Common use of Use of Demised Premises Clause in Contracts

Use of Demised Premises. (a) Tenant's primary use of the Demised Premises shall be for the operation of a cinema multiplex movie theatre ("Primary Use") and for any other lawful retail use provided that such other retain use does not conflict or compete with the Primary use from time to time of any other tenant in the Shopping Center. In no event, however, may the Demised Premises be used in whole or in part for any of the following: offices (other than as reasonably required in connection with the retain use of the Demised Premises); "adult" pornography theater; bar; restaurant; cafeteria; night club; skating rink; massage parlor; "adult" book store; store selling pornographic materials or devices; game room; funeral parlor; off-track betting establishment. (b) It is understood and agreed that it is of the essence of this lease that Tenant open for business within one hundred and twenty (120) days after the Date of Delivery of Possession, or when Tenant opens for Business, whichever comes first, and thereafter conduct its normal business operating in the entire Demised Premises. Tenant covenants and agrees that it will continuously operate its said business in the entire Demised Premises throughout the term hereof shall remain open for business during the hours designated by Landlord for tenants in the Shopping Center. Tenant's said operational shall be conducted under the trade name "Xxxxxxxxxxx Galleria Ten-Plex" and Tenant may not change such name without Landlord's prior written consent. (c) If Landlord shall permit Tenant to be open for business in the Demised Premises during hours in addition to those which are the normal business hours for other tenants at the Shopping Center, Tenant shall be responsible for any additional costs and expenses incurred by Landlord as a result of Tenant's operation during such additional hours, including, but not limited to any costs and expenses for lighting of the Common Areas and providing security therefore. (a) Landlord covenants and agrees that Landlord will not, at any time during the term of this Lease so long as the Demised Premises are being used by Tenant for the Primary Use as set forth in Section 10.1 (a) above, lease or rent any space or premises within the Shopping Center for the same Primary Use. (b) Notwithstanding the provisions of Paragraph (a) to this Section, in the event that, at any time during the term of this Lease, Landlord desires to lease or rent any space within the Shopping Center, for any use which is described in Paragraph (a), Landlord shall so notify Tenant, such notice to contain the name of the proposed tenant, a description of the proposed use and a description of the floor area and location in the Shopping Center of the premises to be leased to such tenant. Tenant shall then have a period of thirty (30) days after such notice within which to notify Landlord whether or not Tenant elects to enforce the provisions of Paragraph (a) of this Section. If tenant shall notify Landlord that Tenant does not elect to enforce such provisions, or if Tenant shall fail to give any notice to Landlord, within such thirty (30) day period, Tenant shall, subject to the provisions of the final sentence of this paragraph (b), be deemed to have waived its rights and remedies under said Paragraph (a) with respect to the particular leasing described in the notice from Landlord. If Tenant shall notify Landlord that Tenant elects to enforce the provisions of Paragraph (a) of this Section 10.3, then Landlord agrees to comply with such provisions as they apply to the proposed leasing, and, in any such event, Tenant shall automatically be deemed to have agreed to indemnify Landlord and save Landlord harmless from and against any liability, claim, cost or expense arising out of the enforcement of the restrictions and limitations set forth in said Paragraph (a). In not event, however, shall Landlord be obligated to enforce such restrictions and limitations if such enforcement shall expose Landlord to criminal or quasi-criminal prosecution or penalty. In the event that Tenant shall either notify Landlord that Tenant does not elect to enforce the said restrictions and limitations or shall fail to give notice within the thirty (30) day period specified above, and if Landlord shall not conclude a leasing arrangement with the proposed tenant within six (6) months from the date of the expiration of such thirty (30) day period, the provisions of Paragraph (a) and this Paragraph (b) shall again be applicable to the Tenant and premises described in Landlord's aforesaid notice. SECTION 10.3 Tenant agrees that Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord's reasonable opinion, the continued use thereof would impair the reputation of the Shopping Center as a desirable place to shop or is otherwise out of harmony with the general character of the Shopping Center. Upon notice from Landlord, Tenant shall forthwith refrain from or discontinue any such activities. In addition, Tenant agrees to: (a) obey and observe (and compel its officers, employees, contractors, licensees, invitees, subtenants, concessionaires and all others doing business with it) all reasonable rules and regulations established by Landlord from time to time for the conduct of Tenant or for the welfare of the Shopping Center, so long as the same are not discriminatory with respect to Tenant. Landlord shall, except in the case of any emergency, give Tenant at lease five days notice of the establishment thereof: (b) use the Shopping Center name in referring to the location of the Demised Premises in all newspaper or other advertising or other printed material and all other references to the location of the Demised Premises; (c) include the address and identity of its business activity in the the Demised Premises and all advertisements made by Tenant in which the address an identity of any local business activity of like character conducted by Tenant shall be mentioned; (d) participate in any reasonable window cleaning and exterminating program that my be established by Landlord for all or substantially all of the retail stores and businesses in the Shopping Center; (e) operate its business in the Demised Premises with adequate equipment and trade fixtures which shall be new, functional, sufficient and of first class workmanship; and (f) handle and dispose of all rubbish, garbage and waste from Tenant's operations in accordance with regulations established by Landlord and not permit the accumulation (unless concealed in metal containers inside the Demised Premises) or burning of any rubbish or garbage in, on or about any part of the Demised Premises or Shopping Center.

