Common use of Use of Leased Premises; Quiet Enjoyment Clause in Contracts

Use of Leased Premises; Quiet Enjoyment. (a) Tenant shall (subject to Paragraph 4(b)) use the Leased Premises only for the retail sale of fuel to motor vehicles and uses related or incidental thereto, including, without limitation, (i) services related to the operation of motor vehicles; (ii) the retail sale of food, beverages and other convenience store items including tobacco, liquor and other consumer goods; (iii) restaurant or food service preparation (either directly or through agreements with third parties); (iv) ATM machines, check cashing, money orders and other financial services; (v) billboards; (vi) car wash facilities; and (vii) such other related or incidental uses as are or may be at any time during the Term, in the reasonable judgment of the Tenant, compatible with the retail sale of fuel to motor vehicles (the “Permitted Use”). In no event shall the Leased Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance, any REA, any Prime Lease, any Legal Requirement, any Insurance Requirement or any covenants, restrictions or agreements hereafter created by or consented to in writing by Tenant applicable to the Leased Premises. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to in writing by Tenant, Tenant shall observe, perform and comply with and carry out the provisions required therein to be observed and performed by Landlord. It is expressly understood that Tenant may sublease the Leased Premises to subtenants pursuant to subleases, sub-franchise agreements or other agreements entered into by Tenant, as sublandlord, from time to time, in accordance with Paragraphs 17 and 18 hereof. (b) Tenant shall not permit any unlawful occupation, business or trade to be conducted on the Leased Premises or any use to be made thereof contrary to applicable Legal Requirements or Insurance Requirements. Tenant shall not use, occupy or permit the Leased Premises to be used or occupied, nor do or permit anything to be done in or on the Leased Premises, in a manner which would (i) make void or voidable any insurance which Tenant is required hereunder to maintain in force with respect to the Leased Premises, (ii) affect the ability of Tenant to obtain any insurance which Tenant is required to furnish hereunder, or (iii) knowingly cause any injury or damage to any of the Improvements unless pursuant to Alterations permitted under Paragraph 12 hereof. (c) Subject to all of the provisions of this Lease, so long as no Event of Default exists hereunder, Landlord covenants that neither Landlord nor any person or entity claiming by, through or under Landlord shall disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by Tenant or its permitted subtenants or assignees, but subject in all events to (i) any Prime Lease, (ii) the Permitted Encumbrances, and (iii) all Legal Requirements and Insurance Requirements, including any existing violation thereof. (d) Tenant shall be responsible for determining whether or not zoning is appropriate for the Permitted Use and obtaining and maintaining all permits and approvals required by applicable Legal Requirements Laws in connection with Tenant’s specific manner of use, and specific character of, operations at the Leased Premises and shall provide a copy of the same to Landlord upon receipt of same, if applicable.

Use of Leased Premises; Quiet Enjoyment. (a) a. Tenant shall (subject to Paragraph 4(b)) may use the Leased Premises only as an entertainment-recreation--amusement-restaurant-bar complex similar to other Dave & Buster's facilities in the United States providing goods anx xxrvices, which goods and services may primarily include, but not be limited to, the provision, sale, rental, and use for the retail sale pecuniary consideration, of fuel to motor vehicles virtual reality games, video games, so-called arcade games, rides and uses related or incidental theretoamusements, includingbilliards, without limitationgolf, (i) services related to the operation of motor vehicles; (ii) the retail sale of play-for-fun blackjack, bowling, dance, nightclub and other amusements, food, beverages (alcoholic and non-alcoholic), party and catering facilities and play areas (some of which games, rides, etc. may provide for the opportunity to win prizes and/or other convenience store items including tobaccobenefits, liquor and e.g., additional free games, by direct reward or through any other consumer goods; (iii) restaurant or food service preparation (method, either directly or through agreements with third partiesvia a process of redemption) (any one or more of the foregoing uses is sometimes referred to herein as an "ENTERTAINMENT/FOOD USE"); (iv) ATM machines. The parties hereby recognize that this type of complex is in a constantly evolving state, check cashingas is the entertainment-recreation-amusement industry and that, money orders and provided Tenant operates the Dave & Buster's herein in a consistent manner as it is then operatxxx substantially all other financial services; (v) billboards; (vi) car wash facilities; and (vii) such other related or incidental uses as are or may be at any time during the Term, Dave & Buster's facilities in the reasonable judgment of the TenantUnited States, compatible with the retail sale of fuel to motor vehicles (the “Permitted Use”)changes consistenx xxth such evolution may occur. In no event shall the Leased Premises be used for any purpose which (other than Entertainment/Food Use) that shall violate any of the provisions of any Permitted Encumbrance, any REA, any Prime Lease, any Legal Requirement, any Insurance Requirement Encumbrance or any covenants, restrictions REAs, restrictions, or agreements hereafter created by or consented to in writing by Tenant applicable to the Leased Premises. