Common use of Tenant’s Warranties Clause in Contracts

Tenant’s Warranties. Tenant warrants, represents, covenants and agrees that, in the operation of its business within the Leased Premises, Tenant shall: (a) pay before delinquency any and all taxes, assessments and public charges levied, assessed or imposed upon Tenant's business, or upon Tenant's fixtures, furnishings or equipment in the Leased Premises, or upon any leasehold interest or personal property of any kind, owned by or placed in or about the Leased Premises by Tenant or by anyone claiming by, through or under Tenant, including, without limitation, any transfer taxes, and pay when and as due all license fees, permit fees and charges of a similar nature required for the conduct by Tenant or any subtenant or concessionaire of any business or undertaking authorized hereunder to be conducted in or from the Leased Premises; (b) observe all reasonable requirements promulgated by Landlord at any time and from time to time relating to delivery vehicles, the delivery of merchandise, and the storage and removal of trash and garbage; (c) not use any space outside the Leased Premises for sale, storage or any other undertaking; (d) not use the plumbing facilities in the Leased Premises for any purpose other than that for which they were constructed, nor dispose of any foreign substances therein; (e) not use any advertising medium or sound devices inside or adjacent to the Leased Premises which produce or transmit sounds which are audible beyond the interior of the Leased Premises; (f) not permit any odor to emanate from the Leased Premises which is objected to by Landlord or by any tenant or occupant of the Retail Development (and, upon written notice from Landlord, Tenant shall immediately cease and desist from causing such odor, and Landlord may deem the failure by Tenant to do so, a material breach of this Lease); (g) keep the Leased Premises and any platform, loading dock or service area used by Tenant in a neat, clean, safe and sanitary condition; (h) promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all governmental authorities having jurisdiction, and observe and comply with all covenants and restrictions of record and all notices from Landlord's mortgagee, affecting or applicable to the Retail Development or affecting or applicable to the Leased Premises or the cleanliness, safety, occupancy and use of the same, whether or not any such law, ordinance, order, rule, regulation, covenant, restriction, or other requirement is substantial, or foreseen or unforeseen, or ordinary or extraordinary, or shall necessitate structural changes or improvements, shall interfere with the use or enjoyment of the Leased Premises, or shall be directed to or imposed upon Tenant or Landlord, and Tenant shall hold Landlord harmless from any and all cost or expense on account thereof (as used in this Lease, the term "legal requirements" shall include the requirements set forth in this subparagraph); (i) not use the parking areas or sidewalks, common areas or any space on or about the Retail Development (outside the Leased Premises) for display, sale, handbilling, advertising, solicitation, or any other similar undertaking; (j) maintain and operate the heating, ventilating and air conditioning system and equipment servicing the Leased Premises so as to adequately heat and cool the same and to maintain at all times, whether or not Tenant is open for business, temperatures in the Leased Premises which will not drain heat or ventilation or air conditioning from the enclosed mall or other interior areas into the Leased Premises and shall not discharge heat, ventilation or air conditioning from the Leased Premises into the enclosed mall or other interior areas; and (k) be authorized to do business in the State, evidence of which must be delivered to Landlord on or before the earlier of (I) the Commencement Date or (II) the date that Tenant opens for business in the Leased Premises.

