Common use of RESTRICTIONS UPON USE Clause in Contracts

RESTRICTIONS UPON USE. Concessionaire agrees that, in connection with the use and operation of the Premises, it will not: a. Use or permit the use of any objectionable advertising medium such as, without limitation, loudspeakers, phonographs, public address systems, sound amplifiers, radios or broadcasts within the Premises in such a manner that any sounds reproduced, transmitted or produced will not be transmitted beyond the building interior of the Premises, and will keep all mechanical apparatus free of vibration and noise which may be transmitted beyond the interior of the Premises. Musical entertainment may be provided if approved in advance by the Harbor Manager. b. Permit any use of the Premises or any part thereof in a manner likely to injure the reputation of Landlord, its officials or employees. c. Permit accumulations of garbage, trash, rubbish, oil or other hazardous or flammable products or any other refuse to occur on or off the Premises. d. Use the Premises or permit any use of the Premises to occur, which might cause a cancellation of any insurance policy covering the Landlord's facilities, or any part thereof, or any building or improvements thereon. e. Permit the placement of any dispenser of publications (such as newspaper, magazines, brochures, racks etc) outside the building. Placement of such dispensers shall be permitted inside the building only; however, from time to time and when requested in writing and approved by the Harbor Manager, the Concessionaire may place a brochure dispenser on the exterior of the building, as long as said dispenser is constructed in such a manner as to ensure the containment of all paper within the dispenser, and to ensure that the contents of the dispenser do not become litter able to enter the ocean or surrounding area. f. Permit the posting of any advertisement, handbill or notice on the exterior of the Premises building, including but not limited to posts, handrails, other exterior fixtures, etc. Such advertising may be posted on the inside of the Premises building on windows or walls only. g. Commit or allow any action or omission on or about the Premises or Water Area in a manner that might constitute a violation of any federal, state or local statute, law, rule, regulation, ordinance, directive order, permit, license or authorization. This includes, but is not limited to existing and future Port San Xxxx Harbor District Ordinances. h. Allow any use or activity on or about the Premises or Water Area that interferes with the public’s use of the ocean waters. i. Allow any use or activity on or about the Premises that might be construed as interfering with the quiet enjoyment of other Landlord concessionaires or permittees or that might cause Landlord to be in breach of any obligation to other concessionaires, permittees or third parties.

RESTRICTIONS UPON USE. Concessionaire Lessee agrees that, in connection with the use and operation of the Premises, it will not: a. Use or permit the use of any objectionable advertising medium such as, without limitation, loudspeakers, phonographs, public address systems, sound amplifiers, radios or broadcasts within the Premises in such a manner that any sounds reproduced, transmitted or produced will not be transmitted beyond the building interior of the Premises, and will keep all mechanical apparatus free of vibration and noise which may be transmitted beyond the interior of the PremisesPremise. Musical entertainment Notwithstanding the foregoing, District may be provided if approved in advance by the Harbor Managerauthorize certain amplified or acoustic music outside of Premises at District’s sole discretion. b. Cause or permit objectionable odors to emanate or be dispelled from the Premises; notwithstanding the above, the District recognizes that those odors normally associated with operations shall not constitute an objectionable odor. c. Permit any use of the Premises or any part thereof in a manner likely to injure the reputation of LandlordDistrict, its officials or employees. c. d. Permit accumulations of garbage, trash, rubbish, oil or other hazardous or flammable products or any other refuse to occur on or off the Premises. d. e. Permit any materials provided to customers made from polystyrene foam. All containers must be biodegradable or recyclable. Modification to this stipulation is subject to the prior written consent of the Harbor Manager within his/her absolute discretion. f. Use the Premises or permit any use of the Premises to occur, which might cause a cancellation of any insurance policy covering the LandlordDistrict's facilitiespier or mooring area, or any part thereof, or any building or improvements thereon. e. g. Use any water, electricity, gas or any other utility services in such a manner that is considered wasteful. h. Permit the placement use of any dispenser type of publications (such as newspapercoin or token-operated entertainment or vending machine outside of the Premises. i. Store gasoline, magazinesfuel tanks, brochurespaint, racks etc) thinners or any other flammable material outside of a fire proof locker container on the Premises. j. Permit employees or customers to smoke inside the building. Placement of such dispensers Lessee shall be permitted inside provide and maintain a “Butt Can” in an outdoor location and require smokers to properly extinguish all smoking materials. In the building only; howeverevent that Lessee has requested a customer to extinguish smoking materials and customer refuses, from time to time and when Lessee shall contact District Harbor Patrol Staff. k. When requested in writing and approved by the Harbor Manager, the Concessionaire Lessee may place have a brochure dispenser on the exterior of the buildingbox with a lid, as so long as said dispenser is constructed in such a manner as to ensure the containment of all paper within the dispenseras, and to ensure that the contents of the dispenser brochures do not become litter able to enter end up in the ocean or surrounding areawater. f. Permit the posting of any advertisement, handbill or notice on the exterior of the Premises building, including but not limited to posts, handrails, other exterior fixtures, etc. Such advertising may be posted on the inside of the Premises building on windows or walls only. g. l. Commit or allow any action or omission on or about the Premises or Water Area in a manner that might constitute a violation of any federal, state or local statute, law, rule, regulation, ordinance, directive order, permit, license or authorization. This includes, but is not limited to existing and future Port San Xxxx Harbor District Ordinances. h. m. Allow any use or activity on or about the Premises or Water Area that interferes with the public’s use of the ocean waters. i. n. Allow any use or activity on or about the Premises that might be construed as interfering with the quiet enjoyment of other Landlord concessionaires District Lessees or permittees or that might cause Landlord District to be in breach of any obligation to other concessionairesLessees, permittees or third parties. o. Sell or offer any tobacco products.