Retail Space. The type and quality of tenants allowed in the Retail Space shall be in harmony with the balance of the Project as approved in the reasonable discretion of City, and shall specifically exclude any offensive or incongruent uses including, but not limited to, the following:
(1) Any public or private nuisance (as defined in California Civil Code Section 3479) connected with business operations conducted on the Property;
(2) Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness;
(3) Any obnoxious odor;
(4) Any noxious materials, and any toxic or caustic, or corrosive fuel or gas in violation of applicable law;
(5) Any dust, dirt or particulate matter in excessive quantities;
(6) Any unusual fire, explosion, or other damaging or dangerous hazard;
(7) Any warehouse, other than that which is incidental to the primary commercial use or business operation, and any assembly, manufacturing, distillation, refining, smelting, agriculture, or mining operation;
(8) Any pawn shop or retail sales operation involving second-hand merchandise;
(9) Any adult business or facility as defined and regulated in City’s Municipal Code. Such uses include, without limitation, massage establishments (to the extent defined and regulated in such Code as an adult business or facility), adult news racks, adult bookstores, adult motion picture theaters, and paraphernalia businesses;
(10) Any retail outlet that sells alcoholic beverages for off-site consumption; and
(11) Any gun shop or retail sales operation for which the main commercial use or business operation is the sale of guns. Owner shall not initiate proceedings to convert the Retail Space into condominium(s) without the express written approval of City. Owner’s sale of its leasehold interest in the Retail Space, or any portion thereof, to a Person shall constitute a transfer within the meaning of Section 107 of the DDA, Section 11 of the City Loan Note, and Section 9.1 of the Ground Lease (collectively, “Transfer”) and such Transfer is subject to City’s written approval, in accordance with those respective sections. In the event that City approves such Transfer for the Retail Space, and as a pre-condition to such Transfer after City approval, Owner shall pay to City THIRTY SIX AND 20/100 DOLLARS ($36.2) per gross square foot of the Retail Space.
Retail Space. The Leased Space includes the Retail Space identified in Exhibit 2. Retail Space is to be used for the sale of Merchandise at retail to the public.
Retail Space. Approximately 39,860 square feet of first-class, mixed-use retail shopping, which may include, among other concepts, specialty and boutique shops, restaurants, entertainment and other retail concepts.
Retail Space. Lessor will at its expense furnish and install the following improvements in the retail space portion of the Building in accordance with plans and specifications for the Building on the floor and in the area where the retail space portion of the leased premises are located:
Retail Space. The Company is responsible for securing tenants to ensure that seventy-five (75%) percent of the Rentable Retail Square Footage is occupied within one (1) year of the Execution Date. Once seventy-five percent (75%) of the Rentable Retail Square Footage is initially occupied, the Company will maintain an average of seventy-five percent (75%) occupancy of the Rentable Retail Square Footage for the term of this Lease, as documented in annual reports submitted to the City’s Metropolitan Redevelopment Agency showing the monthly occupancy (the “Initial Occupancy Requirements”). The Company is responsible for making reasonable business efforts to recruit tenants up to and including lowering rents, if necessary. If the Initial Occupancy Requirement is not met, a fee of 5% of the abated taxes shall be made payable to the City for the noncomplying year. EXAMPLE CLAWBACK, ONLY INCLUDED IF PROJECT INCLUDES RETAIL – if not, “Intentionally Deleted”
Retail Space. The number of square feet of retail space in the Premises (if any), whether above or below grade, shall be calculated from dimensioned Architect’s drawings to the inside face of permanent exterior walls, to the face of permanent interior walls, to the centre line of demising partitions, and to the centre line of a pre-determined lease line (usually referred to as the storefront line) in the case of retail space facing onto either an interior public wall or corridor or onto a public street or lane. No deduction shall be made for vestibules inside the permanent exterior building walls or inside the pre-determined lease line, or for any columns located wholly or partially within the rentable space.
Retail Space. Developer agrees that a portion of the R&D Development Property consisting of approximately 3,500 square feet of retail space (the actual layout and location of such space to be determined by Developer) (the “Retail Space”) shall be open to the public during Developer’s business hours (from 9 a.m. to 5:00 p.m.). This obligation shall commence upon the issuance of the certificate of occupancy for the Retail Space and when the Retail Space is open for business and continue until such time as the Retail Space is vacant because a tenant cannot be found despite commercially reasonable efforts to market the space at a commercially reasonable rent for three years.
Retail Space. The requirement for dedicated retail space within the Project as set forth in section 5(1) of the Original MAR and section (3)(g) of the Second Amendment is hereby deleted from the Agreement.
Retail Space. For the purposes of this Lease, the number of square feet of retail and service store space in the Building, whether above or below grade, is calculated from dimensioned Architects drawings to the inside face of permanent exterior building walls, to the face of permanent interior walls, to the center line of demising partitions, and to the center line of a predetermined lease line (usually referred to as the storefront line) in the case of retail and service store space facing onto either an interior public mall or corridor or onto a public street or lane. No deduction is made for vestibules inside the permanent exterior building walls or inside the predetermined lease line, or for any columns located wholly or partially within the space.
Retail Space. Tenant shall use the Retail Space portion of the Premises only for retail uses customarily permitted in comparable first class office buildings in the Boston Central Business District from time to time, and for no other purpose. Subject to applicable law, Tenant may also use portions or all of the Retail Space for offices in connection with the conduct of Tenant’s and its Affiliate’s business.