Tenant’s Warranties. Tenant warrants, represents, covenants and agrees thatto and with Landlord, in that throughout the operation of its business within the Leased Premises, Tenant term hereof it shall: (ai) pay keep the Premises and any platform or loading dock used by Tenant in a neat and clean condition, (ii) pay, before delinquency delinquent, any and all taxes, assessments and public charges levied, assessed or imposed upon Tenant's business, business or upon Tenant's fixtures, furnishings or equipment in the Leased Premises, or upon any leasehold interest or personal property of any kind, owned by or placed in or about the Leased Premises by Tenant or by anyone claiming by, through or under Tenant, including, without limitation, any transfer taxes, and pay when and as due all license feesfees of similar nature, permit fees and charges of a similar nature required for the conduct by Tenant or any subtenant or concessionaire of any business or undertaking authorized hereunder to be conducted in or from the Leased Premises; (biii) observe all reasonable requirements promulgated rules and regulations established by Landlord at any time and from time for tenants in the Shopping Center, (iv) observe all restrictive covenants of record which are applicable to time relating to delivery vehiclesthe Shopping Center, provided the delivery same do not prohibit Tenant's permitted use of merchandisethe Premises, and the storage and removal of trash and garbage; (cv) not use the parking areas or sidewalks or any space outside the Leased Premises for display, sale, storage storage, or any other similar undertaking; , (d) not use the plumbing facilities in the Leased Premises for any purpose other than that for which they were constructed, nor dispose of any foreign substances therein; (evi) not use any advertising medium or sound devices inside or adjacent to the Leased Premises which produce may be heard outside the Premises, or transmit sounds which are audible beyond the interior of the Leased Premises; (f) not permit any odor objectionable odors to emanate from the Leased Premises which is objected to by Landlord or by any tenant or occupant of the Retail Development Premises, (and, upon written notice from Landlord, Tenant shall immediately cease and desist from causing such odor, and Landlord may deem the failure by Tenant to do so, a material breach of this Lease); (gvii) keep the Leased Premises sufficiently heated to prevent freezing of water in pipes and fixtures in and about the Premises, (viii) keep the temperature within the Premises at such levels as may be required by any platformfederal, loading dock state or service area used by Tenant local laws, ordinances or regulations, (x) employ only such labor in the performance of any work in and about the Premises as will not cause any conflict or controversy with any labor organization representing trades performing work for Landlord, its contractors or subcontractors, (xi) not conduct any auction, distress, fire or bankruptcy sale (whether real or fictitious) or conduct the type of business commonly referred to as "discount" or "cut-price", (xii) not use or permit the use of any part of the Premises for the sale, rental, display or operation of amusement, electronic, video machines, games, cassettes or devices without the prior written consent of Landlord or allow the sale or offering of any lottery or raffle tickets or permit any form of games of chance or gambling, in any form, without such similar consent, (xiii) not allow the operation of any coin operated or vending machine in the Premises, except in areas reserved solely for the use of Tenant's employees, (xiv) conduct its sales practices consistent with the standards and practices generally acceptable in first-class retail shopping centers, display and sell only first-quality merchandise in the Premises, and conduct its business in the Premises in a neatlawful manner and in good faith, clean(xv) not do any act tending to injure the reputation of the Shopping Center as determined by Landlord, safe and sanitary condition; (hxvi) promptly not commit or suffer to be committed any waste upon the Premises, not place a load upon any floor of the Premises which exceeds the floor load per square foot area which such floor was designated to carry, and not commit or suffer to be committed any nuisance or other act or thing which may disturb the quiet enjoyment of any other occupant or tenant of the Shopping Center. Legal Requirements: Tenant shall at its own expense, comply with all present and future laws, ordinances, orders, rulesordinances and with directions of public officers thereunder, with all applicable Board of Fire Insurance Underwriters regulations and other requirements of all governmental authorities having jurisdiction, and observe and comply with all covenants and restrictions of record and all notices from Landlord's mortgageemortgagee respecting all matters of occupancy, affecting condition or applicable to the Retail Development or affecting or applicable to the Leased Premises or the cleanliness, safety, occupancy and use maintenance of the samePremises, whether such orders or not any such law, ordinance, order, rule, regulation, covenant, restriction, or other requirement is substantial, or foreseen or unforeseen, or ordinary or extraordinary, or shall necessitate structural changes or improvements, shall interfere with the use or enjoyment of the Leased Premises, or directions shall