Common use of Use of Leased Property Clause in Contracts

Use of Leased Property. During the initial 15 year term of the Lease, Lessee must operate a Nissan and BMW franchise, or one or more other new car franchises, from the Leased Property. Throughout the entire Lease Term, Lessee shall have the right to use the Leased Property for the purpose of operating a facility for the sale and servicing of new and used motor vehicles and motor vehicle parts. Lessee shall have the right to use the Leased Property for any other reasonable purpose, without any requirement of consent from Lessor. (a) Lessee shall not use, or permit any other person or entity to use, the Leased Property in any manner which would create or tend to create waste or a nuisance or would be unreasonably offensive to owners or users of neighboring premises. Lessee shall refrain from any activity which would make it impossible for Lessee to insure against loss or damage to the Leased Property or against personal injury or property damage. Lessee shall not overload the floors of the improvements located upon the Leased Property so as to cause any undue or serious stress or strain upon the improvements located upon the Leased Property. Lessee shall not conduct any fire sale, bankruptcy sale or going-out-of-business sale on the Leased Property without the prior consent of Lessor, which consent shall not be withheld unreasonably. (b) Lessee shall promptly comply with all statutes and laws, ordinances, orders, judgments, decrees, injunctions, rules, regulations, licenses, directives and requirements of all federal, state, county, municipal and other governments, commissions, boards, courts, authorities, officials and companies or associations insuring the premises, which now or at any time hereafter may be applicable to the Leased Property or any part thereof, or to any use of or condition of the Leased Property or any part thereof. Lessee shall remedy at Lessee's expense any failure of compliance created through Lessee's fault or by reason of Lessee's use. Notwithstanding the two preceding sentences, Lessee shall have no obligation to take any action to bring the Leased Property into compliance with the Americans with Disabilities Act of 1990 unless specifically directed to do so by the administrative agency having responsibility for enforcement of that Act. (c) Lessee shall be permitted to display on or about the Leased Property, or affix to any improvement located on the Leased Property, any signs or advertisements or notices relating to any business interests of Lithia Motors, Inc. or its affiliates. Any such signs, advertisements or notices shall comply with all applicable governmental rules and regulations relating thereto. Upon expiration or sooner termination of the Lease. Lessee shall be obligated to remove all signs from the Leased Property and repair any damage to the Leased Property resulting from the installation or removal of those signs.

Use of Leased Property. During the initial 15 year term of the Lease, Lessee must operate a Nissan and BMW franchise, 6.01. The Leased Property is leased to Tenant for use by Tenant solely for use as Administrative Offices or one any other lawful purpose. Landlord shall maintain reasonable approval rights for any other use. Tenant shall not use or more other new car franchises, from suffer to be used the Leased Property. Throughout the entire Lease Term, Lessee shall have the right to use the Leased Property for the purpose of operating a facility for the sale and servicing of new and used motor vehicles and motor vehicle parts. Lessee shall have the right to use the Leased Property or any portion thereof, for any other reasonable purpose, without any requirement of consent from Lessorpurpose or purposes whatsoever. (a) Lessee 6.02. Tenant shall not useat all times, during the term hereof, comply with all governmental rules, regulations, ordinances, statutes and laws, and the orders and regulators of the Insurance Services Office or permit any other person body now or entity hereafter exercising similar functions, now or hereafter in effect pertaining to usethe Building, the Leased Property in or Tenant's use thereof and, subject to Section 7 hereof, Tenant shall make all necessary or appropriate changes or repairs whether ordinary or extra-ordinary, foreseen or unforeseen, required thereby. Tenant shall not do, or permit or suffer anything to be done or kept in, on or about the Leased Property which will obstruct or interfere with the rights of other tenants, Landlord or any manner of their agents, employees, servants, contractors, subtenants, licensees, customers or business invitees, or which would create will annoy any of them by unreasonable noise or tend to create waste otherwise, nor will Tenant commit or a permit any nuisance