect Tenant’s obligation to pay Minimum Monthly Rent and other charges due under this Lease. Tenant shall have the option to propose alternative uses of the space but any new use shall be subject to Landlord’s prior written approval exercising sole and absolute discretion. Landlord shall also be permitted to terminate Tenant’s right to present the Bodies Exhibition in the Premises if Landlord determines, in its reasonable discretion, that the Bodies Exhibition negatively impacts the Hotel Complex and/or Landlord’s reputation, good will, and/or image. Any such action by Landlord shall be deemed for good cause and shall not affect Tenant’s obligation to pay Minimum Monthly Rent and other charges due under this Lease. Tenant shall have the option to propose alternative uses of the space but any new use shall be subject to Landlord’s prior written approval exercising sole and absolute discretion. If Tenant’s right to present the Bodies Exhibition has been terminated by Landlord under this subsection and the parties have not agreed to a new use within six (6) months, Tenant shall pay additional Minimum Monthly Rent equal to fifty percent (50%) of the then current Minimum Monthly Rent for the Premises until such time as a new use is agreed to, if ever. E. In the event that Tenant maintains a “No Refund” policy or a “No Return — Exchanges Only” policy on admissions, merchandise and/or goods, Tenant shall post a sign at each register to inform customers of such policy. F. Tenant hereby acknowledges that the Cxxxx County Health District (“Health District”) inspects food establishments located in Cxxxx County, Nevada for the purpose of noting violations (each a “Violation”) of the Health District’s codes, standards and/or rules relative to the sanitary operation of food establishments. As a result of such inspections, the Health District issues ratings of A (with A being the highest — food establishments with the least Violations), B, C, D and F (with F being the lowest) (each a “Rating”). Landlord and Tenant hereby agree that tenants located in first class resort/hotel facilities must meet all of the Health District’s codes, standards and/or rules and operate in the safest, most sanitary way possible. As a result, Landlord and Tenant hereby agree that an A Rating is required for the Premises, or any portion thereof, to be operating in accordance with the operation of a first class resort/hotel facility. Therefore, if Tenant’s Rating relative to the Premises, or any portion thereof, is downgraded below an A, and without limiting any other provision of this Lease, the following shall apply: (i) If Tenant’s Rating for the Premises is downgraded to a B, Tenant shall have three (3) business days from the time of such downgrading to correct each Violation (or such shorter or longer period of time as required by the Health District to correct such violation) and request the Health District to re-inspect the Premises. Such request shall be addressed to the Health District and shall be in writing, and Tenant shall forthwith provide a copy of such request to Landlord. If the Health District reinspects the Premises but, following such reinspection, does not reinstate Tenant’s A Rating, Tenant shall be deemed to have caused a material breach of, and to be in default under, this Lease. In that event, Tenant shall have an additional three (3) business days to correct each Violation and if Tenant fails to correct each Violation to the satisfaction of Landlord and within such three (3) business days period, Landlord may, in Landlord’s sole and absolute discretion, terminate this Lease. (ii) If Tenant’s Rating for the Premises is at any time downgraded to a C or lower, Tenant shall have three (3) business days from the time of such downgrading to correct each Violation (or such shorter or longer period of time as required by the Health District to correct such violation) to the satisfaction of Landlord and request the Health District to reinspect the Premises. Such request shall be addressed to the Health District and shall be in writing, and Tenant shall forthwith provide a copy of such request to Landlord. If the Health District reinspects the Premises but, following such reinspection, does not reinstate Tenant’s A Rating, or if Tenant fails to correct each Violation to the satisfaction of Landlord, Tenant shall be deemed to have caused a material breach of, and to be in default under, this Lease. In that event, Tenant shall have an additional three (3) business days to correct each Violation and if Tenant fails to correct each Violation to the satisfaction of Landlord and within such three (3) business days period, Landlord may, in Landlord’s sole and absolute discretion, terminate this Lease. (iii) Notwithstanding subparagraphs (i) and (ii) above, If Tenant’s Rating for the Premises is downgraded to a B or lower more than three (3) times during any consecutive eighteen (18) month period (whether or not Tenant’s Rating is in any such case reinstated to an A but excluding any downgrade which is later rescinded by the Health District as opposed to the reinstatement of an A rating), Tenant shall be deemed to have caused a material breach of, and to be in default under, this Lease. In that event, Landlord may, in Landlord’s sole and absolute discretion, terminate this Lease pursuant to Article XVII of this Lease. Without limiting the foregoing or any other provision of this Lease, Landlord reserves the right to enter the Premises at any time, without notice and at Tenant’s sole cost and expense to cure a Violation which creates, in Landlord’s reasonable judgment, an immediate risk of injury or illness to guests and/or patrons of the Hotel Complex. Tenant shall promptly notify Landlord in writing each time after receipt thereofthat Tenant’s Premises is inspected by the Health District and Tenant shall forthwith provide to Landlord copies of any and all correspondence, Violations, citations, documents or other information received from, sent to, or in connection with, the Health District and the Premises. G. Tenant shall forthwith notify Landlord in writing each time that the Premises is inspected by, or Tenant receives a citation, notice of violation or citation, or inquiry, from the Nevada Industrial Relations Division or the United States Department of Occupational Safety and Health (each an “OSHA Enforcement Agency”) or any other regulatory body. In addition, Tenant shall forthwith provide to Landlord may make additional servicescopies of any and all correspondence, including violations, citations, documents or other information received from, sent to, or in connection with, the Premises and an OSHA Enforcement Agency. In the event Tenant is cited or notified by an OSHA Enforcement Agency of a violation of any law, recommendation, ordinance, rule, regulation or requirement enforced by an OSHA Enforcement Agency including, but not limited to, music systems, pest control, trash removal, and/or trash compactor, cleaning, maintenancethe Occupational Safety and Health Act, and security, available to the Premises and, in such eventwithout limiting any other provision of this Lease, Tenant shall utilize such promptly (but in no event later than the time allowed by the OSHA Enforcement Agency ) respond to the citation or violation in writing addressed to the OSHA Enforcement Agency (a copy of which Tenant shall at the same time provide to Landlord) and correct the violation(s) in question to the satisfaction of the OSHA Enforcement Agency and Landlord. All notices, documentation and information to be provided by Tenant to Landlord pursuant to this subsection shall be sent to the Luxor Hotel and Casino, Safety Department, 3000 Xxx Xxxxx Xxxxxxxxx Xxxxx, Xxx Xxxxx, Xxxxxx 00000. H. Notwithstanding the foregoing or anything to the contrary contained herein, in the event a dispute shall arise between Tenant and any of Tenant’s customers concerning the acceptability of Tenant’s services, at merchandise or goods which results in a customer demanding a refund from Landlord, Landlord may in good faith and in the exercise of a reasonable business judgment make such refund or rebate to avoid embarrassment to the Hotel Complex and to retain the goodwill of Tenant’s expensecustomers. In such case, Tenant will forthwith reimburse Landlord in the amount of such refund or rebate. I. Tenant may not store, use or operate any equipment at the Hotel Complex which interferes with the operation of any other equipment at the Hotel Complex by any other tenant, licensee, contractor or subcontractor.