be directed to or imposed upon Tenant or Landlord, and Tenant shall hold Landlord harmless from any and all cost costs or expense expenses on account thereof (as used in this Lease, thereof. Tenant shall procure and maintain all licenses and permits legally necessary for the term "legal requirements" shall include the requirements set forth in this subparagraph); (i) not use the parking areas or sidewalks, common areas or any space operation of Tenant's business and allow Landlord to inspect them on or about the Retail Development (outside the Leased Premises) for display, sale, handbilling, advertising, solicitation, or any other similar undertaking; (j) maintain and operate the heating, ventilating and air conditioning system and equipment servicing the Leased Premises so as to adequately heat and cool the same and to maintain at all times, whether or not Tenant is open for business, temperatures in the Leased Premises which will not drain heat or ventilation or air conditioning from the enclosed mall or other interior areas into the Leased Premises and shall not discharge heat, ventilation or air conditioning from the Leased Premises into the enclosed mall or other interior areas; and (k) be authorized to do business in the State, evidence of which must be delivered to Landlord on or before the earlier of (I) the Commencement Date or (II) the date that Tenant opens for business in the Leased Premises.request. -------------------------------------------------------------------------------- 104 Intentionally Deleted Hazardous Materials:

Tenant’s Warranties. Tenant warrants, represents, covenants and agrees that, in the operation of its business within the Leased Premises, Tenant shall: (a) pay before delinquency any and all taxes, assessments and public charges levied, assessed or imposed upon Tenant's business, or upon Tenant's fixtures, furnishings or equipment in the Leased Premises, or upon any leasehold interest or personal property of any kind, owned by or placed in or about the Leased Premises by Tenant or by anyone claiming by, through or under Tenant, including, without limitation, any transfer taxes, and pay when and as due all license fees, permit fees and charges of a similar nature required for the conduct by Tenant or any subtenant or concessionaire of any business or undertaking authorized hereunder to be conducted in or from the Leased Premises; (b) observe all reasonable requirements promulgated by Landlord at any time and from time to time relating to delivery vehicles, the delivery of merchandise, and the storage and removal of trash and garbage; (c) not use any space outside the Leased Premises for sale, storage or any other undertaking; (d) not use the plumbing facilities in the Leased Premises for any purpose other than that for which they were constructed, nor dispose of any foreign substances therein; (e) not use any advertising medium or sound devices inside or adjacent to the Leased Premises which produce or transmit sounds which are audible beyond the interior of the Leased Premises; (f) not permit any odor to emanate from the Leased Premises which is objected to by Landlord or by any tenant or occupant of the Retail Development (and, upon written notice from Landlord, Tenant shall immediately cease and desist from causing such odor, and Landlord may deem the failure by Tenant to do so, a material breach of this Lease); (g) keep the Leased Premises and any platform, loading dock or service area used by Tenant in a neat, clean, safe and sanitary condition; (h) promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all governmental authorities having jurisdiction, and observe and comply with all covenants and restrictions of record and all notices from Landlord's mortgagee, affecting or applicable to the Retail Development or affecting or applicable to the Leased Premises or the cleanliness, safety, occupancy and use of the same, whether or not any such law, ordinance, order, rule, regulation, covenant, restriction, or other requirement is substantial, or foreseen or unforeseen, or ordinary or extraordinary, or shall necessitate structural changes or improvements, shall interfere with the use or enjoyment of the Leased Premises, or shall be directed to or imposed upon Tenant or Landlord, and Tenant shall hold Landlord harmless from any and all cost or expense on account thereof (as used in this Lease, the term "legal requirements" shall include the requirements set forth in this subparagraph); (i) not use the parking areas or sidewalks, common areas or any space on or about the Retail Development (outside the Leased Premises) for display, sale, handbilling, advertising, solicitation, or any other similar undertaking; (j) maintain and operate the heating, ventilating and air conditioning system and equipment servicing the Leased Premises so as to adequately heat and cool the same and to maintain at all times, whether or not Tenant is open for business, temperatures in the Leased Premises which will not drain heat or ventilation or air conditioning from the enclosed mall or other interior areas into the Leased Premises and shall not discharge heat, ventilation or air conditioning from the Leased Premises into the enclosed mall or other interior areassame; and (k) be authorized to do business in the State, evidence of which must be delivered to Landlord on or before the earlier of (I) the Commencement Date or (II) the date that Tenant opens for business in the Leased Premises.