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions REAs, restrictions, or agreements hereafter created by or consented to in writing by Tenant, Tenant shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord. It is expressly understood that Tenant may sublease the Leased Premises . b. Subject to subtenants pursuant to subleases, sub-franchise agreements or other agreements entered into by Tenant, as sublandlord, from time to time, in accordance with Paragraphs 17 and 's rights under Paragraph 18 hereof. (b) , Tenant shall not permit any unlawful occupation, business business, or trade to be conducted on the Leased Premises or any use to be made thereof contrary to applicable Legal Requirements or Insurance RequirementsRequirements and shall not create any public or private nuisances. Subject to Tenant's rights under Paragraph 18, Tenant shall not use, occupy occupy, or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Leased Premises, in a manner which would (i) make void or voidable any insurance which Tenant is required hereunder to maintain then in force with respect to any of the Leased Premises, (ii) affect the ability of Tenant to obtain any insurance which Tenant is required to furnish hereunder, or (iii) knowingly cause any injury or damage to any of the Improvements unless pursuant to Alterations permitted under Paragraph 12 hereof. (c) c. Subject to all of the provisions of this Lease, so long as no Event of Default exists hereunder, Landlord covenants that neither Landlord nor any person or entity claiming by, through or under Landlord shall to do no act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by Tenant or its permitted subtenants or assignees, but subject in all events to (i) any Prime Lease, (ii) the Permitted Encumbrances, and (iii) all Legal Requirements and Insurance Requirements, including any existing violation thereofTenant. (d) Tenant shall be responsible for determining whether or not zoning is appropriate for the Permitted Use and obtaining and maintaining all permits and approvals required by applicable Legal Requirements Laws in connection with Tenant’s specific manner of use, and specific character of, operations at the Leased Premises and shall provide a copy of the same to Landlord upon receipt of same, if applicable.

Use of Leased Premises; Quiet Enjoyment. (a) a. Tenant shall (subject to Paragraph 4(b)) may use the Leased Premises only as an entertainment-recreation-amusement-restaurant-bar complex similar to other Dave & Buster's facilities in the United States providing goods and xxxvices, which goods and services may primarily include, but not be limited to, the provision, sale, rental, and use for pecuniary consideration, of virtual reality games, video games, so-called arcade games, rides and amusements, billiards, golf, play-for-fun blackjack, bowling, dance, nightclub and other amusements, food, beverages (alcoholic and non-alcoholic), party and catering facilities and play areas (some of which games, rides, etc. may provide for the retail sale opportunity to win prizes and/or other benefits, e.g., additional free games, by direct reward or through any other method, either directly or via a process of fuel redemption) (any one or more of the foregoing uses is sometimes referred to motor vehicles and uses related herein as an "ENTERTAINMENT/FOOD USE"), or incidental thereto, including, without limitation, any lawful use that does not violate: (i) services related to the operation terms of motor vehicles; any REA, (ii) the retail sale of foodany Legal Requirements, beverages and other convenience store items including tobacco, liquor and other consumer goods; or (iii) restaurant or food service preparation (either directly or through agreements with third parties); (iv) ATM machinesany Insurance Requirements. The parties hereby recognize that this type of complex is in a constantly evolving state, check cashingas is the entertainment-recreation-amusement industry and that, money orders and provided Tenant operates the Dave & Buster's herein in a consistent manner as it is then operatixx xubstantially all other financial services; (v) billboards; (vi) car wash facilities; and (vii) such other related or incidental uses as are or may be at any time during the Term, Dave & Buster's facilities in the reasonable judgment of the TenantUnited States, compatible with the retail sale of fuel to motor vehicles (the “Permitted Use”)changes consistent xxxh such evolution may occur. In no event shall the Leased Premises be used for any purpose which (including Entertainment/Food Use) that shall violate any of the provisions of any Permitted Encumbrance, any REALegal Requirements, any Prime LeaseInsurance Requirements, any Legal Requirement, any Insurance Requirement or any covenants, restrictions restrictions, or agreements hereafter created by or consented to in writing by Tenant applicable to the Leased Premises. Tenant agrees that with respect to the Permitted Encumbrances Encumbrances, Legal Requirements, Insurance Requirements, and any covenants, restrictions restrictions, or agreements hereafter created by or consented to in writing by Tenant, Tenant Tenant, at its sole cost and expense, shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord. It