Common use of Use Generally Clause in Contracts

Use Generally. To the best of Landlord’s actual knowledge, the Demised Premises comply now and upon completion of Landlord’s Work will comply with all applicable laws, ordinances, regulations and restrictive covenants. To the best of Landlord’s actual knowledge, the use listed in Section 1.03 does not violate any restrictive covenants applicable to the Property. Tenant may use the Demised Premises for the purposes stated in Section 1.03 hereof but for none other without Landlord's prior written consent (not to be unreasonably withheld, conditioned, or delayed), provided, however, notwithstanding the generality of the foregoing, in no event shall Tenant make any use of the Demised Premises, the Lot, the Building or the Common Areas which is in violation of any applicable laws, ordinances, statutes, rules or regulations affecting the Demised Premises, the Lot, the Building or the Common Areas, including without limitation general rules and regulations proscribed from time to time by Landlord for the use of the Demised Premises, the Lot, the Building or the Common Areas and restrictions with respect to employee parking in designated employee parking areas as may be developed from time to time by Landlord and delivered to Tenant or posted on the Lot or Building insofar as they might relate to Tenant's use and occupancy of the Demised Premises, nor may Tenant make any use of the Demised Premises not permitted by any present or future lawful restrictive covenants which apply to the Demised Premises, or which is or might constitute a nuisance, or which increases the property, casualty or other insurance premiums (or makes any such insurance unavailable to Landlord or other tenants) on the Lot and Building. Tenant shall not permit its contractors, agents, employees, guests or invitees to place excessive loads on the parking lots and drives. Tenant shall not permit its contractors, agents, employees, guests or invitees to place excessive loads on the floors of the Building. The maximum load shall not exceed Four Hundred (400) pounds per square foot, except in the Manufacturing Area, which will be Eight Hundred (800) pounds per square foot. Tenant shall not allow any animals in the Demised Premises, the Lot, the Building, or the Property other than “seeing eye” dogs that are trained for and engaged in the assistance of one or more visually impaired individuals. Tenant shall not cause any unreasonable odors, noise, vibration, or dust to emanate from the Demised Premises except for noises typically accompanying a general office use (not taking into consideration Tenant’s specific business or operations), or de minimus odors or dust likely to be encountered in any exterior setting; provided in no event shall Tenant allow any odors, noise, vibration or other substance to emanate from the Demised Premises which is or would be harmful to a person’s health or safety or objectionable or offensive to Landlord or any other tenants in Landlord’s reasonable determination. Tenant shall not allow cooking in the Demised Premises other than by household type microwave. Landlord shall be responsible for the Building being in full compliance with the Americans with Disabilities Act (“ADA”) at the Commencement Date. After the Commencement Date, Tenant shall be responsible for the Building being in full compliance with ADA. After the Commencement Date, Landlord shall continue to be responsible for maintaining the access to the Building in compliance with ADA. Landlord’s expense of complying with such laws may or may not be a Direct Expense and thus reimbursed by Tenant based on Article 2.

Use Generally. To the best of Landlord’s actual knowledge, the Demised Premises comply now and upon completion of Landlord’s Work will comply with all applicable laws, ordinances, regulations and restrictive covenants. To the best of Landlord’s actual knowledge, the use listed in Section 1.03 does not violate any restrictive covenants applicable to the Property. Tenant may use the Demised Premises for the purposes stated in Section 1.03 hereof but for none other without Landlord's ’s prior written consent (not to be unreasonably withheld, conditioned, or delayed)consent, provided, however, notwithstanding the generality of the foregoing, in no event shall Tenant make any use of the Demised Premises, the Lot, the Building or the Common Areas which is in violation of any applicable laws, ordinances, statutes, rules or regulations affecting the Demised Premises, the Lot, the Building or the Common Areas, including without limitation general rules and regulations proscribed from time to time by Landlord for the use of the Demised Premises, the Lot, the Building or the Common Areas and restrictions with respect to employee parking in designated employee parking areas as may be developed from time to time by Landlord and delivered to Tenant or posted on the Lot or Building insofar as they might relate to Tenant's ’s use and occupancy of the Demised Premises, nor may Tenant make any use of the Demised Premises not permitted by any present or future lawful restrictive covenants which apply to the Demised Premises, or which is or might constitute a nuisance, or which increases the property, casualty or other insurance premiums (or makes any such insurance unavailable to Landlord or other tenants) on the Lot and Building. Tenant shall not permit its contractors, agents, employees, guests or invitees to place excessive loads on the parking lots and drives. Tenant shall not permit its contractors, agents, employees, guests or invitees to place excessive loads on the floors of the Building. The maximum load shall not exceed Four Hundred (400) pounds per square foot, except in the Manufacturing Area, which will be Eight Hundred (800) pounds per square foot. The Tenant will indemnify Landlord, it