Tenants Covenant to Operate Sample Clauses

Tenants Covenant to Operate. (a) HOURS AND MANNER OF OPERATION. TENANT agrees to complete TENANT'S work and open the PREMISES for business to the public fully fixtured, stocked and staffed on the Rent Commencement Date, and thereafter throughout the term of this lease, to continuously operate in one hundred percent (100%) of the space within the PREMISES the business prescribed in Article 1, Section 1(m) on all business days during the hours of 10:00 a.m. until 9:30 p.m., Monday through Saturday and 12:00 noon until 5:30 p.m. on Sundays or such other hours as LANDLORD shall establish, from time to time, as the standard Shopping Center business hours. TENANT agrees it will not open earlier or close later than the hours established by LANDLORD as the standard Shopping Center business hours except that TENANT may open at 9:00 a.m. for the convenience of pedestrians in the Enclosed Mall provided that LANDLORD has opened the Enclosed Mall to pedestrian traffic at such earlier hour and TENANT agrees to observe such hours as LANDLORD may prescribe during special events, seasonal shopping periods, or such other times that LANDLORD determines that the standard hours should be modified. In operating its business, TENANT agrees to carry sufficient merchandise in the PREMISES at all times, but to warehouse, store and/or stock only such quantities of merchandise as are reasonably required to facilitate sales from the PREMISES. TENANT agrees to fully and adequately staff the PREMISES with sufficient sales personnel and to use for office, clerical or other non-selling purposes only such space in the PREMISES as is reasonably required for TENANT'S business therein (not including any other business of TENANT in locations other than the PREMISES). TENANT recognizes that the covenants of TENANT in this Article 8, Section 2 are a material consideration to LANDLORD in order that TENANT might produce the maximum Gross Sales possible from the PREMISES during the lease term.
Sample 1
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Tenants Covenant to Operate. Tenant agrees to complete Tenant's work and open the Premises for business to the public fully fixtured, stocked and staffed on the RCD, and, thereafter throughout the Term, to continuously operate in one hundred percent (100%) of the space within the Premises the business prescribed in Article I, Section 1.0(t), Mondays through Saturdays from 11:30 A.M. to 9:00 P.M. and on Sundays from 12:00 Noon until 6:00 P.M., or such other operating days and hours as may be reasonably determined by Landlord for the operation of the Shopping Center. Tenant agrees it will not open earlier or close later than such hours without Landlord's prior written consent. Tenant acknowledges and agrees that it is difficult to assess damages resulting from its failure to comply with the terms and conditions contained in this Section 8.2. Consequently, Tenant agrees to pay Landlord $100 on demand as and for liquidated damages and additional rent under this Lease for each such failure, and if there occurs three (3) such failures during any consecutive twelve (12) month period during the Term, an Event of Default shall then be deemed to have occurred hereunder. Notwithstanding anything to the contrary contained in this Section 8.2, Tenant may be open for additional hours in excess of those provided above provided that Tenant coordinates such requests for additional hours with Landlord's Mall Manager and receives the Mall Manager's written approval therefore, which approval shall not be unreasonably withheld, delayed or conditioned. In addition, Tenant may close for business on Christmas, Thanksgiving and Easter. Landlord shall not unreasonably withhold, delay or condition any reasonable requests by Tenant to be closed for business for the purpose of repairing and/or remodeling the Premises, provided, however, that Landlord must agree in writing to the exact number of days when Tenant may be closed for business.
Sample 1
Tenants Covenant to Operate. Tenant agrees to complete Tenant's work and open the Premises for business to the public adequately fixtured, stocked and staffed on the Rent Commencement Date, and, thereafter throughout the Term of this Lease, to continuously operate in one hundred percent (100%) of the sales space within the Premises the business described in Article I, Section 1.0(s), Mondays through Saturdays from 10:00 A.M. to 9:00 P.M. and on Sundays from 12:00 Noon until 6:00 P.M., or such other operating days and hours as may be reasonably determined by Landlord for the operation of the Shopping Center. Tenant agrees it will not open earlier or close later than such hours without Landlord's prior written consent. Landlord's consent may be conditioned on Tenant's payment of additional costs incurred by Landlord as a result of Tenant's extended hours of operation. Notwithstanding anything to the contrary contained in this Lease, in no event shall Tenant be required to be open for business in the Premises, at any time unless at such time at least two (2) "Major Department Stores" (as hereinafter defined) and tenants occupying at least seventy percent (70%) of the Shopping Center GLA (excluding the GLA of the Major Department Stores) shall also be open for business to the public. "
Sample 1