Use of Demised Premises. (a) 5.1 Tenant covenants to use the Demised Premises only for carrying on the business of developing and commercializing proprietary formulations of specialty chemicals dud to permit Landlord to transmit heat, air conditioning, and electric current through the Demised Premises at all times at the discretion of Landlord, provided, however, that Landlord shall not exercise this right in such a way as to unreasonably inconvAni.r2,nce Tenant, or unreasonably interfere with Tenant's primary use of the Demised Premises. All property of any kind which may be on the Demised Premises shall be for at the operation sole risk of a cinema multiplex movie theatre ("Primary Use") and for Tenant or those claiming through or under Tenant. 5.2 Tenant shall not commit, or suffer to be committed, any other lawful retail use provided that such other retain use does not conflict waste on the Demised Premises, nor shall Tenant maintain, commit, or compete with permit the Primary use from time to time maintenance or commission of any other tenant in the Shopping Center. In no event, however, may nuisance on the Demised Premises be used in whole or in part use the Demised Premises for any unlawful purpose. 5.3 Tenant shall comply with any and all laws, ordinances, urder6 and regulations of the following: offices (other than as reasonably required in connection with the retain any governmental authority which are applicable to its use of the Demised Premises); "adult" pornography theater; bar; restaurant; cafeteria; night club; skating rink; massage parlor; "adult" book store; store selling pornographic materials or devices; game room; funeral parlor; off-track betting establishment. (b) It is understood 5.4 Tenant shall allow Landlord to enter premises at any reasonable time tc make inspection and agreed that it is of at any time to act in emergencies. 5.5 Tenant's customers may use the essence of this lease that Tenant open for business within one hundred and twenty (120) days after the Date of Delivery of Possession, or when Tenant opens for Business, whichever comes first, and thereafter conduct its normal business operating in the entire Demised Premises. Tenant covenants and agrees that it will continuously operate its said business in the entire Demised Premises throughout the term hereof shall remain open for business during the hours designated by Landlord for tenants in the Shopping Centercommon parking area on a non-exclusive basis. Tenant's said operational shall be conducted under employees will park in areas designated by the trade name "Xxxxxxxxxxx Galleria Ten-Plex" and Tenant may not change such name without Landlord's prior written consent. (c) If Landlord 5.6 Tenant shall permit Tenant to be open for business in neither abandon nor vacate the Demised Premises during hours in addition to those which are the normal business hours for other tenants at the Shopping Center, Tenant shall be responsible for any additional costs and expenses incurred by Landlord as a result of Tenant's operation during such additional hours, including, but not limited to any costs and expenses for lighting of the Common Areas and providing security therefore. (a) Landlord covenants and agrees that Landlord will not, at any time during the term of this Lease so long as without agreeing to the Demised Premises are being used by Tenant for the Primary Use as set forth in Section 10.1 (a) above, lease or continuation of rent any space or premises within the Shopping Center for the same Primary Useand expenses. (b) Notwithstanding 5.7 Tenant will not be allowed to operate coin machines without Landlord's consent. 5.8 The Tenant shall not sub-let the provisions of Paragraph (a) to premises nor any portion thereof, nor shall this Section, in lease be assigned by the event that, at any time during Tenant without the term of this Lease, Landlord desires to lease or rent any space within the Shopping Center, for any use which is described in Paragraph (a), Landlord shall so notify Tenant, such notice to contain the name prior written consent of the proposed tenant, a description of the proposed use and a description of the floor area and location in the Shopping Center of the premises to be leased to such tenant. Tenant shall then have a period of thirty (30) days after such notice within which to notify Landlord whether or not Tenant elects to enforce the provisions of Paragraph (a) of this Section. If tenant shall notify Landlord that Tenant does not elect to enforce such provisions, or if Tenant shall fail to give any notice to Landlord, within such thirty (30) day period, Tenant shall, subject to the provisions of the final sentence of this paragraph (b), be deemed to have waived its rights and remedies under said Paragraph (a) with respect to the particular leasing described in the notice from Landlord. If Tenant shall notify Landlord that Tenant elects to enforce the provisions of Paragraph (a) of this Section 10.3, then Landlord agrees to comply with such provisions as they apply to the proposed leasing, and, in any such event, Tenant shall automatically be deemed to have agreed to indemnify Landlord and save Landlord harmless from and against any liability, claim, cost or expense arising out of the enforcement of the restrictions and limitations set forth in said Paragraph (a). In not event, however, shall Landlord be obligated to enforce such restrictions and limitations if such enforcement shall expose Landlord to criminal or quasi-criminal prosecution or penalty. In the event that Tenant shall either notify Landlord that Tenant does not elect to enforce the said restrictions and limitations or shall fail to give notice within the thirty (30) day period specified above, and if Landlord shall not conclude a leasing arrangement with the proposed tenant within six (6) months from the date of the expiration of such thirty (30) day period, the provisions of Paragraph (a) and this Paragraph (b) shall again be applicable to the Tenant and premises described in Landlord's aforesaid noticeendorsed hereon. SECTION 10.3 Tenant agrees that Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord's reasonable opinion, the continued use thereof would impair the reputation of the Shopping Center as a desirable place to shop or is otherwise out of harmony with the general character of the Shopping Center. Upon notice from Landlord, Tenant shall forthwith refrain from or discontinue any such activities. In addition, Tenant agrees to: (a) obey and observe (and compel its officers, employees, contractors, licensees, invitees, subtenants, concessionaires and all others doing business with it) all reasonable rules and regulations established by Landlord from time to time for the conduct of Tenant or for the welfare of the Shopping Center, so long as the same are not discriminatory with respect to Tenant. Landlord shall, except in the case of any emergency, give Tenant at lease five days notice of the establishment thereof: (b) use the Shopping Center name in referring to the location of the Demised Premises in all newspaper or other advertising or other printed material and all other references to the location of the Demised Premises; (c) include the address and identity of its business activity in the the Demised Premises and all advertisements made by Tenant in which the address an identity of any local business activity of like character conducted by Tenant shall be mentioned; (d) participate in any reasonable window cleaning and exterminating program that my be established by Landlord for all or substantially all of the retail stores and businesses in the Shopping Center; (e) operate its business in the Demised Premises with adequate equipment and trade fixtures which shall be new, functional, sufficient and of first class workmanship; and (f) handle and dispose of all rubbish, garbage and waste from Tenant's operations in accordance with regulations established by Landlord and not permit the accumulation (unless concealed in metal containers inside the Demised Premises) or burning of any rubbish or garbage in, on or about any part of the Demised Premises or Shopping Center.