agents and employees, and will defend and hold Landlord, it’s agents and employees, harmless from and against any and all loss, cost, damage, liability, claim, cause of action, judgment or expense, including without limitation reasonable attorney’s fees and expenses, resulting or arising from Tenant’s use of the Demised Premises the Lot, the Building, the Common Areas or the Property, whether caused by Tenant or by its agents, servants, employees, independent contractors, invitees or licensees, including without limitation any and all claims and causes of action against, and any and all damages, liabilities, losses, costs or expenses, incurred by the Landlord and arising out of or in any way connected with the application to the Demised Premises of any current or future legislation relating to the presence of any oil, hazardous substances, or waste materials upon the Demised Premises, the Lot, the Building, or the Property. Tenant shall maintain and care for its personal property on the Demised Premises, insure the same and shall neither have nor make any claim against Landlord for any loss or damage to the same. Tenant shall not allow any animals in the Demised Premises, the Lot, the Building, or the Property other than “seeing eye” dogs that are trained for and engaged in the assistance of one or more visually impaired individuals. Tenant shall not cause any unreasonable allow unusual odors, noise, vibration, or dust to emanate from the Demised Premises except for noises typically accompanying a general office use (not taking into consideration Tenant’s specific business or operations), or de minimus odors or dust likely to be encountered in any exterior setting; provided in no event shall Tenant allow any odors, noise, vibration or other substance to emanate from the Demised Premises which is or would be harmful to a person’s health or safety or objectionable or offensive to Landlord or any other tenants in Landlord’s reasonable determinationPremises. Tenant shall not allow cooking in the Demised Premises other than by household type microwave. Landlord shall be responsible for the Building being in full compliance with the Americans with Disabilities Act (“ADA”) at the Commencement Date. After the Commencement Date, Tenant shall be responsible for the Building being in full compliance with ADA. After the Commencement Date, Landlord shall continue to be responsible for maintaining the access to the Building in compliance with ADA. Landlord’s expense of complying with such laws may or may not be a Direct Expense and thus reimbursed by Tenant based on Article 2.

Use Generally. To The above Premises are leased to the best Tenant solely for use as an establishment selling at retail (i) [fill in as applicable], (ii) for on-premises consumption only; [fill in as applicable] and (iii) [fill in as applicable] (the “Permitted Use”) under the trade name “ ” (the “Trade Name”). No other use of the Premises may be made without the prior written consent of the Landlord’s actual knowledge. Tenant shall continuously operate its business under the Trade Name for the Permitted Use in the entire Building during the Term and shall conduct its business at all times in a high class and reputable manner, maintaining at all times, a full staff of employees. Tenant shall keep its business open to the public at least during the hours of 8:00 am and 6:00 pm on Monday through Sunday (collectively, the Demised “Standard Operating Days and Hours”). Notwithstanding the above, Tenant may, in its sole discretion, close its business on holidays. In no event shall Tenant conduct or advertise any auction, fire, going out of business or bankruptcy sale in, on or about the Premises comply now and upon completion of Landlord’s Work will comply with all applicable laws, ordinances, regulations and restrictive covenants. To the best of Landlord’s actual knowledge, the use listed in Section 1.03 does not violate any restrictive covenants applicable to the Property. Tenant may use the Demised Premises for the purposes stated in Section 1.03 hereof but for none other without Landlord's prior written consent (not to in each instance, which consent may be unreasonably withheld, conditioned, or delayed), provided, however, notwithstanding the generality of the foregoing, in no event shall Tenant make any use of the Demised Premises, the Lot, the Building or the Common Areas which is in violation of any applicable laws, ordinances, statutes, rules or regulations affecting the Demised Premises, the Lot, the Building or the Common Areas, including without limitation general rules and regulations proscribed from time to time withheld by Landlord in its sole and absolute discretion. Tenant shall conduct its business on the Premises in a lawful manner. If any governmental license(s) or permit(s) shall be required for the use proper and lawful conduct of the Demised Premises, the Lot, the Building or the Common Areas and restrictions with respect to employee parking in designated employee parking areas as may be developed from time to time by Landlord and delivered to Tenant or posted on the Lot or Building insofar as they might relate to Tenant's use and occupancy of business or other activity carried on in the Demised Premises, nor may Tenant make any use of the Demised Premises not permitted by any present or future lawful restrictive covenants which apply to the Demised Premises, or which is if a failure to procure such a license or permit might constitute a nuisanceor would in any way, or which increases the property, casualty or other insurance premiums (or makes any such insurance unavailable to adversely affect Landlord or other tenantsthe Premises, then Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license(s) on and/or permit(s) and deliver copies of the Lot and Buildingsame to Landlord. Tenant, at Tenant's expense, shall