Tenants Covenant to Operate. (A) Tenant will, except when prevented from so doing by Force Majeure or by other causes beyond its reasonable control (including the unavailability of film), during Tenant's Operating Period, continuously operate or cause to be operated a first class (but not necessarily first run) multiplex cinema ("Theater") in Tenant's Facility and utilizing at least 50% of the auditoriums located therein for the showing of first run film product (subject to the general availability of first run films in the marketplace) (such covenant being herein called "TENANT'S OPERATION COVENANT"). In accordance with the foregoing, Tenant agrees that at all times during the continuance of Tenant's Operating Covenant, Tenant shall operate and maintain the Theatre with due diligence and efficiency and in conformance with Tenant's operation of its similar first run theaters in the Denver metropolitan area, including observing substantially the same hours and days of operation. (B) Nothing contained in this Lease or in rules or regulations (if any) promulgated by Landlord shall be deemed in any way to (i) regulate the manner of operation by Tenant of its business in Tenant's Facility (other than as required by Paragraph [A]), or (ii) require Tenant to operate all its theatre auditoriums (but Tenant shall, subject to Force Majeure, operate at least 12 auditoriums during the continuance of Tenant's Operating Covenant), or (iii) give Landlord any right, express or implied, of censorship over any attractions exhibited in Tenant's Facility or over the content of Tenant's advertising. (C) Except as specifically provided in paragraph (A) of this Article, Tenant shall have no obligation whatsoever, either express or implied, to at any time operate or otherwise use Tenant's Facility.
Sample 1
Tenants Covenant to Operate. Tenant agrees to complete Tenant's work and open the Premises for business to the public adequately fixtured, stocked and staffed on the Rent Commencement Date, and, thereafter throughout the Term of this Lease, to continuously operate in one hundred percent (100%) of the space within the Premises the business prescribed in Section 1.0(t), Mondays through Sundays during such hours as may be reasonably determined by Landlord for the operation of the Shopping Center. Tenant agrees it will not open earlier or close later than such hours without Landlord's prior consent. Notwithstanding anything to the contrary contained herein, Tenant shall be permitted to close the Premises for up to two (2) days per Lease Year for the purpose of taking inventory, provided such days are approved in advance and in writing by Landlord, which approval Landlord shall not unreasonably withhold. In no event shall Tenant be permitted to close the Premises on any day that banks in Nevada are required or permitted, under the state or federal law, to be closed for business ("Holiday"), or within three (3) days of any Holiday.
Sample 1
Tenants Covenant to Operate. (A) Tenant will, except when prevented from so doing by Force Majeure or by other causes beyond its reasonable control (including the unavailability of film), during Tenant's Operating Period, continuously operate or cause to be operated a first class (but not necessarily first run) multi-plex cinema ("Theater") in Tenant's Facility and utilizing at least 50% of the auditoriums located therein for the showing of first run film product (subject to the general availability of first run films in the marketplace) (such covenant being herein called "TENANT'S OPERATING COVENANT"). In accordance with the foregoing, Tenant agrees that at all times during the continuance of Tenant's Operating Covenant, Tenant shall operate and maintain the Theatre with due diligence and efficiency and in conformance with Tenant's operation of its similar first-run Theaters in the Denver metropolitan area, including observing substantially the same hours and days of operation.
Sample 1
Tenants Covenant to Operate. Subject to Article XXII, Tenaxx xxxees to complete Tenaxx'x xork and open the Premises for business to the public fully fixtured, stocked and staffed on the RCD, and, thereafter throughout the Term of this Lease, to continuously operate in one hundred percent (100%) of the useable space within the Premises the business prescribed in Article I, Section 1.0(t), Mondays through Sundays during such hours as may be reasonably determined by Landlord for the operation of the Shopping Center; provided, however, that notwithstanding the foregoing, Tenant shall not be required to initially open the Premises for business until the Occupied Center GLA is at least seventy percent (70%) of the aggregate Shopping Center GLA (excluding second level space). Tenaxx xxxees it will not open earlier or close later than such hours without Landxxxx'x xrior consent. Notwithstanding anything to the contrary herein contained, Tenant shall have the right to close the Premises one (1) day each Lease Year (which day shall be mutually acceptable to Landlord and Tenant) for purposes of conducting a physical inventory in the Premises and up to two (2) days each Lease Year in the event, through no fault of Tenant, that Tenant's insurance coverage would not otherwise be met.
Sample 1
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Tenants Covenant to Operate. Xxxxxx agrees to complete Xxxxxx’s work and open the Premises for business to the public fully fixtured, stocked and staffed on the Rent Commencement Date, and, thereafter throughout the Term of this Lease, to continuously operate in one hundred percent (100%) of the space within the Premises the business prescribed in Section 1.0(r), Mondays through Sundays during such hours as may be reasonably determined by Landlord. Xxxxxx agrees it will not open earlier or close later than such hours.
Sample 1
Tenants Covenant to Operate 
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Related to Tenants Covenant to Operate

  • Tenant’s Covenants The Tenant hereby covenants with the Landlord as follows:

  • Landlord’s Covenant Upon payment by the Tenant of the rents and other charges herein provided, and upon the observance and performance of all the covenants, terms and conditions on Tenant’s part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the Premises for the term hereby demised without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under the Landlord, subject, nevertheless, to the terms and conditions of this Lease.