is expressly understood that Tenant may sublease the Leased Premises . b. Subject to subtenants pursuant to subleases, sub-franchise agreements or other agreements entered into by Tenant, as sublandlord, from time to time, in accordance with Paragraphs 17 and 's rights under Paragraph 18 hereof. (b) , Tenant shall not permit or suffer any unlawful occupation, business business, trade or trade other activities to be conducted on or about the Leased Premises or any use to be made thereof contrary to applicable Legal Requirements or Insurance Requirements. Subject to Tenant's rights under Paragraph 18, Tenant shall not use, occupy occupy, or permit or suffer any of the Leased Premises to be used or occupied, nor do or permit or suffer anything to be done in or on or about any of the Leased Premises, in a manner which would (i) make void or voidable any insurance which Tenant is required hereunder to maintain then in force with respect to any of the Leased Premises, (ii) affect the ability of Tenant to obtain any insurance which Tenant is required to furnish hereunder, or (iii) knowingly cause any injury or damage to any of the Improvements unless pursuant to Alterations permitted under Paragraph 12 hereof, or (iv) constitute a public or private nuisance or waste. . (c) c. Subject to all of the provisions of this Lease, so long as no Event of Default exists hereunder, Landlord covenants that neither Landlord nor any person or entity claiming by, through or under Landlord shall to do no act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by Tenant or its permitted subtenants or assignees, but subject in all events to (i) any Prime Lease, (ii) the Permitted Encumbrances, and (iii) all Legal Requirements and Insurance Requirements, including any existing violation thereofTenant. (d) Tenant shall be responsible for determining whether or not zoning is appropriate for the Permitted Use and obtaining and maintaining all permits and approvals required by applicable Legal Requirements Laws in connection with Tenant’s specific manner of use, and specific character of, operations at the Leased Premises and shall provide a copy of the same to Landlord upon receipt of same, if applicable.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant shall (subject to Paragraph 4(b)) use the Leased Premises only for the retail sale of fuel to motor vehicles and uses related or incidental thereto, including, without limitation, (i) services related to the operation of motor vehicles; (ii) the retail sale of food, beverages and other convenience store items including tobacco, liquor and other consumer goods; (iii) restaurant or food service preparation (either directly or through agreements with third parties); (iv) ATM machines, check cashing, money orders and other financial services; (v) billboards; (vi) car wash facilities; and (vii) such other related or incidental uses as are or may be at any time during the Term, in the reasonable judgment of the Tenant, compatible with the retail sale of fuel to motor vehicles (the “Permitted Use”). In no event shall the Leased Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance, any REA, any the Prime Lease, any Legal Requirement, any Insurance Requirement or any covenants, restrictions or agreements hereafter created by or consented to in writing by Tenant applicable to the Leased Premises. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to in writing by Tenant, Tenant shall observe, perform and comply with and carry out the provisions required therein to be observed and performed by Landlord. It is expressly understood that Tenant may sublease the Leased Premises to subtenants pursuant to subleases, sub-franchise agreements or other agreements entered into by Tenant, as sublandlord, from time to time, in accordance with Paragraphs 17 and 18 hereof. (b) Tenant shall not permit any unlawful occupation, business or trade to be conducted on the Leased Premises or any use to be made thereof contrary to applicable Legal Requirements or Insurance Requirements. Tenant shall not use, occupy or permit the Leased Premises to be used or occupied, nor do or permit anything to be done in or on the Leased Premises, in a manner which would (i) make void or voidable any insurance which Tenant is required hereunder to maintain in force with respect to the Leased Premises, (ii) affect the ability of Tenant to obtain any insurance which Tenant is required to furnish hereunder, or (iii) knowingly cause any injury or damage to any of the Improvements unless pursuant to Alterations permitted under Paragraph 12 hereof. (c) Subject to all of the provisions of this Lease, so long as no Event of Default exists hereunder, Landlord covenants that neither Landlord nor any person or entity claiming by, through or under Landlord shall disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by Tenant or its permitted subtenants or assignees, but subject in all events to (i) any Prime Lease, (ii) the Permitted Encumbrances, and (iii) all Legal Requirements and Insurance Requirements, including any existing violation thereof. (d) Tenant shall be responsible for determining whether or not zoning is appropriate for the Permitted Use and obtaining and maintaining all permits and approvals required by applicable Legal Requirements Laws in connection with Tenant’s specific manner of use, and specific character of, operations at the Leased Premises and shall provide a copy of the same to Landlord upon receipt of same, if applicable.Legal