at all times, comply with the requirements of such license(s) and/or permit(s). Tenant shall not permit its contractors, agents, employees, guests or invitees to place excessive loads on the parking lots and drives. Tenant shall not permit its contractors, agents, employees, guests or invitees to place excessive loads on the floors of the Building. The maximum load shall not exceed Four Hundred (400) pounds per square foot, except open for business in the Manufacturing AreaPremises to the public within ( ) days after the Delivery Date, which will be Eight Hundred (800) pounds per square foot. Tenant and shall not allow any animals thereafter diligently conduct its regular business operations in the Demised PremisesPremises under the Trade Name during the Standard Operating Days and Hours, unless the Lot, the Building, or the Property other than “seeing eye” dogs that are trained for and engaged in the assistance of one or more visually impaired individuals. Tenant shall not cause any unreasonable odors, noise, vibration, or dust failure to emanate from the Demised Premises except for noises typically accompanying a general office use (not taking into consideration Tenant’s specific business or operations), or de minimus odors or dust likely to be encountered in any exterior setting; provided in no event shall Tenant allow any odors, noise, vibration or other substance to emanate from the Demised Premises which do so is or would be harmful to a person’s health or safety or objectionable or offensive to Landlord or any other tenants in Landlord’s reasonable determination. Tenant shall not allow cooking in the Demised Premises other than by household type microwave. Landlord shall be responsible for the Building being in full compliance with the Americans with Disabilities Act (“ADA”) at the Commencement Date. After the Commencement Date, Tenant shall be responsible for the Building being in full compliance with ADA. After the Commencement Date, Landlord shall continue to be responsible for maintaining the access to the Building in compliance with ADA. Landlord’s expense of complying with such laws may or may not be a Direct Expense and thus reimbursed by Tenant based on Article 2expressly permitted hereunder.

Use Generally. To the best of Landlord’s actual knowledge, the Demised Premises comply now and upon completion of Landlord’s Work will comply with all applicable laws, ordinances, regulations and restrictive covenants. To the best of Landlord’s actual knowledge, the use listed in Section 1.03 does not violate any restrictive covenants applicable to the Property. Tenant may use the Demised Premises for the purposes stated in Section 1.03 hereof but for none other without Landlord's prior written consent (not to be unreasonably withheld, conditioned, or delayed)consent, provided, however, notwithstanding the generality of the foregoing, in no event shall Tenant make any use of the Demised Premises, the Lot, the Building or the Common Areas which is in violation of any applicable laws, ordinances, statutes, rules or regulations affecting the Demised Premises, the Lot, the Building or the Common Areas, including without limitation general rules and regulations proscribed prescribed from time to time by Landlord for the use of the Demised Premises, the Lot, the Building or the Common Areas and restrictions with respect to employee parking in designated employee parking areas as may be developed from time to time by Landlord and delivered to Tenant or posted on the Lot or Building insofar as they might relate to Tenant's use and occupancy of the Demised Premises, nor may Tenant make any use of the Demised Premises not permitted by any present or future lawful restrictive covenants which apply to the Demised Premises, or which is or might constitute a nuisance, or which increases the property, casualty or other insurance premiums (or makes any such insurance unavailable to Landlord or other tenants) on the Lot and Building. Tenant shall not permit its contractors, agents, employees, guests or invitees to place excessive loads on the parking lots and drives. Tenant shall not permit its contractors, agents, employees, guests or invitees to place excessive loads on the floors of the Building. The maximum load shall not exceed Four Hundred (400) pounds per square foot, except in the Manufacturing Area, which will be Eight Hundred (800) pounds per square foot. Tenant shall not allow any animals in the Demised Premises, the Lot, the Building, or the Property other than “seeing eye” dogs that are trained for and engaged in the assistance of one or more visually impaired individuals. Tenant shall not cause allow any unreasonable odors, noise, vibration, or dust to emanate from the Demised Premises except for noises typically accompanying a general office use (not taking into consideration Tenant’s specific business or operations), or de minimus odors or dust likely to be encountered in any exterior setting; provided in no event shall Tenant allow any odors, noise, vibration or other substance to emanate from the Demised Premises which is or would be harmful to a person’s health or safety or objectionable or offensive to Landlord or any other tenants in Landlord’s reasonable determination. Tenant shall not allow cooking in the Demised Premises other than by household type microwave. Landlord shall be responsible for the Building being in full compliance with the Americans with Disabilities Act (“ADA”) at the Commencement Date. After the Commencement Date, Tenant shall be responsible for the Building being in full compliance with ADA. After the Commencement Date, Landlord shall continue to be responsible for maintaining the access to the Building in compliance with ADA. Landlord’s expense of complying with such laws may or may not be a Direct Expense and thus reimbursed by Tenant based on Article 2.