in, on or would be unreasonably offensive to owners or users of neighboring premises. Lessee shall refrain from any activity which would make it impossible for Lessee to insure against loss or damage to about the Leased Property or against personal injury permit any immoral or property damageillegal act to be committed in, on or about said Leased Property. Lessee Except as provided for elsewhere herein, Tenant shall not overload the floors of the improvements located upon maintain the Leased Property so as in good condition and repair, including, but without limitation, the exterior and interior portion of all doors, plate glass, all plumbing and sewage facilities within the Leased Property (including maintaining free flow up to cause any undue or serious stress or strain upon the improvements located upon main sewer line); interior fixtures, walls, floors and ceilings in the Leased Property; and any work performed by or on behalf of Tenant hereunder. Lessee Tenant's obligation for maintenance and repair does not extend to structural portions of the building, exterior roof, walls, foundations, parking lot and any and all offsite improvements and systems. 6.03. Tenant hereby covenants that it, its agent, employees, servants, contractors, subtenants, customers, licensees and business invitees shall abide by the rules and regulations attached hereto as Exhibit 0 and incorporated herein by reference and shall abide by such additional rules and regulations, including amendments and modifications thereof, as Landlord may, from time to time, reasonably adopt for the safety, care and cleanliness of the Leased Property or of the Building or the adjoining grounds or for the preservation of good order thereon. Landlord shall not conduct be liable for the failure of any fire saletenant or occupant of the Building to comply with such rules and regulations or with the terms of any lease of space in the Building, bankruptcy sale or going-out-of-business sale but Landlord shall attempt to compel compliance by all tenants with such rules and regulations and the terms of their respective leases. 6.04. Tenant is hereby given the exclusive right and privilege on the Leased Property without of conducting its energy services business. Said exclusive right shall be limited to 5450 W. Sahara Ave., Las Vegas, Xxxxxx. 0.00. Xxx xxxxxes, alterations, improvements, or additions, structural or otherwise, to or of the prior consent common areas of Lessorthe Building or any part thereof, which consent may be made necessary or required by reason of any law, rule, regulation or order, promulgated by competent governmental authority, shall not be withheld unreasonablybecome part of the "Building Operating Costs" pursuant to Section 3.03.2 herein, however, Landlord shall pay any amount by which the expense of said modifications during any calendar year exceeds the amount of $50,000. (b) Lessee shall promptly comply with all statutes and laws6.05.1. Any changes, ordinancesalterations, ordersimprovements, judgmentsor additions, decreesstructural or otherwise, injunctions, rules, regulations, licenses, directives and requirements to or of all federal, state, county, municipal and other governments, commissions, boards, courts, authorities, officials and companies or associations insuring the premises, which now or at any time hereafter may be applicable to the Leased Property or any part thereof, which may be made necessary or to any use of or condition of the Leased Property or any part thereof. Lessee shall remedy at Lessee's expense any failure of compliance created through Lessee's fault or required by reason of Lessee's use. Notwithstanding the two preceding sentencesany law, Lessee shall have no obligation to take any action to bring the Leased Property into compliance with the Americans with Disabilities Act of 1990 unless specifically directed to do so rule, regulation or order, promulgated by the administrative agency having responsibility for enforcement of that Act. (c) Lessee competent governmental authority, shall be permitted made by and at the sole cost and expense of Landlord. Nothing herein contained shall require Tenant to display on continuously operate an energy services establishment or about the Leased Property, or affix to any improvement located on the Leased Property, any signs or advertisements or notices relating to any business interests other particular type of Lithia Motors, Inc. or its affiliates. Any such signs, advertisements or notices shall comply with all applicable governmental rules and regulations relating thereto. Upon expiration or sooner termination of the Lease. Lessee shall be obligated to remove all signs from the Leased Property and repair any damage to the Leased Property resulting from the installation or removal of those signsbusiness.