Tenant’s Warranties. The Tenant warrants, represents, covenants and agrees thatto: (i) keep the Demised Premises and any platform or loading dock used by Tenant in a neat and clean condition, in keep sidewalks and alleys adjoining the operation premises free and clear of its business rubbish and shall store all trash and garbage within the Leased Premisespremises and shall arrange for regular pickup and removal thereof; (ii) pay, Tenant shall: (a) pay before delinquency delinquent, any and all taxes, assessments and public charges levied, assessed or imposed upon Tenant's business, business or upon Tenant's fixtures, furnishings or equipment in the Leased Premises, or upon any leasehold interest or personal property of any kind, owned by or placed in or about the Leased Premises by Tenant or by anyone claiming by, through or under Tenant, including, without limitation, any transfer taxes, and pay when and as due all license feesfees of similar nature; (iii) observe all rules and regulations established by Landlord for all tenants in the Plaza; (iv) observe all restrictive covenants of record which are applicable to the Plaza, permit fees and charges provided the same do not prohibit Tenant's permitted use of a similar nature required for the conduct by Tenant or any subtenant or concessionaire of any business or undertaking authorized hereunder to be conducted in or from the Leased Demised Premises; (b) observe all reasonable requirements promulgated by Landlord at any time and from time to time relating to delivery vehicles, the delivery of merchandise, and the storage and removal of trash and garbage; (cv) not use the parking areas or sidewalks or any space outside the Leased Demised Premises for marketing, display, sale, storage storage, or any other similar undertaking; (d) not use the plumbing facilities in the Leased Premises for any purpose other than that for which they were constructed, nor dispose of any foreign substances therein; (evi) not use any advertising medium or sound devices devises inside or adjacent to the Leased Demised Premises which produce may be heard outside the Demised Premises, or transmit sounds which are audible beyond the interior of the Leased Premises; (f) not permit any odor objectionable odors to emanate from the Leased Premises which is objected to by Landlord or by any tenant or occupant of the Retail Development (and, upon written notice from Landlord, Tenant shall immediately cease and desist from causing such odor, and Landlord may deem the failure by Tenant to do so, a material breach of this Lease)Demised Premises; (gvii) keep the Leased Demised Premises sufficiently heated to prevent freezing of water in pipes and any platform, loading dock or service area used by Tenant fixtures in a neat, clean, safe and sanitary conditionabout the Demised Premises; (hviii) promptly comply with all present and future keep the temperature within the Demised Premises at such levels as may be required by any federal, state or local laws, ordinances, orders, rules, regulations and requirements of all governmental authorities having jurisdiction, and observe and comply with all covenants and restrictions of record and all notices from Landlord's mortgagee, affecting or applicable to the Retail Development or affecting or applicable to the Leased Premises or the cleanliness, safety, occupancy and use of the same, whether or not any such law, ordinance, order, rule, regulation, covenant, restriction, or other requirement is substantial, or foreseen or unforeseen, or ordinary or extraordinary, or shall necessitate structural changes or improvements, shall interfere with the use or enjoyment of the Leased Premises, or shall be directed to or imposed upon Tenant or Landlord, and Tenant shall hold Landlord harmless from any and all cost or expense on account thereof (as used in this Lease, the term "legal requirements" shall include the requirements set forth in this subparagraph)regulations; (iix) not use maintain a full and complete stock of merchandise so as to attain the parking areas highest possible Gross Sales; (x} prohibit the burning of any trash of any kind in or sidewalksabout the building nor shall the Tenant permit rubbish, common areas refuse or garbage to accumulate nor permit any space fire or health hazard to exist on or about the Retail Development (outside the Leased Premises) for display, sale, handbilling, advertising, solicitation, or any other similar undertaking; (j) maintain and operate the heating, ventilating and air conditioning system and equipment servicing the Leased Premises so as to adequately heat and cool the same and to maintain at all times, whether or not Tenant is open for business, temperatures in the Leased Premises which will not drain heat or ventilation or air conditioning from the enclosed mall or other interior areas into the Leased Premises and shall not discharge heat, ventilation or air conditioning from the Leased Premises into the enclosed mall or other interior areas; and (k) be authorized to do business in the State, evidence of which must be delivered to Landlord on or before the earlier of (I) the Commencement Date or (II) the date that Tenant opens for business in the Leased Premisespremises.

Tenant’s Warranties. Tenant warrants, represents, covenants and agrees that, in the operation of its business within the Leased Premises, Tenant shall: (a) pay before delinquency any and all taxes, assessments and public charges levied, assessed or imposed upon Tenant's business, or upon Tenant's fixtures, furnishings or equipment in the Leased Premises, or upon any leasehold interest or personal property of any kind, owned by or placed in or about the Leased Premises by Tenant or by anyone claiming by, through or under Tenant, including, without limitation, any transfer taxes, and pay when and as due all license fees, permit fees and charges of a similar nature required for on the conduct by Tenant or by anyone claiming by, through or under Tenant, including without limitation, any transfer taxes, and pay when and as due all license fees, permit fees and charges of a similar nature of the conduct by Tenant or any subtenant or concessionaire of any business or undertaking authorized hereunder to be conducted in or from the Leased Premises; (b) observe all reasonable requirements promulgated by Landlord at any time and from time to time relating to delivery vehicles, the delivery of merchandise, and the storage and removal of trash and garbage; (c) not use any space outside the Leased Premises for sale, storage or any other undertaking; (d) not use the plumbing facilities in the Leased Premises for any purpose other than that for which they were constructed, nor dispose of any foreign substances therein; (e) not