Use of Demised Premises. (a) Tenant's primary 4.01. Tenant shall use and occupy the Demised Premises for the Permitted Uses, and Tenant shall not use or permit or suffer the use of the Demised Premises shall be for the operation of a cinema multiplex movie theatre ("Primary Use") and or any part thereof for any other lawful retail use provided that such other retain use does not conflict or compete with the Primary use from time to time of any other tenant in the Shopping Center. In no event, however, may the Demised Premises be used in whole or in part for any of the following: offices (other than as reasonably required in connection with the retain use of the Demised Premises); "adult" pornography theater; bar; restaurant; cafeteria; night club; skating rink; massage parlor; "adult" book store; store selling pornographic materials or devices; game room; funeral parlor; off-track betting establishmentpurpose. (b) It is understood and agreed that it is of the essence of this lease that Tenant open for business within one hundred and twenty (120) days after the Date of Delivery of Possession4.02. If any governmental license or permit, or when Tenant opens for Business, whichever comes first, and thereafter conduct its normal business operating in the entire Demised Premises. Tenant covenants and agrees that it will continuously operate its said business in the entire Demised Premises throughout the term hereof shall remain open for business during the hours designated by Landlord for tenants in the Shopping Center. Tenant's said operational shall be conducted under required for the trade name "Xxxxxxxxxxx Galleria Ten-Plex" proper and Tenant may not change such name without Landlord's prior written consent. (c) If Landlord shall permit Tenant to be open for lawful conduct of Tenant’s business in the Demised Premises during hours in addition to those which are the normal business hours for other tenants at the Shopping Centeror any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit the same to Landlord for inspection. Tenant shall at all times comply with the terms and conditions of each such license or permit. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy the Demised Premises, or do or permit anything to be responsible for done in the Demised Premises, in any additional costs and expenses incurred by Landlord as a result of Tenant's operation during such additional hours, including, but not limited to any costs and expenses for lighting of the Common Areas and providing security therefore. manner which (a) Landlord covenants and agrees that Landlord will not, at any time during violates the term certificate of this Lease so long as occupancy or certificate of continued occupancy (a “Certificate of Occupancy”) for the Demised Premises are being used by Tenant or for the Primary Use as set forth in Section 10.1 (a) above, lease or rent any space or premises within the Shopping Center for the same Primary Use. Building; (b) Notwithstanding causes or is liable to cause injury to the provisions Building or any equipment, facilities or systems therein; (c) constitutes a violation of Paragraph the Legal Requirements or Insurance Requirements; (ad) impairs or tends to impair the character, reputation or appearance of the Building; (e) impairs or tends to impair the proper and economic maintenance, operation and repair of the Building and/or its equipment, facilities or systems; or (f) annoys or inconveniences or tends to annoy or inconvenience other tenants or occupants of the Building. 4.03. Tenant shall not conduct any warehouse sale at the Demised Premises without Landlord’s prior written consent. Outlet store sales from the Retail Premises permitted by paragraph R2 of the Rider to this Section, Lease shall not be considered warehouse sales for purposes of this Section 4.03. Provided Tenant is not in the event that, at any time during the term default of its obligations under this Lease, Landlord desires agrees not to lease or rent unreasonably withhold its consent to not more than three (3) warehouse sales in any space within the Shopping Center, for any use which is described in Paragraph consecutive twelve (a), Landlord shall so notify Tenant, such notice to contain the name of the proposed tenant, a description of the proposed use and a description of the floor area and location in the Shopping Center of the premises to be leased to such tenant12) month period. Tenant shall then have a period pay to Landlord as an Additional Charge, an amount equal to five percent (5%) of thirty Gross Receipts (30as hereinafter defined) from any warehouse sale conducted at the Demised Premises, payable within fifteen (15) days after such notice within which to notify Landlord whether or not Tenant elects to enforce the provisions of Paragraph (a) of this Sectionwarehouse sale. If tenant shall notify Landlord that Tenant does not elect to enforce such provisions, or if Tenant shall fail to give any notice to Landlordcomply, within such thirty (30) day period, Tenant shall, subject to the provisions of the final sentence of this paragraph (b), be deemed to have waived its rights at Tenant’s sole cost and remedies under said Paragraph (a) expense with all Legal Requirements with respect to the particular leasing described in the notice from Landlordany warehouse sale. If Tenant shall notify Landlord that Tenant elects to enforce the provisions of Paragraph (a) of this Section 10.3, then Landlord agrees to comply with such provisions as they apply to the proposed leasing, and, in any such event, Tenant shall automatically be deemed to have agreed to indemnify Landlord and save Landlord harmless from and against any liability, claim, cost or expense arising out of the enforcement of the restrictions and limitations set forth in said Paragraph (a). In not event, however, shall Landlord be obligated to enforce such restrictions and limitations if such enforcement shall expose Landlord to criminal or quasi-criminal prosecution or penalty. In the event that Tenant shall either notify Landlord that Tenant does not elect to enforce the said restrictions and limitations or shall fail to give notice within the thirty (30) day period specified above, and if Landlord shall not conclude a leasing arrangement with the proposed tenant within six (6) months from the date of the expiration of such thirty (30) day period, the provisions of Paragraph (a) and this Paragraph (b) shall again be applicable to the Tenant and premises described in Landlord's aforesaid notice. SECTION 10.3 Tenant agrees that Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord's reasonable opinion, the continued use thereof would impair the reputation of the Shopping Center as a desirable place to shop or is otherwise out of harmony with the general character of the Shopping Center. Upon notice from Landlord, Tenant shall forthwith refrain from or discontinue any such activities. In addition, Tenant agrees to: (a) obey and observe (and compel its officers, employees, contractors, licensees, invitees, subtenants, concessionaires and all others doing business with it) all reasonable rules and regulations established by Landlord from time to time for the conduct of Tenant or for the welfare of the Shopping Center, so long as the same are not discriminatory with respect to Tenant. Landlord shall, except in the case of any emergency, give Tenant at lease five days notice of the establishment thereof: (b) use the Shopping Center name in referring to the location of the Demised Premises in all newspaper or other advertising or other printed material and all other references to the location of the Demised Premises; (c) include the address and identity of its business activity in the the Demised Premises and all advertisements made by Tenant in which the address an identity of any local business activity of like character Any warehouse sale conducted by Tenant shall be mentioned; not more than four (d4) participate consecutive days in any reasonable window cleaning duration. As used herein Gross Receipts shall mean the dollar aggregate of: (a) the actual sales price of all goods and exterminating program that my be established by Landlord merchandise sold, leased or licensed and the charges for all services performed by Tenant or substantially otherwise in connection with all of business conducted at such warehouse sale, whether made for cash, by check, credit or otherwise, without reserve or deduction for inability or failure to collect the retail stores same, including, without limitation, sales and businesses in services (i) where the Shopping Center; (e) operate its business in the Demised Premises with adequate equipment and trade fixtures which shall be new, functional, sufficient and of first class workmanship; and (f) handle and dispose of all rubbish, garbage and waste orders therefor originate at or are accepted at or from Tenant's operations in accordance with regulations established by Landlord and not permit the accumulation (unless concealed in metal containers inside the Demised Premises) , whether delivery or burning of any rubbish performance thereof is made at or garbage in, on or about any part of from the Demised Premises or Shopping Centerany other place, it being understood that all sales made and orders received at or from the Demised Premises shall be deemed to have been made and completed therein even though the orders are fulfilled elsewhere or the payments of account are transferred to some other office for collection, and (ii) where the orders therefor result from solicitation off the Demised Premises but which are conducted by personnel operating from or reporting to or under the control or supervision of any person at the Demised Premises, and (b) all monies or other things of value received by Tenant from its operations at the Demised Premises (which are not excluded from Gross Receipts by the next succeeding sentence) including all finance charges, cost of gift or merchandise certificates and all deposits not refunded to customers. Gross Receipts shall not include (x) the exchange of merchandise between stores of Tenant where such exchange is made solely for the convenient operation of Tenant’s business and neither for the purpose of depriving Landlord of the benefits of a sale which would otherwise be made at or from the Demised Premises nor for the purpose of consummating a sale which has been theretofore made at or from the Demised Premises, or (y) the amount of any city, county, state or federal sales tax, luxury tax or excise tax on sales if the tax is added to the selling price and separately stated and actually paid to the taxing authority by Tenant; provided, however, no franchise or capital stock tax and no income or similar tax based upon income, profits or Gross Receipts shall be deducted from Gross Receipts in any event whatsoever. Cash or credit refunds made upon transactions included within the Gross Receipts, but not exceeding the selling price of merchandise returned by the purchaser and accepted by Tenant, shall be deducted from the Gross Receipts for the period when such refunds are made. Each charge or sale upon installment or credit or layaway, so called, shall be treated as a sale for the full price irrespective of the time when Tenant shall receive payment from its customer. For purposes of this paragraph the word “Tenant” shall include any of Tenant’s subtenants, concessionaires and licensees.