Use of Leased Property. During the initial 15 year term of the Lease, Lessee must operate a Nissan and BMW franchise, or one or more other new car franchises, from the Leased Property. Throughout the entire Lease Term, Lessee shall have the right to use the The Leased Property is leased to FVF for the purpose following purposes: § The planting, growing, and harvesting of operating a facility for the sale agricultural crops and servicing of new and used motor vehicles and motor vehicle partsother uses incidental thereto. Lessee shall have the right If FVF desires to use the Leased Property for any other reasonable purpose, without any requirement of consent from Lessor. (a) Lessee FVF shall not use, or permit any other person or entity to use, seek the Leased Property in any manner which would create or tend to create waste or a nuisance or would be unreasonably offensive to owners or users of neighboring premises. Lessee shall refrain from any activity which would make it impossible for Lessee to insure against loss or damage to the Leased Property or against personal injury or property damage. Lessee shall not overload the floors of the improvements located upon the Leased Property so as to cause any undue or serious stress or strain upon the improvements located upon the Leased Property. Lessee shall not conduct any fire sale, bankruptcy sale or going-out-of-business sale on the Leased Property without the prior written consent of LessorCadiz, which consent shall not be withheld unreasonably. unreasonably withheld, delayed or conditioned; provided, that, it shall not be unreasonable for Cadiz to withhold its consent if such other desired use of the Leased Property is inconsistent with the then-existing use of the other portions of the Cadiz Property, including implementation of the Cadiz Water Project, and would have a material adverse effect on such other portions of the Cadiz Property. If Cadiz fails to notify FVF in writing that Cadiz reasonably disapproves FVF’s consent request within ten (b10) Lessee business days after Cadiz receives such consent request, then FVF shall promptly comply deliver a second notice to Cadiz, stating in bold type on the first page thereof “URGENT - FINAL NOTICE,” and if Cadiz fails to respond within 5 days thereafter, then Cadiz shall be deemed to have granted its consent to the change of use requested by FVF. Subject to compliance with all statutes and laws, ordinances, orders, judgments, decrees, injunctions, rules, regulations, licenses, directives and requirements of all federal, state, county, municipal and other governments, commissions, boards, courts, authorities, officials and companies or associations insuring the premises, which now or at any time hereafter may be applicable obligations assigned to FVF under the Limoneira Lease: FVF need not operate the Leased Property or conduct business of any part thereof, nature on the Leased Property; FVF may discontinue operation of the Leased Property at any time or from time to any time; and FVF may vacate the Leased Property. Cadiz hereby represents that a conditional use permit from the County of San Bernardino is not required for agricultural use of the Leased Property. In connection with any farming activities that FVF may conduct on the Leased Property, FVF shall carry on such activities in accordance with commercially reasonable husbandry and farming practices and sound management in accordance with sustainable farming practices and in such a manner that does not degrade the aquifer underlying the Leased Property. FVF shall not use or condition permit the use of the Leased Property or the underlying groundwater for any part thereof. Lessee shall remedy at Lessee's expense unlawful purpose or in any failure way that will interfere with Cadiz’s use of compliance created through Lessee's fault or by reason the portion of Lessee's use. Notwithstanding the two preceding sentences, Lessee shall have no obligation to take any action to bring the Leased Property into compliance with the Americans with Disabilities Act of 1990 unless specifically directed to do so by the administrative agency having responsibility for enforcement of that Act. (c) Lessee shall be permitted to display on or about its property not included in the Leased Property, or affix to any improvement located on the Leased Property, any signs or advertisements or notices relating to any business interests of Lithia Motors, Inc. or its affiliates. Any such signs, advertisements or notices shall comply with all applicable governmental rules and regulations relating thereto. Upon expiration or sooner termination of the Lease. Lessee shall be obligated to remove all signs from the Leased Property and repair any damage to the Leased Property resulting from the installation or removal of those signs.