use any advertising medium or sound devices inside or adjacent to the Leased Premises which produce or transmit sounds which are audible beyond the interior of the Leased Premises; (f) not permit any odor to emanate from the Leased Premises which is objected to by Landlord or by any tenant or occupant of the Retail Development (and, upon written notice from Landlord, Tenant shall immediately cease and desist from causing such odor, and Landlord may deem the failure by Tenant to do so, . a material breach of this Leaselease); (g) keep the Leased Premises and any platform, loading dock or service area used by Tenant in a neat, clean, safe and sanitary condition; (h) promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all governmental authorities having jurisdiction, and observe and comply with all covenants and restrictions of record and all notices from Landlord's mortgagee, affecting or applicable to the Retail Development or affecting or applicable to the Leased Premises or the cleanliness, safety, occupancy and use of the same, whether or not any such law, ordinance, order, rule, regulation, covenant, restriction, or other requirement is substantial, or foreseen or unforeseen, or ordinary or extraordinary, or shall necessitate structural changes or improvements, shall interfere with the use or enjoyment of the Leased Premises, or shall be directed to or imposed upon Tenant or Landlord, and Tenant shall hold Landlord harmless from any and all cost or expense on account thereof (as used in this Lease, the term "legal o'legal requirements" shall include the requirements set forth in this subparagraph); (i) not use the parking areas or sidewalks, common areas or any space on or about the Retail Development (outside the Leased Premises) for display, sale, handbilling, advertising, solicitation, . or any other similar undertaking; and (j) maintain and operate the heating, ventilating and air conditioning system and equipment servicing the Leased Premises so as to adequately heat and cool the same and to maintain at all times, whether or not Tenant is open for business, temperatures in the Leased Premises which will not drain heat or ventilation or air conditioning from the enclosed mall or other interior areas into the Leased Premises and shall not discharge heat, ventilation or air conditioning from the Leased Premises into the enclosed mall or other interior areas; and (k) be authorized to do business in the State, evidence of which must be delivered to Landlord on or before the earlier of (I) the Commencement Date or (II) the date that Tenant opens for business in the Leased Premises.

Tenant’s Warranties. Tenant warrants, represents, covenants and agrees that, in the operation of its business within the Leased Premises, Tenant shall: (a) pay before delinquency any and all taxes, assessments and public charges levied, assessed or imposed upon Tenant's business, or upon Tenant's fixtures, furnishings or equipment in the Leased Premises, or upon any leasehold interest or personal property of any kind, owned by or placed in or about the Leased Premises by Tenant or by anyone claiming by, through or under Tenant, including, without limitation, any transfer taxes, and pay when and as due all license fees, permit fees and charges of a similar nature required for on the conduct by Tenant or by anyone claiming by, through or under Tenant, including without limitation, any transfer taxes, and pay when and as due all license fees, permit fees and charges of a similar nature of the conduct by Tenant or any subtenant or concessionaire of any business or undertaking authorized hereunder to be conducted in or from the Leased Premises; (b) observe all reasonable requirements promulgated by Landlord at any time and from time to time relating to delivery vehicles, the delivery of merchandise, and the storage and removal of trash and garbage; (c) not use any space outside the Leased Premises for sale, storage or any other undertaking; (d) not use the plumbing facilities in the Leased Premises for any purpose other than that for which they were constructed, nor dispose of any foreign substances therein; (e) not use any advertising medium or sound devices inside or adjacent to the Leased Premises which produce or transmit sounds which are audible beyond the interior of the Leased Premises; (f) not permit any odor to emanate from the Leased Premises which is objected to by Landlord or by any tenant or occupant of the Retail Development (and, upon written notice from Landlord, Tenant shall immediately cease and desist from causing such odor, and Landlord may deem the failure by Tenant to do so, a material breach of this Leaselease); (g) keep the Leased Premises and any platform, loading dock or service area used by Tenant in a neat, clean, safe and sanitary condition; (h) promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all governmental authorities having jurisdiction, and observe and comply with all covenants and restrictions of record and all notices from Landlord's mortgagee, affecting or applicable to the Retail Development or affecting or applicable to the Leased Premises or the cleanliness, safety, occupancy and use of the same, whether or not any such law, ordinance, order, rule, regulation, covenant, restriction, or other requirement is substantial, or foreseen or unforeseen, or ordinary or extraordinary, or shall necessitate structural changes or improvements, shall interfere with the use or enjoyment of the Leased Premises, or shall be directed to or imposed upon Tenant or Landlord, and Tenant shall hold Landlord harmless from any and all cost or expense on account thereof (as used in this Lease, the term "legal requirements" shall include the requirements set forth in this subparagraph); (i) not use the parking areas or sidewalks, common areas or any space on or about the Retail Development (outside the Leased Premises) for display, sale, handbilling, advertising, solicitation, or any other similar undertaking; and (j) maintain and operate the heating, ventilating and air conditioning system and equipment servicing the Leased Premises so as to adequately heat and cool the same and to maintain at all times, whether or not Tenant is open for business, temperatures in the Leased Premises which will not drain heat or ventilation or air conditioning from the enclosed mall or other interior areas into the Leased Premises and shall not discharge heat, ventilation or air conditioning from the Leased Premises into the enclosed mall or other interior areas; and (k) be authorized to do business in the State, evidence of which must be delivered to Landlord on or before the earlier of (I) the Commencement Date or (II) the date that Tenant opens for business in the Leased Premises.

