Required Phase I Mall Standard; Identity of Tenants of Phase I Mall; Prohibited Phase I Mall Uses Sample Clauses

Required Phase I Mall Standard; Identity of Tenants of Phase I Mall; Prohibited Phase I Mall Uses. (a) Mall I Owner covenants and agrees that from and after the date hereof, any tenant with whom Mall I Owner enters into a Lease, and any other Person who, whether pursuant to a sublease from a Tenant or otherwise, occupies space in Mall I Space, including the operators of any retail carts or kiosks located in the Mall I Space (any such tenant or other Person, a "MALL I OCCUPANT") shall be a retail or restaurant tenant appropriate for and consistent with, a quality and standard for the Phase I Mall and its aggregate occupant mix that is not less than the quality and standard of the Phase I Mall and the Mall I Occupants as of the date hereof. Mall I Owner agrees to use commercially reasonable efforts from and after the date of this Agreement to pursue a maintenance and leasing program whereby the Phase I Mall and the Mall I Occupants are of a First-class quality and standard. (b) In all events, Mall I Owner covenants and agrees that no Mall I Occupant shall be a Competitor and no space in the Phase I Mall shall be used (whether by Mall I Owner, any Mall I Occupant or any other Person) for or as any of the following: (i) Conducting or permitting any fire, auction, going-out-of-business or bankruptcy sale. (ii) Engaging in any unethical or disreputable method of business operation. (iii) A so-called "flea market." (iv) Selling, displaying for sale or displaying any pornographic or obscene material. (v) A gambling or gaming establishment such as, without limitation, an Off-Track Betting, sport gambling, casino gambling or similar establishment. (vi) Any loudspeakers, phonographs or other devices of similar nature in such a manner so as to be heard outside of the applicable demised premises. (vii) A billiard or pool hall (although any First-class bar or restaurant to whom Mall I Owner may be permitted to rent a portion of the Phase I Mall or Mall I Space under the other terms of this Agreement may be permitted to install billiard or pool tables ancillary to its primary bar or restaurant operations). (viii) Any "off-price" or "discount" store. (ix) A swap show selling merchandise that is used, damaged or discontinued, or any "second hand" store or "surplus" store (but excluding stores that sell antiques). (x) Any establishment any purpose of which: (1) is to sell, afford or permit on-premises sexual stimulation or sexual liaisons; (2) permits or presents obscene, nude or semi-nude performances or modeling; (3) sells "rubber goods" or other sexual or erotic produ...
Sample 1
AutoNDA by SimpleDocs

Related to Required Phase I Mall Standard; Identity of Tenants of Phase I Mall; Prohibited Phase I Mall Uses

  • Notice to Proceed - Site Improvements The Recipient shall not commence, or cause to be commenced, any site improvements or other work on the Land until the Director has issued a Notice to Proceed to the Recipient. Such Notice to Proceed will not be issued until the Director is assured that the Recipient has complied with all requirements for the approval of a grant under Revised Code Sections 164.20 through 164.27 and has completed any land acquisition required by the Project. A Notice to Proceed shall be required for all Project prime contractors or direct procurement initiated by the Recipient following execution of this Agreement.

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

  • Public Improvements To the best knowledge of the Transferor Partnership, there are no written or proposed plans to widen, modify, or realign any street or highway or any existing or proposed eminent domain proceedings which would affect the Property in any way whatsoever. To the best knowledge of the Transferor Partnership, there are no presently planned public improvements which would result in the creation of a special improvement or similar lien upon the Property.

  • PREVAILING WAGE RATES - PUBLIC WORKS AND BUILDING SERVICES CONTRACTS If any portion of work being Bid is subject to the prevailing wage rate provisions of the Labor Law, the following shall apply:

  • Use of Basement and Service Areas The basement(s) and service areas, if any, as located within the

  • Additional Acceptable Uses of Student Data Contractor is prohibited from using Student Data for any secondary use not described in this agreement except: a. for adaptive learning or customized student learning purposes; b. to market an educational application or product to a parent or legal guardian of a student if Contractor did not use Data, shared by or collected per this Contract, to market the educational application or product; c. to use a recommendation engine to recommend to a student i. content that relates to learning or employment, within the third-party contractor's internal application, if the recommendation is not motivated by payment or other consideration from another party; or

  • Existing Improvements All improvements located on the Site as of the date of execution of the Construction Contract, whether above or below the surface of the ground, including but not limited to existing buildings, utilities, infrastructure improvements and other facilities.

  • System Upgrade Facilities and System Deliverability Upgrades Connecting Transmission Owner shall design, procure, construct, install, and own the System Upgrade Facilities and System Deliverability Upgrades described in Appendix A hereto. The responsibility of the Developer for costs related to System Upgrade Facilities and System Deliverability Upgrades shall be determined in accordance with the provisions of Attachment S to the NYISO OATT.

  • ALTERATIONS & IMPROVEMENTS Tenant shall not make any alterations, additions or improvements or do any type of construction to the Property without first obtaining Landlord's written consent. Unless prior written agreement is reached between Tenant and Landlord, any such alterations, additions, improvements or construction shall become part of the Property and shall remain at the expiration of Tenant's Lease term. If Landlord approves of alterations, additions, improvements or construction in writing and Tenant intends to use contractors to undertake such work, the contractors must first be approved in writing by Landlord. Tenant must also place any funds to cover the amount of any alterations, additions, improvements or construction in an escrow account approved by Landlord before the commencement of the work. Landlord shall designate the times and manner of the work being done, exclusively.

  • Additional Requirements for Sleeping Rooms The Contractor shall provide departing Attendees a secured area for storing belongings.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!