Use of Leased Property. During The Leased Property is leased to ---------------------- Tenant for general office use (excluding use as a call center facility). Tenant shall not use or allow the initial 15 year term of the Lease, Lessee must operate a Nissan and BMW franchiseLeased Property, or one or more any portion thereof, to be used for any other new car franchisespurpose without the expressed written consent of landlord. Tenant shall be granted access twenty-four (24) hours per day, from seven (7) days per week, fifty-two (52) weeks per annum to the Leased Property. Throughout the entire Lease Term, Lessee Tenant shall have the right to use install, at Tenant's sole cost, a card-key access system on the Leased Property for the purpose of operating a facility for the sale and servicing of new and used motor vehicles and motor vehicle parts. Lessee Property. 6.1 Tenant shall have the right to use the Leased Property for any other reasonable purposenot, without prior written consent of all insurance companies which have issued any requirement insurance of consent from Lessor. (a) Lessee shall not use, or permit any other person or entity to use, the Leased Property in any manner which would create or tend to create waste or a nuisance or would be unreasonably offensive to owners or users of neighboring premises. Lessee shall refrain from any activity which would make it impossible for Lessee to insure against loss or damage kind whatsoever with respect to the Leased Property or against personal injury the Complex, sell, or property damage. Lessee shall not overload the floors of the improvements located suffer to be kept, used or sold in, upon or about the Leased Property so any gasoline, distillate or other petroleum products or any other substance or material of an explosive, inflammable or radiological nature, in such quantities as may be prohibited by any such insurance policy or which may endanger any part of the Complex or its occupants, business patrons or invitees. 6.2 Tenant shall not, without Landlord's prior written approval, operate or permit to cause any undue or serious stress or strain upon the improvements located upon the Leased Property. Lessee shall not conduct any fire sale, bankruptcy sale or going-out-of-business sale be operated on the Leased Property any coin or token- operated vending machines or similar device for the sale or leasing to the public of any goods, wares, merchandise, food, beverages, and/or service, including, without the prior consent of Lessorlimitation, which consent shall not be withheld unreasonablypay telephones, pay lockers, pay toilets, scales and amusement devices. (b) Lessee 6.3 Tenant shall promptly comply with all statutes and laws, ordinances, orders, judgments, decrees, injunctions, rules, regulations, licenses, directives and requirements of all federal, state, county, municipal and other governments, commissions, boards, courts, authorities, officials and companies refrain from using or associations insuring permitting the premises, which now or at any time hereafter may be applicable to the Leased Property or any part thereof, or to any use of or condition of the Leased Property or any part thereof. Lessee shall remedy at Lessee's expense any failure of compliance created through Lessee's fault portion thereof as living quarters, sleeping quarters or by reason of Lessee's use. Notwithstanding the two preceding sentences, Lessee shall have no obligation to take any action to bring the Leased Property into compliance with the Americans with Disabilities Act of 1990 unless specifically directed to do so by the administrative agency having responsibility for enforcement of that Actlodging rooms. (c) Lessee 6.4 Tenant shall be permitted to display not, without Landlord's prior written approval, conduct or permit any fire, bankruptcy, liquidation or auction sale in, on or about the Leased Property. 6.5 Tenant shall not, without Landlord's prior written approval, cover or obstruct any windows, glass doors, lights, skylights, or affix to any improvement located on other apertures that reflect or admit light into the Leased Property. 6.6 Tenant shall not keep, or permit the keeping, of any signs animals of any kind in, about or advertisements upon the Leased Property without Landlord's prior written approval. 6.7 Tenant shall not use the Leased Property for storage or notices relating warehouse purposes beyond such use as is reasonably required to keep the Leased Property adequately supplied for the conduct of Tenant's business purposes. 