Prompt Occupancy and Use. Tenant will occupy the Premises upon the Commencement Date and thereafter continuously operate and conduct in one hundred percent (100%) of the Premises during each hour of the entire Lease Term when Tenant is required under this Lease to be open for business the business permitted under Section 8.1 hereof, with a full staff and full stock of merchandise, using only such minor portions of the Premises for storage and office purposes as are reasonably required. The parties agree that: Landlord has relied upon Xxxxxx’s occupancy and operation in accordance with the foregoing provisions; because of the difficulty or impossibility of determining Landlord’s damages which would result from Tenant’s violation of such provisions, including but not limited to damages from loss of Percentage Rent from Tenant and other tenants, and diminished saleability, mortgageability and economic value, Landlord shall be entitled to liquidated damages if it elects to pursue such remedy; therefore for any day that Tenant does not fully comply with the provisions of this Section 8.2 the Minimum Annual Rent, prorated on a daily basis, shall be increased by twenty-five percent (25%), such increased sum representing the damages which the parties agree Landlord will suffer by Xxxxxx’s noncompliance. In addition to all other remedies, Landlord shall have the right to obtain specific performance by Tenant upon Xxxxxx’s failure to comply with the provisions of this Section 8.2.
Prompt Occupancy and Use. Tenant will occupy the Premises upon the Commencement Date and thereafter continuously operate and conduct in 100% of the Premises during each hour of the entire Lease Term when Tenant is required under this Lease to be open for business the business permitted under Section 8.1 hereof, with a full staff and full stock of merchandise, using only such minor portions of the Premises for storage and office purposes as are reasonably required. Tenant shall not be required to use any mezzanine areas in the Premises. The parties agree that: Landlord has relied upon Tenant's occupancy and operation in accordance with the foregoing provisions; because of the difficulty or impossibility of determining Landlord's damages which would result from Tenant's violation of such provisions, including but not limited to damages from loss of Percentage Rent from Tenant and other tenants, and diminished saleability, mortgageability and economic value, Landlord shall be entitled to liquidated damages if it elects to pursue such remedy; therefore for any day that Tenant does not fully comply with the provisions of this Section 8.2 the Minimum Annual Rent, prorated on a daily basis, shall be increased by 1/365th of the previous twenty-four (24) month average of Monthly Rent and Percentage Rent payable by Tenant, such increased sum representing the damages which the parties agree Landlord will suffer by Tenant's noncompliance. In addition to all other remedies, Landlord shall have the right to obtain specific performance by Tenant upon Tenant's failure to comply with the provisions of this Section 8.2. Tenant, upon ten (10) days prior written notice to Landlord, may close up to five (5) days per year.
Prompt Occupancy and Use. Tenant shall occupy the Premises upon commencement of the Term and thereafter will continuously use the Premises for the Permitted Use and for no other purpose whatsoever.
Prompt Occupancy and Use. A. Subject to the provisions of Section 8.2 hereof, Tenant covenants and agrees that, continuously and uninterruptedly from and after its initial opening for business, it will operate and conduct within the Premises the business it is permitted to operate and conduct under the provisions of this Lease, except while the Premises are untenantable by reason of fire or other casualty, condemnation, or causes beyond the reasonable control of Tenant and except as is otherwise provided herein. Tenant agrees to conduct its business at all times in a first class manner consistent with reputable business standards, and that it will at all times keep and maintain within and upon the Premises an adequate stock of merchandise and trade fixtures to service and supply the usual and ordinary demands and requirements of its customers and that it will keep the Premises in a neat, clean and orderly condition. Tenant also agrees to conduct Tenant's business under one of the trade names as stated in Section L of the Basic Lease Provisions and for the uses stated in Section L of the Basic Lease Provisions; provided that said tradename may be changed in connection with a change of the concept of Tenant's business upon the Premises, as same may be permitted hereunder. Tenant shall have the right to close the Premises temporarily (hereinafter defined) for the following purposes: (i) remodeling the interior of the Premises, provided, however, that such remodeling is consistent with the provisions of this Lease and its Exhibits, the permitted closing for such remodeling shall not exceed one hundred twenty (120) days and Tenant commences such remodeling work on or before the ninetieth (90th) day after its initial closing for remodeling; (ii) special events, such as weddings or other private parties, provided the permitted closing for such special event does not exceed twenty four (24) hours. Tenant agrees to deliver written notice to Landlord of such temporary closing, and the reason therefor, no later than five (5) days prior to the first date of such temporary closing.
B. The parties agree that Tenant's obligations under this Article go to the essence of the parties' agreement hereunder and the parties covenant and agree that it will be extremely difficult if not impossible to determine Landlord's damages by way of loss of the anticipated Percentage Rental from Tenant, or other tenants or occupants in the Retail Area, should Tenant fail to continuously keep open the Premises and op...
Prompt Occupancy and Use. Tenant shall occupy the Premises upon commencement of the Main Term and thereafter shall continuously occupy and use the Premises for the permitted use as set forth in clause (i) of the Fundamental Lease Provisions ("Permitted Use") and for no other purpose whatsoever without the prior written consent of Landlord. If Tenant vacates the Premises for a period exceeding three (3) consecutive calendar months at any time during the Term, unless due to a Casualty or approved Transfer, Landlord shall have the right (but not the obligation) to terminate this Lease and recapture the Premises, but if Tenant is not otherwise in default under this Lease, Landlord shall not be entitled to recover damages or collect Rent (beyond the date of Landlord's termination) as a result thereof.
Prompt Occupancy and Use. Tenant shall occupy the Premises upon commencement of the Term and thereafter will continuously use the Premises for the Permitted Use and for no other purpose whatsoever; provided that, if the Premises are Ready for Occupancy prior to the Grand Opening Date, Landlord may require Tenant to defer its opening for business until the Grand Opening Date, in which event Tenant shall not be required to pay any Rental until it is permitted to open for business.
Prompt Occupancy and Use. Tenant shall operate its business on the Premises not later than the Rent Commencement Date set forth in Article I, and thereafter, shall continuously use the Premises for the Permitted Use (as defined in Article I, Section 1.2) and for no other purpose whatsoever.
Prompt Occupancy and Use. Tenant shall occupy the premises upon commencement of the term and thereafter shall continuously use the premises for the permitted use and for no other purpose whatsoever. In addition to the conditions set forth in Article VIII (Operations), Tenant shall:
A. Keep its store continuously, fully stocked with high quality, salable merchandise except under circumstances in which tenant is a service business;
B. Keep its store fully staffed with employees, no store shall be left open with out an attendant;
C. Tenant shall cause its business to be conducted and operated in good faith and in such manner as shall assure the transaction of a maximum volume of business in and at the premises.
Prompt Occupancy and Use. Tenant will occupy the Premises upon the Commencement Date and thereafter continuously operate in 100% of the Premises during the entire Lease Term, with a reasonable staff and Reasonable Business Hours. As used herein, "Reasonable Business Hours" shall mean the hours of 9:00 AM to 5:00 pm Monday through Friday.