Use of Demised Premises. (a) Tenant's primary use of the The Demised Premises shall be used by Tenant solely and exclusively for research in the operation healthcare field of a cinema multiplex movie theatre ("Primary Use") biopharmaceutics and biotechnology, and for any other lawful retail general office and administrative functions. Tenant's uses may include the discovery, development, testing and analysis of biopharmaceutical and biotechnological products intended for therapeutic, preventive or diagnostic use, quality control, new product development, purification of drug product components for use provided that such other retain use does not conflict or compete with the Primary use from time to time elsewhere, clinical trials, and bulk storage of any other tenant finished product in the Shopping Centerfeasibility stage. In no event, however, may the Demised Premises be used in whole or in part for any of the following: offices (other than as reasonably required Except in connection with the retain activities described above, the manufacture of products for sale or distribution is expressly prohibited. The use of the Demised Premises); "adult" pornography theater; bar; restaurant; cafeteria; night club; skating rink; massage parlor; "adult" book store; store selling pornographic materials or devices; game room; funeral parlor; off-track betting establishment. (b) It is understood and agreed that it is of the essence of this lease that Tenant open for business within one hundred and twenty (120) days after the Date of Delivery of Possession, or when Tenant opens for Business, whichever comes first, and thereafter conduct its normal business operating in the entire Demised Premises. Tenant covenants and agrees that it will continuously operate its said business in the entire Demised Premises throughout the term hereof shall remain open for business during the hours designated by Landlord for tenants in the Shopping Center. Tenant's said operational shall be conducted under the trade name "Xxxxxxxxxxx Galleria Ten-Plex" and Tenant may not change such name without Landlord's prior written consent. (c) If Landlord shall permit Tenant to be open for business animals in the Demised Premises during hours for any research activity is expressly prohibited. All such uses shall be conducted strictly in addition accordance with Landlord's rules, the rules, regulations, ordinances and laws of all governmental units having jurisdiction over such use, and all of the terms and conditions of this Agreement. Landlord acknowledges that Tenant intends to those which conduct proprietary activities in the Demised Premises and agrees that Landlord's employees, agents and invitees are prohibited from entering the normal business hours for other tenants at the Shopping CenterDemised Premises, except as authorized in this Agreement. Tenant shall be responsible for any additional costs to take all safeguards necessary to avoid disclosure of its confidential information, and expenses incurred by Landlord as a result of Tenant's operation during such additional hoursshall reasonably cooperate with Tenant in this regard, including, but not limited if requested by Tenant, the temporary cessation of one or more optional services to any costs and expenses for lighting of the Common Areas and providing security therefore. (a) Landlord covenants and agrees that Landlord will not, at any time during the term of this Lease so long as be provided to the Demised Premises by Landlord, but the periodic charges relating to such services shall not cease, unless Landlord so agrees. If the Landlord and Tenant agree that disclosure of confidential information is necessary, they shall negotiate mutually an appropriate confidentiality agreement. Tenant understands and acknowledges that Landlord conducts proprietary activities at the Research Campus and may lease other space in the Building to third parties, and Tenant agrees that its employees, agents and invitees are being used prohibited from entering any parts of the Building or Research Campus reserved for or dedicated to the conduct of business or research activities by Landlord or other tenants. Landlord represents that the acknowledgment and prohibitions contained in the preceding sentence have been and shall be made provisions of any and all leases entered or to be entered by Landlord with other tenants in the Building. Tenant shall not be permitted to undertake any activity which requires application for new or substituted permits for the Primary Use as set forth in Section 10.1 (a) aboveDemised Premises, lease or rent any space or premises within the Shopping Center amendment of Landlord's existing permits for the same Primary Use. (b) Notwithstanding the provisions of Paragraph (a) Research Campus, without prior notice to this Sectionand consent from Landlord. Landlord, in the event thatreasonable exercise of its discretion, at any time during the term of this Lease, Landlord desires may refuse to lease or rent any space within the Shopping Center, for any use which is described in Paragraph (a), Landlord shall so notify Tenant, such notice allow Tenant to contain the name of the proposed tenant, a description of the proposed use and a description of the floor area and location in the Shopping Center of the premises to be leased to such tenant. Tenant shall then have a period of thirty (30) days after such notice within which to notify Landlord whether or not Tenant elects to enforce the provisions of Paragraph (a) of this Section. If tenant shall notify Landlord that Tenant does not elect to enforce such provisions, or if Tenant shall fail to give any notice to Landlord, within such thirty (30) day period, Tenant shall, subject to the provisions of the final sentence of this paragraph (b), be deemed to have waived its rights and remedies under said Paragraph (a) with respect to the particular leasing described in the notice from Landlord. If Tenant shall notify Landlord that Tenant elects to enforce the provisions of Paragraph (a) of this Section 10.3, then Landlord agrees to comply with such provisions as they apply to the proposed leasing, and, in undertake any such event, Tenant shall automatically be deemed to have agreed to indemnify activity. Landlord and save Landlord harmless from and against any liability, claim, cost represents that no new or expense arising out of substituted permits are required for the enforcement of the restrictions and limitations set forth in said Paragraph (a)activities contemplated under Section 3.01 hereof. In not event, however, shall Landlord be obligated to enforce such restrictions and limitations if such enforcement shall expose Landlord to criminal or quasi-criminal prosecution or penalty. In the event that Tenant shall either notify Landlord that Tenant does not elect to enforce the said restrictions and limitations or shall fail to give notice within the thirty (30) day period specified above, and if Landlord Landlord's approval shall not conclude a leasing arrangement with the proposed tenant within six (6) months from the date of the expiration of such thirty (30) day period, the provisions of Paragraph (a) and this Paragraph (b) shall again be applicable to the Tenant and premises described in Landlord's aforesaid notice. SECTION 10.3 Tenant agrees that Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord's reasonable opinion, the continued use thereof would impair the reputation of the Shopping Center as a desirable place to shop or is otherwise out of harmony with the general character of the Shopping Center. Upon notice from Landlord, Tenant shall forthwith refrain from or discontinue any such activities. In addition, Tenant agrees to: (a) obey and observe (and compel its officers, employees, contractors, licensees, invitees, subtenants, concessionaires and all others doing business with it) all reasonable rules and regulations established by Landlord from time to time required for the conduct of Tenant or for the welfare of the Shopping Center, so long as the same are not discriminatory with respect to Tenant. Landlord shall, except in the case of any emergency, give Tenant at lease five days notice of the establishment thereof: (b) use the Shopping Center name in referring to the location of the Demised Premises in all newspaper or other advertising or other printed material and all other references to the location of the Demised Premises; (c) include the address and identity of its business activity in the the Demised Premises and all advertisements made by Tenant in which the address an identity of any local business activity of like character conducted by Tenant shall be mentioned; (d) participate in any reasonable window cleaning and exterminating program that my be established by Landlord for all or substantially all of the retail stores and businesses in the Shopping Center; (e) operate its business in the Demised Premises with adequate equipment and trade fixtures which shall be new, functional, sufficient and of first class workmanship; and (f) handle and dispose of all rubbish, garbage and waste from Tenant's operations in accordance with regulations established by Landlord application for a hazardous waste generator identification number and not permit the accumulation (unless concealed in metal containers inside the Demised Premises) or burning of any rubbish or garbage in, on or about any part of the Demised Premises or Shopping Centerfor air permits.