Tenant’s Warranties. Tenant warrants, represents, covenants and agrees that, in the operation of its business within the Leased Premises, Tenant shall: (a) pay before delinquency any and all taxes, assessments and public charges levied, assessed or imposed upon Tenant's business, or upon Tenant's fixtures, furnishings or equipment in the Leased Premises, or upon any leasehold interest or personal property of any kind, owned by or placed in or about the Leased Premises by Tenant or by anyone claiming by, through or under Tenant, including, without limitation, any transfer taxes, and pay when and as due all license fees, permit fees and charges of a similar nature required for the conduct by Tenant or any subtenant or concessionaire of any business or undertaking authorized hereunder to be conducted in or from the Leased Premises; (b) observe all reasonable requirements promulgated by Landlord at any time and from time to time relating to delivery vehicles, the delivery of merchandise, and the storage and removal of trash and garbage; (c) not use any space outside the Leased Premises for sale, storage or any other undertakingundertaking except as provided herein; (d) not use the plumbing facilities in the Leased Premises for any purpose other than that for which they were constructed, nor dispose of any foreign substances therein; (e) not use any advertising medium or sound devices inside or adjacent to the Leased Premises which produce or transmit sounds which are intended to be audible beyond the interior of the Leased PremisesPremises it being expressly understood that Tenant shall be required to soundproof the Leased Premises so as to minimize the impact of the noise created by the Permitted Use on other tenants and patrons of the Retail Development; (f) not permit any odor to emanate from the Leased Premises which is objected to by Landlord or by any tenant or occupant of the Retail Development (and, upon written notice from Landlord, Tenant shall immediately cease and desist from causing such odor, and Landlord may deem the failure by Tenant to do so, a material breach of this Lease); (g) keep the Leased Premises and any platform, loading dock or service area used by Tenant in a neat, clean, safe and sanitary condition; (h) promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all governmental authorities having jurisdiction, and observe and comply with all covenants and restrictions of record and all notices from Landlord's mortgagee, affecting or applicable to the Retail Development or affecting or applicable to the Leased Premises or to the cleanliness, safety, occupancy and use of the same, whether or not any such law, ordinance, order, rule, regulation, covenant, restriction, or other requirement is substantial, or foreseen or unforeseen, or ordinary or extraordinary, or shall necessitate structural changes or improvementsimprovements (provided, however, that Tenant shall not be required to make any structural changes or improvements required pursuant to this Section 4.4(h) with respect to the structural portions of the Leased Premises originally constructed by Landlord, unless such change shall be required by virtue of Tenant's use of the Leased Premises), shall interfere with the use or enjoyment of the Leased Premises, or shall be directed to or imposed upon Tenant or Landlord, and Tenant shall hold Landlord harmless from any and all cost or expense on account thereof (as used in this Lease, the term "legal requirements" shall include the requirements set forth in this subparagraph); (i) not use the parking areas or sidewalks, common areas or any space on or about the Retail Development (outside the Leased Premises) for display, sale, handbilling, advertising, solicitation, or any other similar undertaking; (j) maintain and operate the heating, ventilating and air conditioning system and equipment servicing the Leased Premises so as to adequately heat and cool the same and to maintain at all times, whether or not Tenant is open for business, temperatures in the Leased Premises which will not drain heat or ventilation or air conditioning from the enclosed mall or other interior areas into the Leased Premises and shall not discharge heat, ventilation or air conditioning from the Leased Premises into the enclosed mall or other interior areas; and (k) be authorized to do business in the State, evidence of which must be delivered to Landlord on or before the earlier of (I) the Commencement Date or (II) the date that Tenant opens for business in the Leased Premises.