Operation of the Development. Landlord covenants that it will operate and main- tain the Development in a first-class condition and will not allow any use at the Development that (i) causes or creates a nuisance, (ii) is obnoxious, or (iii) generally detracts from the first-class nature of the Develop- ment including the following prohibited uses: a “drug-involved premises” (as defined in 21 U.S.C. § 856); funeral/cremation establishment; automobile, boat, or other motor vehicle sale, leasing, repair, or display establishment (e.g., used car lot, body repair facility, or service station); auction, bankruptcy, fire sale, or going out of business sale establishment; pawn shop; circus, carnival, amusement park; bowling alley; shooting gallery (e.g., a firearm range); off-track betting facility; bookstore, theater, or other facility selling or displaying books, magazines, literature, photographs, films, or videos containing Adult Material (as de- fined below); any residential use (e.g., living quarters, sleeping apartments, or lodging rooms); massage parlor (other than a regional or national chain such as Massage Envy); tattoo parlor; or vaping, cigar, smok- ing, marijuana, or “head” shop. “Adult Material” means any printed or pictorial work that appeals to a prurient interest in sex, is patently offensive according to contemporary community standards, and has no serious literary, artistic, political, or scientific value, and any printed or pictorial work rated X, XX, XXX (or of a rating assigned to works containing material more sexually explicit than XXX). Notwithstanding anything set forth to the contrary in this Lease, material will not be considered Adult Material if: (1) it is available, or of the type to be available to the community, through a broadcast network (i.e., NBC, ABC, or CBS) or (2) it is or has been in a public cinema or theater for viewing by the public in the community where the Premises are located; provided, however, that any material rated X, XX, XXX, or rated for more sex- ually explicit content than XXX, will be considered Adult Material regardless of how it is available for viewing by the general public in the community where the Premises are located.
Operation of the Development