6.8 Except as provided for elsewhere herein, Tenant shall keep and maintain in good order, condition and repair (including any business interests of Lithia Motors, Inc. or its affiliates. Any such signs, advertisements or notices shall comply with all applicable governmental rules replacement and regulations relating thereto. Upon expiration or sooner termination of the Lease. Lessee shall be obligated to remove all signs from restoration as is required for that purpose) the Leased Property and repair every part thereof and any damage to and all appurtenances thereto wherever located, including, but without limitation, the interior portion of all doors, door checks, windows, plate glass, store front, all plumbing and sewage facilities within the Leased Property resulting including free flow up to the main sewer line, fixtures, the heating, ventilation and air conditioning equipment serving the Leased Property and any work performed by or on behalf of Tenant hereunder. Tenant shall also keep and maintain in good order, condition and repair (including any such replacement and restoration as is required for that purpose) any special equipment, fixtures or facilities other than the usual and ordinary plumbing and utility facilities, which special facilities shall include but not be limited to grease traps (if any), located outside the Leased Property. Landlord agrees to assign to Tenant any warranties Landlord may have pertaining to those parts of the Leased Property Tenant is responsible for maintaining hereunder. Tenant shall store all trash and garbage in metal containers located where designated by Landlord and so as not to be visible or create a nuisance to customers and business invitees in the Complex, and so as not to create or permit any health or fire hazard. 6.9 Tenant shall at all times during the Term of the Lease comply with all governmental rules, regulations, ordinances, statutes and laws, including, but not limited to, all Federal and State laws and regulations regarding hazardous substances and the disposal thereof, and the orders and regulations of the Insurance Service Office or any other body now or hereafter exercising similar functions, now or hereafter in effect pertaining to the Complex, the Leased Property or Tenant's use thereof. 6.10 Tenant hereby covenants and agrees that it, its agents, employees, servants, contractors, subtenants and licensees shall abide by the Rules and Regulations attached hereto as Exhibit C and incorporated herein by reference and such additional rules and regulations hereafter adopted and amendments and modifications of any of the foregoing as Landlord may, from time to time, adopt for the installation safety, care and cleanliness of the Leased Property or removal the Complex or for the preservation of those signsgood order thereon. 6.11 Tenant shall not do, permit or suffer anything to be done, or kept upon the Leased Property which will obstruct or interfere with the rights of other tenants, Landlord or the patrons and customers of any of them, or which will annoy any of them or their patrons or customers by reason of unreasonable noise or otherwise, nor will Tenant commit or permit any nuisance on the Leased Property or commit or suffer any immoral or illegal act to be committed thereon.

Use of Leased Property. During (a) The Leased Property shall be used subject to and in accordance with this Article V. So long as the initial 15 year term Principal Subtenant Sublease remains in effect, the portion of the LeaseLTACH Improvements leased thereunder shall be used only (i) as a licensed long term acute care hospital facility and (ii) for such other uses as may be necessary, Lessee must operate a Nissan and BMW franchiseincidental, profitable or complimentary for such use, subject to the restrictions contained in Section 5.2. So long as any portion of the LTACH Improvements is leased to Xxxxx Healthcare Management, Inc., or one its Affiliate, successor or more assign, such premises may be utilized for any purposes permitted under the applicable Xxxxx Healthcare Management Sublease. Upon expiration or earlier termination of the Principal Subtenant Sublease, the portions of the LTACH that were subject to the Principal Subtenant Sublease as well as any other new car franchisesportions of the LTACH Improvements not subleased to Xxxxx Healthcare Management, from Inc., or its Affiliate, successor or assign, shall not be utilized for any use that is prohibited by this Lease or the REA, including, by way of example and not limitation, those prohibited uses and restrictions set forth in Section 5.2 below. Tenant may request in writing Landlord’s interpretation of a proposed use of the Leased Property to determine if it is Landlord’s opinion that such a proposed use would be in violation of the uses precluded in this Article V. Landlord shall advise Tenant in writing within ten (10) days of receipt of Tenant’s request if in Landlord’s opinion such proposed use would create a violation of the uses precluded by this Article V. If Landlord advises that the proposed use would be in violation, then the proposed use shall be precluded on the Leased Property. Throughout If Landlord fails to timely respond then the entire Lease Term, Lessee proposed use shall have the right be deemed to use the Leased Property for the purpose of operating a facility for the sale and servicing of new and used motor vehicles and motor vehicle parts. Lessee shall have the right to use the Leased Property for any other reasonable purpose, without any requirement of consent from Lessor. (a) Lessee shall not use, or permit any