Use Generally. To the best of Landlord’s actual knowledge, the Demised Premises comply now and upon completion of Landlord’s Work will comply with all applicable laws, ordinances, regulations and restrictive covenants. To the best of Landlord’s actual knowledge, the use listed in Section 1.03 does not violate any restrictive covenants applicable to the Property. Tenant may use the Demised Premises for the purposes stated in Section 1.03 hereof but for none other without Landlord's prior written consent (not to be unreasonably withheld, conditioned, or delayed)consent, provided, however, notwithstanding the generality of the foregoing, in no event shall Tenant make any use of the Demised Premises, the Lot, the Building or the Common Areas which is in violation of any applicable laws, ordinances, statutes, rules or regulations affecting the Demised Premises, the Lot, the Building or the Common Areas, including without limitation general rules and regulations proscribed from time to time by Landlord for the use of the Demised Premises, the Lot, the Building or the Common Areas and restrictions with respect to employee parking in designated employee parking areas as may be developed from time to time by Landlord and delivered to Tenant or posted on the Lot or Building insofar as they might relate to Tenant's use and occupancy of the Demised Premises, nor may Tenant make any use of the Demised Premises not permitted by any present or future lawful restrictive covenants which apply to the Demised Premises, or which is or might constitute a nuisance, or which increases the property, casualty or other insurance premiums (or makes any such insurance unavailable to Landlord or other tenants) on the Lot and Building. Tenant shall not permit its contractors, agents, employees, guests or invitees to place excessive loads on the parking lots and drives. Tenant shall not permit its contractors, agents, employees, guests or invitees to place excessive loads on the floors of the Building. The Buildings, the maximum load shall not exceed Four Hundred (400) pounds per square foot, except in the Manufacturing Area, which will be Eight Hundred (800) pounds per square foot. The Tenant hereby agrees that it will hold Landlord harmless from loss, cost or expense resulting from or occasioned by Tenant's use of the Demised Premises, the Common Areas or other portions of Southport Business Park, whether caused by Tenant or by its agents, servants, employees, independent contractors, invitees or licensees, including, without limitations, any and all claims against, and any and all liabilities, loss, cost or expense, incurred by the Landlord and arising out of or in any way connected with the application to the Demised Premises of any current or future legislation relating to the presence of any oil, hazardous substances, or waste materials upon the Demised Premises, the Building, or other Common Areas. Tenant shall maintain and care for its personal property on the Demised Premises, insure the same and shall neither have nor make any claim against Landlord for any loss or damage to the same. Tenant may not allow any animals in the Demised Premises, Premises or on the Lot, the Building, or the Property other than “seeing eye” dogs that are trained for and engaged in the assistance of one or more visually impaired individualsProperty. Tenant shall may not cause any unreasonable allow unusual odors, noise, vibration, or dust to emanate from the Demised Premises except for noises typically accompanying a general office use (not taking into consideration Tenant’s specific business or operations), or de minimus odors or dust likely to be encountered in any exterior setting; provided in no event shall Tenant allow any odors, noise, vibration or other substance to emanate from the Demised Premises which Premises. No cooking is or would be harmful to a person’s health or safety or objectionable or offensive to Landlord or any other tenants in Landlord’s reasonable determination. Tenant shall not allow cooking allowed in the Demised Premises other than by household type microwave. Landlord shall be responsible for the Building being in full compliance with the Americans with Disabilities Act (“ADA”) at the Commencement Date. After the Commencement Date, Tenant shall be responsible for the Building being in full compliance with ADA. After the Commencement Date, Landlord shall continue to be responsible for maintaining the access to the Building in compliance with ADA. Landlord’s expense of complying with such laws may or may not be a Direct Expense and thus reimbursed by Tenant based on Article 2.