  • LESSEE'S COVENANTS The Lessee agrees, warrants and represents that it shall commit no waste to the Demised Premises, nor suffer the same to be committed thereon, nor injure nor misuse the same; and further agrees, warrants and represents that the Lessee has neither the right nor the power to assign or hypothecate this Lease in any way whatsoever, except as otherwise provided in this Lease, or to make alterations or improvements to the demised premises, except non structural alterations in connection with the renovation of the demised premises for the permitted uses subject to the prior written approval of the Director of Operations , nor use the same for any purposes except as those expressly authorized herein or in accordance with the applicable provision of this Lease. The Lessee shall keep the premises in good condition, free of debris, safely and adequately for the uses and purposes hereby authorized. The Lessee shall deliver the premises up to Lessor upon the expiration or earlier termination of this Lease in reasonably good condition, normal wear and tear excepted, and the Lessee shall have no right nor obligation to remove any improvements to the Premises without the prior written consent of Lessor. Likewise, any fixtures, equipment, furnishings, supplies or inventory which are purchased or obtained, during the term of this Lease, by or for the Lessee utilizing any City operating or other revenue funds, including but not limited to state and federal funds administered by the City, shall become the property of Lessor upon the expiration or sooner termination of this Lease in good condition, normal wear and tear excepted, at the option of Lessor.

  • LANDLORD'S COVENANTS The Landlord hereby covenants with the Tenant as follows:

  • Landlord’s Right to Perform Tenant’s Covenants Tenant covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

  • Tenant Covenants The Tenant covenants during the Term and for such further time as the Tenant occupies any part of the Premises:

  • LESSOR'S COVENANTS The Lessor covenants and agrees that, unless the Agent and the Lenders shall have otherwise consented in writing: (a) it shall not amend its Partnership Agreement, except to admit limited partners in connection with lease transactions similar to the Transactions; (b) it shall not incur any indebtedness or other monetary obligation or liability, other than (i) non-recourse indebtedness incurred in connection with the Transactions or similar transactions and (ii) operating expenses incurred in the ordinary course of business that are not delinquent; (c) the proceeds of the Loans received from the Lenders will be used by the Lessor solely to acquire the Leased Property and to pay the Lessee for certain closing and transaction costs associated therewith and for the costs of Construction. No portion of the proceeds of the Loans will be used by the Lessor (i) in connection with, whether directly or indirectly, any tender offer for, or other acquisition of, stock of any corporation with a view towards obtaining control of such other corporation, (ii) directly or indirectly, for the purpose, whether immediate, incidental or ultimate, of purchasing or carrying any Margin Stock, or (iii) for any purpose in violation of any Applicable Law; (d) it shall not engage in any business or activity, or invest in any Person, except for activities similar to its activities conducted on the date hereof, the Transactions and lease transactions similar to the Transactions; (e) it will maintain tangible net worth in an amount no less than the sum of (i) $100,000 plus (ii) 3% of its total assets (calculated assuming no reduction in the value of any leased property from its original cost to the Lessor); (f) it will deliver to the Agent, as soon as available and in any event within 90 days after the end of each fiscal year, a balance sheet of the Lessor as of the end of such fiscal year and the related statements of income, partners' capital and cash flows for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year, together with copies of its tax returns, all certified by an officer of the general partner (and if the Lessor ever prepares audited financial statements, it shall deliver copies thereto the Agent); (g) it will permit the Agent and its representatives to examine, and make copies from, the Lessor's books and records, and to visit the offices and properties of the Lessor for the purpose of examining such materials, and to discuss the Lessor's performance hereunder with any of its, or its general partner's, officers and employees; (h) it shall not consent to or suffer or permit any Lien against the Leased Property, other than as expressly contemplated pursuant to the Operative Documents; (i) it shall not consent to or suffer or permit the creation of any easement or other restriction against the Leased Property other than as permitted pursuant to Article VI of the Lease; and (j) it shall promptly discharge each Lessor Lien and shall indemnify the Lenders and the Lessee for any diminution in value of any Leased Property resulting from such Lessor Liens.