Use of Demised Premises. Section 301: Tenant shall construct the Development Improvements as provided in Part I of the Land Disposition Agreement between the City and the Hartford Redevelopment Agency such that the same are substantially completed and ready for occupancy by no later than September 1, 1995. Thereafter, Tenant shall use the Demised Premises and the Development Improvements principally as and for an indoor-outdoor amphitheater/performing arts center, and any uses ancillary or related thereto, including, without limitation concerts, theatrical and musical performances, comedic and comedian performances, dance and ballet performances and any and all other entertainment and/or like cultural uses, with parking and ancillary and related facilities not contrary to the principal entertainment character of the Demised Premises and the Development Improvements and otherwise as provided in and subject to the Land Disposition Agreement between the City and the Hartford Redevelopment Agency. Performances may be limited or confined to the indoor portion of the Development Improvements as the business judgment of the Tenant dictates. Other uses of the Demised Premises or the Development Improvements shall require the consent of Landlord, and CDA so long as CDA provides the CDA Mortgage, which consent of Landlord, and CDA so long as CDA provides the CDA Mortgage, shall not be unreasonably withheld, conditioned or delayed; provided, however, that for so long as the Tax Incremental Financing Bonds (athe "TIF Bonds") Tenantremain outstanding, CDA's primary refusal to consent to such other use or uses of the Demised Premises shall not be deemed unreasonable; and, provided, further, that, for the operation of a cinema multiplex movie theatre ("Primary Use") and for any other lawful retail use provided that such other retain use does not conflict or compete with the Primary use from time to time of any other tenant in the Shopping Center. In no event, however, may the Demised Premises be used in whole or in part for any of the following: offices (other than as reasonably required in connection with the retain use of the Demised Premises); "adult" pornography theater; bar; restaurant; cafeteria; night club; skating rink; massage parlor; "adult" book store; store selling pornographic materials or devices; game room; funeral parlor; off-track betting establishment. (b) It is understood and agreed that it is of the essence of this lease that Tenant open for business within one hundred and twenty (120) days after the Date of Delivery of Possession, or when Tenant opens for Business, whichever comes first, and thereafter conduct its normal business operating in the entire Demised Premises. Tenant covenants and agrees that it will continuously operate its said business in the entire Demised Premises throughout the term hereof shall remain open for business during the hours designated by Landlord for tenants in the Shopping Center. Tenant's said operational shall be conducted under the trade name "Xxxxxxxxxxx Galleria Ten-Plex" and Tenant may not change such name without Landlord's prior written consent. (c) If Landlord shall permit Tenant to be open for business in the Demised Premises during hours in addition to those which are the normal business hours for other tenants at the Shopping Center, Tenant shall be responsible for any additional costs and expenses incurred by Landlord as a result of Tenant's operation during such additional hours, including, but not limited to any costs and expenses for lighting of the Common Areas and providing security therefore. (a) Landlord covenants and agrees that Landlord will not, at any time during the term of this Lease so long as the Demised Premises are being used by Tenant for the Primary Use as set forth in Section 10.1 (a) above, lease or rent any space or premises within the Shopping Center for the same Primary Use. (b) Notwithstanding the provisions of Paragraph (a) to this Section, in the event that, at any time during the term of this Lease, Landlord desires to lease or rent any space within the Shopping Center, for any use which is described in Paragraph (a), Landlord shall so notify Tenant, such notice to contain the name of the proposed tenant, a description of the proposed use and a description of the floor area and location in the Shopping Center of the premises to be leased to such tenant. Tenant shall then have a period of thirty (30) days after such notice within which to notify Landlord whether or not Tenant elects to enforce the provisions of Paragraph (a) of this Section. If tenant shall notify Landlord that Tenant does not elect to enforce such provisions, or if Tenant shall fail to give any notice to Landlord, within such thirty (30) day period, Tenant shall, subject pay full taxes to the provisions of City on the final sentence of this paragraph (b)Development Improvements and the Demised Premises, be deemed to have waived its rights and remedies under said Paragraph (a) with respect to the particular leasing described in the notice from Landlord. If Tenant shall notify Landlord that Tenant elects to enforce the provisions of Paragraph (a) of this Section 10.3, then Landlord agrees to comply with such provisions as they apply to the proposed leasing, and, in any such event, Tenant shall automatically be deemed to have agreed to indemnify Landlord and save Landlord harmless from and against any liability, claim, cost or expense arising out of the enforcement of the restrictions and limitations set forth in said Paragraph (a). In not event, however, shall Landlord be obligated to enforce such restrictions and limitations if such enforcement shall expose Landlord to criminal or quasi-criminal prosecution or penalty. In the event that Tenant shall either notify Landlord that Tenant does not elect to enforce the said restrictions and limitations or shall fail to give notice within the thirty (30) day period specified above, and if Landlord shall not conclude a leasing arrangement with the proposed tenant within six (6) months from the date of the expiration of such thirty (30) day period, the provisions of Paragraph (a) and this Paragraph (b) shall again be applicable to the Tenant and premises described in Landlord's aforesaid notice. SECTION 10.3 Tenant agrees that Landlord shall have the right refusal to prohibit the continued consent to such other use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord's reasonable opinion, the continued use thereof would impair the reputation of the Shopping Center as a desirable place to shop or is otherwise out of harmony with the general character of the Shopping Center. Upon notice from Landlord, Tenant shall forthwith refrain from or discontinue any such activities. In addition, Tenant agrees to: (a) obey and observe (and compel its officers, employees, contractors, licensees, invitees, subtenants, concessionaires and all others doing business with it) all reasonable rules and regulations established by Landlord from time to time for the conduct of Tenant or for the welfare of the Shopping Center, so long as the same are not discriminatory with respect to Tenant. Landlord shall, except in the case of any emergency, give Tenant at lease five days notice of the establishment thereof: (b) use the Shopping Center name in referring to the location uses of the Demised Premises in all newspaper or other advertising or other printed material and all other references to the location of the Demised Premises; (c) include the address and identity of its business activity in the the Demised Premises and all advertisements made by Tenant in which the address an identity of any local business activity of like character conducted by Tenant shall not be mentioned; (d) participate in any reasonable window cleaning and exterminating program that my be established by Landlord for all or substantially all of the retail stores and businesses in the Shopping Center; (e) operate its business in the Demised Premises with adequate equipment and trade fixtures which shall be new, functional, sufficient and of first class workmanship; and (f) handle and dispose of all rubbish, garbage and waste from Tenant's operations in accordance with regulations established by Landlord and not permit the accumulation (unless concealed in metal containers inside the Demised Premises) or burning of any rubbish or garbage in, on or about any part of the Demised Premises or Shopping Centerdeemed unreasonable.