Use Generally. To the best of Landlord’s actual knowledge, the Demised Premises comply now and upon completion of Landlord’s Work will comply with all applicable laws, ordinances, regulations and restrictive covenants. To the best of Landlord’s actual knowledge, the use listed in Section 1.03 does not violate any restrictive covenants applicable to the Property. Tenant may use the Demised Premises for the purposes stated in Section 1.03 hereof hereof, but for none other without Landlord's prior written consent (not to be unreasonably withheld, conditioned, or delayed)consent, provided, however, notwithstanding the generality of the foregoing, in no event shall Tenant make any use of the Demised Premises, the Lot, the Building or the Common Areas which is in violation of any applicable laws, ordinances, statutes, rules or regulations affecting the Demised Premises, the Lot, the Building or the Common Areas, including without limitation general rules and regulations proscribed from time to time by Landlord for the use of the Demised Premises, the Lot, the Building or the Common Areas and restrictions with respect to employee parking in designated employee parking areas as may be developed from time to time by Landlord and delivered to t Tenant or posted on the Lot or Building insofar as they might relate to Tenant's use and occupancy of the Demised Premises, nor may Tenant make any use of the Demised Premises not permitted by any present or future lawful restrictive covenants which apply to the Demised Premises, or which is or might constitute a nuisance, or which increases the property, casualty or other insurance premiums (or makes any such insurance unavailable to Landlord or other tenants) on the Lot and Building. Tenant shall not permit its contractors, agents, employees, guests or invitees to place excessive loads on the parking lots and drives. Tenant shall not permit its contractors, agents, employees, guests or invitees to place excessive loads on the floors of the Building. The Buildings, the maximum load shall not exceed Four Hundred (400) pounds per square foot, except in the Manufacturing Area, which will be Eight Hundred (800) pounds per square foot. TENANT SHALL MAINTAIN AND CARE FOR ITS PERSONAL PROPERTY ON THE DEMISED PREMISES INSURE THE SAME AND SHALL NEITHER HAVE NOR MAKE ANY CLAIM AGAINST LANDLORD FOR ANY LOSS OR DAMAGE TO THE SAME. Tenant shall may not allow any animals in the Demised Premises, the Lot, the Building, Premises or on the Property other than “seeing eye” dogs that are trained for and engaged in the assistance of one or more visually impaired individualsEXCEPT FOR SEEING EYE DOGS. Tenant shall may not cause any unreasonable allow unusual odors, noise, vibration, or dust to emanate from the Demised Premises except for noises typically accompanying a general office use (not taking into consideration Tenant’s specific business or operations), or de minimus odors or dust likely to be encountered in any exterior setting; provided in no event shall Tenant allow any odors, noise, vibration or other substance to emanate from the Demised Premises which Premises. No cooking is or would be harmful to a person’s health or safety or objectionable or offensive to Landlord or any other tenants in Landlord’s reasonable determination. Tenant shall not allow cooking allowed in the Demised Premises other than by household type microwave. Landlord shall be responsible for To the Building being in full compliance with the Americans with Disabilities Act (“ADA”) at the Commencement Date. After the Commencement Dateextent of insurance proceeds actually received by Landlord, Tenant shall be responsible for the Building being in full compliance with ADA. After the Commencement Date, Landlord shall continue to be responsible for maintaining the access but subject to the Building in compliance with ADA. Landlord’s expense terms of complying with such laws may or may not be a Direct Expense and thus reimbursed by Tenant based on Article 2Section 8.06 of this Lease, LANDLORD SHALL REMAIN LIABLE FOR ALL DIRECT DAMAGES SUFFERED BY TENANT BY AN ACT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY LANDLORD AND/OR ITS AGENTS.