  • Landlord Covenants At all times during the Term, Landlord covenants and agrees as follows:

  • Operating Covenants From the Execution Date until the Closing or, if earlier, the termination of this Agreement as contemplated hereby, except (t) as required by this Agreement or any other Transaction Document, (u) as required by any lease, Contract, or instrument listed on any Annex, Disclosure Schedule or Schedule, as applicable, (v) as required by any Applicable Law or any Governmental Authority (including by order or directive of the Bankruptcy Court or fiduciary duty of the board of managers of any Seller or its Affiliates) or any requirements or limitations resulting from the Bankruptcy Cases, (w) to the extent related solely to Excluded Assets and/or Excluded Liabilities, (x) for renewal of expiring insurance coverage in the Ordinary Course of Business, (y) for emergency operations or (z) as otherwise consented to in writing by Buyer (which consent shall not be unreasonably withheld, conditioned or delayed): (a) Sellers will: (i) subject to any Bankruptcy Court order to the contrary, operate the Assets in the Ordinary Course of Business; (ii) maintain or cause its Affiliates to maintain the books of account and records relating to the Assets in the usual, regular and ordinary manner, in accordance with its usual accounting practices; (iii) give written notice to Buyer as soon as is practicable of any material damage or casualty to or destruction or condemnation of any Asset of which Sellers have Knowledge; (iv) use reasonable best efforts to maintain insurance coverage on the Assets in the amounts and types described on Disclosure Schedule 3.10; and (v) use commercially reasonable efforts to maintain or cause its Affiliates to maintain all Permits (including Environmental Permits) required for the operation of the Assets as presently conducted; and (b) no Seller shall: (i) sell, lease or otherwise transfer any Asset, or otherwise voluntarily divest or relinquish any right or asset, other than (A) sales or other dispositions of materials, supplies, machinery, equipment, improvements or other personal property or fixtures in the Ordinary Course of Business which have been replaced with an item of substantially equal suitability and (B) dispositions of Excluded Assets; (ii) enter into any material Contract that if entered into prior to the Execution Date would be required to be listed in Disclosure Schedule 3.05(a) other than (A) Contracts of the type described in Section 3.05(a)(iii) and Section 3.05(a)(viii) entered into in the Ordinary Course of Business (provided that Sellers shall use commercially reasonable efforts to notify Buyer of the terms of any such Contract prior to the execution thereof), (B) confidentiality agreements entered into in accordance with the Bid Procedures Order, (C) contracts or agreements entered into in connection with the Bankruptcy Cases (including any in connection with an Alternative Transaction) and (D) Contracts that would not adversely affect the Assets in any material respect; (iii) amend or modify in any material respect or terminate any Purchased Contract (other than termination or expiration in accordance with its terms) or any Permits (including Environmental Permits) required for the operation of the Assets as presently conducted; (iv) change the methods of accounting or accounting practice by Sellers, except as required by concurrent changes in Applicable Law or GAAP as agreed to by its independent public accountants; or (v) to the extent any of the following would reasonably have the effect of increasing the Non-Income Tax liability of Buyer for any period after the Closing Date, (A) make any settlement of or compromise any Non-Income Tax liability with respect to the Assets, (B) change any Non-Income Tax election or Non-Income Tax method of accounting or make any new Non-Income Tax election or adopt any new Non-Income Tax method of accounting with respect to the Assets; (C) surrender any right to claim a refund of Non-Income Taxes with respect to the Assets; or (D) consent to any extension or waiver of the limitation period applicable to any Non-Income Tax claim or assessment with respect to the Assets.

  • Tenant’s Compliance Tenant shall materially comply with all Applicable Laws and operational registrations and licenses, including without limitation, the Marijuana Code, and shall promptly comply with all governmental orders and directives for the correction, prevention, and abatement of any nuisances and any violation of Applicable Laws in, upon, or connected with the Premises, all at Tenant’s sole expense. Tenant warrants that all improvements or alterations of the Premises made by Tenant or Tenant’s employees, agents or contractors, either prior to Tenant’s occupancy of the Premises or during the Term, will comply with all Applicable Laws, including any and all on site security requirements set forth under Applicable Laws or as otherwise reasonably required by Landlord given the safety concerns associated with the Permitted Use hereunder. In the event that (i) Tenant’s specific use and occupancy of the Premises, or (ii) any alterations to the Premises performed by or on behalf of Tenant pursuant to this Lease, necessitates or triggers any modifications (including structural modifications) to the Premises or Buildings or alterations to the Buildings systems, the same shall be made by Landlord pursuant to a budget reasonably agreed upon by Landlord and Tenant and promptly reimbursed by Tenant within thirty (30) days after written demand by Landlord, including backup substantiating Tenant’s proportionate share of the expenses. In addition, Tenant warrants that its use of the Premises will be in material compliance with all Applicable Laws subject to the Legal Compliance Clarification.

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