Use of Demised Premises. (a) Tenant's primary use of Lessee shall operate its business in the Demised Premises under the trade names Tel-Com Wireless Cable TV, International Broadcast Corporation, Fifth Avenue Channel, or such other name which is approved by Lessor, and no other trade name and the Demised Premises shall be occupied and used for the operation purpose of a cinema multiplex movie theatre general office (the "Primary UsePERMITTED USE") and for no other purpose. Lessee hereby warrants, that it has the full and unfettered right to use Lessee's trade name and that said use will not in any other lawful retail way infringe on the rights of others. The foregoing specific use provided is a material consideration to Lessor in order that such other retain use does not conflict or compete with the Primary use from time to time of any other tenant in there will be maintained within the Shopping Center. In no event, however, may Center an appropriate tenant mix so as to achieve the Demised Premises be used in whole or in part maximum gross sales for any all tenants and to assure the continued operation of the following: offices (other than as reasonably required in connection with the retain use of the Demised Premises); "adult" pornography theater; bar; restaurant; cafeteria; night club; skating rink; massage parlor; "adult" book store; store selling pornographic materials or devices; game room; funeral parlor; off-track betting establishmenta specialty shopping center development. (b) It is understood and agreed that it is Throughout the term of the essence Lease, the decor and fixturing of this lease that Tenant open for business within one hundred and twenty (120) days after the Date of Delivery of Possession, or when Tenant opens for Business, whichever comes first, and thereafter conduct its normal business operating in the entire Demised Premises. Tenant covenants , Lessee's merchandise and agrees that it will continuously operate its said the operation of Lessee's business in the entire Demised Premises throughout the term hereof shall remain open for business during the hours designated by Landlord for tenants in the Shopping Center. Tenant's said operational shall be conducted under the trade name "Xxxxxxxxxxx Galleria Ten-Plex" and Tenant may not change such name without Landlord's prior written consent. (c) If Landlord shall permit Tenant to be open for business in the Demised Premises during hours in addition to those which are the normal business hours for other tenants at the Shopping Center, Tenant shall be responsible for any additional costs and expenses incurred by Landlord consistent with the operation of a "first-class", "high-quality", general office use as a result those standards of Tenant's operation during such additional hours, including, but not limited may be interpreted from time to any costs and expenses for lighting of the Common Areas and providing security therefore. (a) Landlord covenants and agrees that Landlord will not, at any time during the term of this Lease so long (as opposed to a "general", "promotional" or "self-service" store or business). Lessee shall operate its business at the Demised Premises are being used by Tenant for in as respectable, reputable, tasteful, competent and dignified manner in order to enhance the Primary Use as set forth in Section 10.1 (a) above, lease or rent any space or premises within the Shopping Center for the same Primary Use. (b) Notwithstanding the provisions of Paragraph (a) to this Section, in the event that, at any time during the term of this Lease, Landlord desires to lease or rent any space within the Shopping Center, for any use which is described in Paragraph (a), Landlord shall so notify Tenant, such notice to contain the name of the proposed tenant, a description of the proposed use and a description of the floor area and location in the Shopping Center of the premises to be leased to such tenant. Tenant shall then have a period of thirty (30) days after such notice within which to notify Landlord whether or not Tenant elects to enforce the provisions of Paragraph (a) of this Section. If tenant shall notify Landlord that Tenant does not elect to enforce such provisions, or if Tenant shall fail to give any notice to Landlord, within such thirty (30) day period, Tenant shall, subject to the provisions of the final sentence of this paragraph (b), be deemed to have waived its rights and remedies under said Paragraph (a) with respect to the particular leasing described in the notice from Landlord. If Tenant shall notify Landlord that Tenant elects to enforce the provisions of Paragraph (a) of this Section 10.3, then Landlord agrees to comply with such provisions as they apply to the proposed leasing, and, in any such event, Tenant shall automatically be deemed to have agreed to indemnify Landlord and save Landlord harmless from and against any liability, claim, cost or expense arising out of the enforcement of the restrictions and limitations set forth in said Paragraph (a). In not event, however, shall Landlord be obligated to enforce such restrictions and limitations if such enforcement shall expose Landlord to criminal or quasi-criminal prosecution or penalty. In the event that Tenant shall either notify Landlord that Tenant does not elect to enforce the said restrictions and limitations or shall fail to give notice within the thirty (30) day period specified above, and if Landlord shall not conclude a leasing arrangement with the proposed tenant within six (6) months from the date of the expiration of such thirty (30) day period, the provisions of Paragraph (a) and this Paragraph (b) shall again be applicable to the Tenant and premises described in Landlord's aforesaid notice. SECTION 10.3 Tenant agrees that Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord's reasonable opinion, the continued use thereof would impair the reputation image of the Shopping Center as a specialty shopping center offering quality name brand merchandise and services and as a desirable place to shop or is otherwise out of harmony with the general character shop. The description of the Shopping Center. Upon notice from Landlord, Tenant shall forthwith refrain from or discontinue any such activities. In addition, Tenant agrees to: (a) obey and observe (and compel its officers, employees, contractors, licensees, invitees, subtenants, concessionaires and all others doing business with it) all reasonable rules and regulations established by Landlord from time to time for the conduct standards of Tenant or for the welfare operation of the Shopping Center, so long as the same are not discriminatory with respect to Tenant. Landlord shall, except business conducted in the case of any emergency, give Tenant at lease five days notice of the establishment thereof: (b) use the Shopping Center name in referring to the location of the Demised Premises as "first class", "high quality" general office use as opposed to "general", "promotional" or "self -service" is intended only as a description of the general quality of the merchandise or services Lessee may sell and the general quality of customer service, merchandising, fixturing and decor Lessee must maintain in all newspaper or other advertising or other printed material and all other references to the location operation of the Demised Premises; (c) include the address and identity of its business activity in the the Demised Premises and all advertisements made by Tenant in which the address an identity of any local business activity of like character conducted by Tenant shall be mentioned; (d) participate in any reasonable window cleaning and exterminating program that my be established by Landlord for all or substantially all of the retail stores and businesses in the Shopping Center; (e) operate its business in the Demised Premises with adequate equipment and trade fixtures which shall be new, functional, sufficient and of first class workmanship; and (f) handle and dispose of all rubbish, garbage and waste from Tenant's operations in accordance with regulations established by Landlord and not permit the accumulation (unless concealed in metal containers inside the Demised Premises) or burning of any rubbish or garbage in, on or about any part of the Demised Premises or Shopping Center.

Use of Demised Premises. (a) Tenant shall use the Demised Premises only as home furnishings showroom. Landlord agrees that lease of the Showroom Facility shall contain the same use restriction or a restriction, to use as a wholesale or retail furniture and accessories showroom, so long as this lease is in affect. Nothing contained herein shall prohibit retailing activities of Tenant's primary , such as the retail disposition of discontinued merchandise; provided, however, that it is the intent of both parties that the Demised Premises is to be used mainly and primarily for wholesale transactions with dealers and other home furnishings distributors. Tenant shall, in the use and occupancy of the Demised Premises and the placing of fixtures and alterations therein, comply with all laws, ordinances, orders or regulations of any lawful authority having jurisdiction over the Demised Premises, and Tenant shall not do any act or follow any practice in bout the Demised Premises which shall constitute a nuisance or detract from or impair the reputation of the Showroom Facility; provided, however, that Tenant shall be permitted to make use of the Demised Premises for entertaining of customers at social functions, so long as same does not disturb other Tenants in the nearby facilities. If any alteration to the Showroom Facility, or any alteration to the Demised Premises other than alterations of any fixture or partition placed therein by Tenant, shall be required to comply with any such law, ordinance, order or regulation, Landlord shall make the same at its sole expense. Without limiting the generality of the foregoing, Tenant shall make such arrangements for the operation storage and disposition of a cinema multiplex movie theatre ("Primary Use") all garbage and for any other lawful retail use provided that such other retain use does not conflict or compete with refuse as may be reasonably required by Landlord and the Primary use City of High Point, North Carolina from time to time of any other tenant in the Shopping Center. In no event, however, may and shall at all times keep the Demised Premises be used in whole a neat and orderly condition and clean and free from rubbish and dirt. and shall not cause any noxious, disturbing or in part for any of the following: offices (other than as reasonably required in connection with the retain use of the Demised Premises); "adult" pornography theater; bar; restaurant; cafeteria; night club; skating rink; massage parlor; "adult" book store; store selling pornographic materials offensive odors, fumes or devices; game room; funeral parlor; off-track betting establishment. (b) It is understood and agreed that it is of the essence of this lease that Tenant open for business within one hundred and twenty (120) days after the Date of Delivery of Possessiongases, or when Tenant opens for Businessany smoke, whichever comes firstdust, and thereafter conduct its normal business operating steam or vapors, or any loud or disturbing noise or vibrations to originate in or be emitted from the entire Demised Premises. Tenant covenants and agrees that it will continuously operate its said business in the entire Demised Premises throughout the term hereof shall remain open for business during the hours designated by Landlord for tenants in the Shopping Center. Tenant's said operational shall be conducted under the trade name "Xxxxxxxxxxx Galleria Ten-Plex" and Tenant may not change such name without Landlord's prior written consent. (c) If Landlord shall permit Tenant to be open for business in the Demised Premises during hours in addition to those which are the normal business hours for other tenants at the Shopping Center, Tenant shall be responsible for any additional costs and expenses incurred by Landlord as a result of Tenant's operation during such additional hours, including, but not limited to any costs and expenses for lighting of the Common Areas and providing security therefore. (a) Landlord covenants and agrees that Landlord will not, at any time during the term of this Lease so long as the Demised Premises are being used by Tenant make available suitable receptacles for the Primary Use as set forth in Section 10.1 (a) above, lease or rent any space or premises within the Shopping Center for the same Primary Use. (b) Notwithstanding the provisions disposition of Paragraph (a) to this Section, in the event that, at any time during the term of this Lease, Landlord desires to lease or rent any space within the Shopping Center, for any use which is described in Paragraph (a), Landlord shall so notify Tenant, such notice to contain the name of the proposed tenant, a description of the proposed use and a description of the floor area and location in the Shopping Center of the premises to be leased to such tenant. Tenant shall then have a period of thirty (30) days after such notice within which to notify Landlord whether or not Tenant elects to enforce the provisions of Paragraph (a) of this Section. If tenant shall notify Landlord that Tenant does not elect to enforce such provisions, or if Tenant shall fail to give any notice to Landlord, within such thirty (30) day period, Tenant shall, subject to the provisions of the final sentence of this paragraph (b), be deemed to have waived its rights and remedies under said Paragraph (a) with respect to the particular leasing described in the notice from Landlord. If Tenant shall notify Landlord that Tenant elects to enforce the provisions of Paragraph (a) of this Section 10.3, then Landlord agrees to comply with such provisions as they apply to the proposed leasing, and, in any such event, Tenant shall automatically be deemed to have agreed to indemnify Landlord and save Landlord harmless from and against any liability, claim, cost or expense arising out of the enforcement of the restrictions and limitations set forth in said Paragraph (a). In not event, however, shall Landlord be obligated to enforce such restrictions and limitations if such enforcement shall expose Landlord to criminal or quasi-criminal prosecution or penalty. In the event that Tenant shall either notify Landlord that Tenant does not elect to enforce the said restrictions and limitations or shall fail to give notice within the thirty (30) day period specified above, and if Landlord shall not conclude a leasing arrangement with the proposed tenant within six (6) months from the date of the expiration of such thirty (30) day period, the provisions of Paragraph (a) and this Paragraph (b) shall again be applicable to the Tenant and premises described in Landlord's aforesaid notice. SECTION 10.3 Tenant agrees that Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord's reasonable opinion, the continued use thereof would impair the reputation of the Shopping Center as a desirable place to shop or is otherwise out of harmony with the general character of the Shopping Center. Upon notice from Landlord, Tenant shall forthwith refrain from or discontinue any such activities. In addition, Tenant agrees to: (a) obey and observe (and compel its officers, employees, contractors, licensees, invitees, subtenants, concessionaires and all others doing business with it) all reasonable rules and regulations established by Landlord from time to time for the conduct of Tenant or for the welfare of the Shopping Center, so long as the same are not discriminatory with respect to Tenant. Landlord shall, except in the case of any emergency, give Tenant at lease five days notice of the establishment thereof: (b) use the Shopping Center name in referring to the location of the Demised Premises in all newspaper or other advertising or other printed material and all other references to the location of the Demised Premises; (c) include the address and identity of its business activity in the the Demised Premises and all advertisements made by Tenant in which the address an identity of any local business activity of like character conducted by Tenant shall be mentioned; (d) participate in any reasonable window cleaning and exterminating program that my be established by Landlord for all or substantially all of the retail stores and businesses in the Shopping Center; (e) operate its business in the Demised Premises with adequate equipment and trade fixtures which shall be new, functional, sufficient and of first class workmanship; and (f) handle and dispose of all rubbish, garbage and waste from Tenant's operations in accordance with regulations established by Landlord and not permit the accumulation (unless concealed in metal containers inside the Demised Premises) or burning of any rubbish or garbage in, on or about any part of the Demised Premises or Shopping Centerrefuse.

Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose. (b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste. (c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same. (d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, including specifically, but without limitation, that certain Declaration of Protective Covenants, Agreements, Easements, Charges and Liens for Xxxxxxxx Mill Business Center dated May 31, 2001 and recorded in Book 23510, Page 235 of the Gwinnett County, Georgia public records, as amended by that certain Amendment No. 1 to Declaration of Protective Covenants, Agreements, Easements, Charges and Liens for Xxxxxxxx Mill Business Center, recorded in Deed Book 24400, Page 183, aforesaid records (as amended from time to time, the “Protective Covenants”), and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees. Notwithstanding anything herein to the contrary, Landlord represents and warrants that, as of the Lease Date, the Demised Premises is zoned M-1, Light Industry under the City of Xxxxxx zoning ordinance, and (ii) the Permitted Use is an allowed use under the Protective Covenants. (e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant's primary , are increased over the least hazardous rate available due to the nature of the use of the Demised Premises shall be for the operation of a cinema multiplex movie theatre ("Primary Use") and for any other lawful retail use provided that such other retain use does not conflict or compete with the Primary use from time to time of any other tenant in the Shopping Center. In no event, however, may the Demised Premises be used in whole or in part for any of the following: offices (other than as reasonably required in connection with the retain use of the Demised Premises); "adult" pornography theater; bar; restaurant; cafeteria; night club; skating rink; massage parlor; "adult" book store; store selling pornographic materials or devices; game room; funeral parlor; off-track betting establishment. (b) It is understood and agreed that it is of the essence of this lease that Tenant open for business within one hundred and twenty (120) days after the Date of Delivery of Possession, or when Tenant opens for Business, whichever comes first, and thereafter conduct its normal business operating in the entire Demised Premises. Tenant covenants and agrees that it will continuously operate its said business in the entire Demised Premises throughout the term hereof shall remain open for business during the hours designated by Landlord for tenants in the Shopping Center. Tenant's said operational shall be conducted under the trade name "Xxxxxxxxxxx Galleria Ten-Plex" and Tenant may not change such name without Landlord's prior written consent. (c) If Landlord shall permit Tenant to be open for business in the Demised Premises during hours in addition to those which are the normal business hours for other tenants at the Shopping Center, Tenant shall be responsible for any additional costs and expenses incurred by Landlord as a result of Tenant's operation during pay such additional hours, including, but not limited to any costs and expenses for lighting of the Common Areas and providing security thereforeamount as Additional Rent. (a) Landlord covenants and agrees that Landlord will not, at any time during the term of this Lease so long as the Demised Premises are being used by Tenant for the Primary Use as set forth in Section 10.1 (a) above, lease or rent any space or premises within the Shopping Center for the same Primary Use. (b) Notwithstanding the provisions of Paragraph (a) to this Section, in the event that, at any time during the term of this Lease, Landlord desires to lease or rent any space within the Shopping Center, for any use which is described in Paragraph (a), Landlord shall so notify Tenant, such notice to contain the name of the proposed tenant, a description of the proposed use and a description of the floor area and location in the Shopping Center of the premises to be leased to such tenant. Tenant shall then have a period of thirty (30) days after such notice within which to notify Landlord whether or not Tenant elects to enforce the provisions of Paragraph (a) of this Section. If tenant shall notify Landlord that Tenant does not elect to enforce such provisions, or if Tenant shall fail to give any notice to Landlord, within such thirty (30) day period, Tenant shall, subject to the provisions of the final sentence of this paragraph (b), be deemed to have waived its rights and remedies under said Paragraph (a) with respect to the particular leasing described in the notice from Landlord. If Tenant shall notify Landlord that Tenant elects to enforce the provisions of Paragraph (a) of this Section 10.3, then Landlord agrees to comply with such provisions as they apply to the proposed leasing, and, in any such event, Tenant shall automatically be deemed to have agreed to indemnify Landlord and save Landlord harmless from and against any liability, claim, cost or expense arising out of the enforcement of the restrictions and limitations set forth in said Paragraph (a). In not event, however, shall Landlord be obligated to enforce such restrictions and limitations if such enforcement shall expose Landlord to criminal or quasi-criminal prosecution or penalty. In the event that Tenant shall either notify Landlord that Tenant does not elect to enforce the said restrictions and limitations or shall fail to give notice within the thirty (30) day period specified above, and if Landlord shall not conclude a leasing arrangement with the proposed tenant within six (6) months from the date of the expiration of such thirty (30) day period, the provisions of Paragraph (a) and this Paragraph (b) shall again be applicable to the Tenant and premises described in Landlord's aforesaid notice. SECTION 10.3 Tenant agrees that Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord's reasonable opinion, the continued use thereof would impair the reputation of the Shopping Center as a desirable place to shop or is otherwise out of harmony with the general character of the Shopping Center. Upon notice from Landlord, Tenant shall forthwith refrain from or discontinue any such activities. In addition, Tenant agrees to: (a) obey and observe (and compel its officers, employees, contractors, licensees, invitees, subtenants, concessionaires and all others doing business with it) all reasonable rules and regulations established by Landlord from time to time for the conduct of Tenant or for the welfare of the Shopping Center, so long as the same are not discriminatory with respect to Tenant. Landlord shall, except in the case of any emergency, give Tenant at lease five days notice of the establishment thereof: (b) use the Shopping Center name in referring to the location of the Demised Premises in all newspaper or other advertising or other printed material and all other references to the location of the Demised Premises; (c) include the address and identity of its business activity in the the Demised Premises and all advertisements made by Tenant in which the address an identity of any local business activity of like character conducted by Tenant shall be mentioned; (d) participate in any reasonable window cleaning and exterminating program that my be established by Landlord for all or substantially all of the retail stores and businesses in the Shopping Center; (e) operate its business in the Demised Premises with adequate equipment and trade fixtures which shall be new, functional, sufficient and of first class workmanship; and (f) handle and dispose of all rubbish, garbage and waste from Tenant's operations in accordance with regulations established by Landlord and not permit the accumulation (unless concealed in metal containers inside the Demised Premises) or burning of any rubbish or garbage in, on or about any part of the Demised Premises or Shopping Center.