other person or entity to use, the Leased Property in any manner which would create or tend to create waste or a nuisance or would be unreasonably offensive to owners or users of neighboring premises. Lessee shall refrain from any activity which would make it impossible for Lessee to insure against loss or damage to the Leased Property or against personal injury or property damage. Lessee shall not overload the floors of the improvements located upon the Leased Property so as to cause any undue or serious stress or strain upon the improvements located upon the Leased Property. Lessee shall not conduct any fire sale, bankruptcy sale or going-out-of-business sale on the Leased Property without the prior consent of Lessor, which consent shall not be withheld unreasonablypermitted under this Lease. (b) Lessee In no event shall promptly the Leased Property be used for any purpose which would constitute a public or private nuisance or waste or which would violate any of the provisions of any Permitted Encumbrances, (including, without limitation, the Medical Center Master Lease), any Legal Requirements or any covenants or restrictions applicable to the Leased Property. Tenant agrees that with respect to the Permitted Encumbrances (including, without limitation, the Medical Center Master Lease) and any such covenants or restrictions existing as of the date of this Lease, Tenant shall observe, perform and comply with all statutes and lawscarry out the provisions thereof required therein to be observed and performed by Landlord. (c) Tenant shall not permit any unlawful occupation, ordinances, orders, judgments, decrees, injunctions, rules, regulations, licenses, directives and requirements of all federal, state, county, municipal and other governments, commissions, boards, courts, authorities, officials and companies business or associations insuring the premises, which now or at any time hereafter may trade to be applicable to conducted on the Leased Property or any part thereofuse to be made thereof contrary to applicable Legal Requirements. Tenant shall not use, occupy or to permit any use of or condition of the Leased Property to be used or occupied, nor do or permit anything to be done in or on any part thereof. Lessee shall remedy at Lessee's expense any failure of compliance created through Lessee's fault or by reason of Lessee's use. Notwithstanding the two preceding sentences, Lessee shall have no obligation to take any action to bring the Leased Property into compliance with the Americans with Disabilities Act of 1990 unless specifically directed to do so by the administrative agency having responsibility for enforcement of that Act. (c) Lessee shall be permitted to display on or about the Leased Property, in a manner which would (i) make void or affix voidable any insurance which Tenant is required hereunder to maintain then in force with respect to any improvement located on of the Leased Property, (ii) affect the ability of Tenant to obtain any signs insurance which Tenant is required to furnish hereunder, or advertisements (iii) cause any injury or notices relating damage to any business interests of Lithia Motors, Inc. or its affiliates. Any such signs, advertisements or notices shall comply with all applicable governmental rules and regulations relating thereto. Upon expiration or sooner termination of the LTACH Improvements except ordinary wear and tear. (d) Subject to all of the provisions of this Lease. Lessee shall be obligated , so long as no Event of Default exists hereunder, Landlord covenants to remove all signs from do no act to disturb the peaceful and quiet occupation and enjoyment of the Leased Property by Tenant; provided that Landlord may enter upon and repair examine any damage to of the Leased Property resulting from during business hours upon reasonable notice (or at any time and without notice in case of emergency) and exercise any rights and privileges granted to Landlord under the installation or removal provisions of those signsthis Lease and at law.

Use of Leased Property. During the initial 15 year term of the Lease, Lessee must operate a Nissan Tenant shall use and BMW franchise, or one or more other new car franchises, from the Leased Property. Throughout the entire Lease Term, Lessee shall have the right to use occupy the Leased Property ----------------------- exclusively for the Facility Uses specified for each Facility and for all lawful and licensed ancillary uses, including the operation of an Alzheimer's Memory Loss Unit, provided Tenant complies with all applicable Legal Requirements, and for no other purpose without the prior written consent of operating a facility for the sale Landlord. Tenant shall obtain and servicing of new maintain all approvals, licenses, and used motor vehicles and motor vehicle parts. Lessee shall have the right consents needed to use and operate the Leased Property for as herein permitted. Tenant shall deliver to Landlord complete copies of surveys, examinations, certification and licensure inspections, compliance certificates, and other similar reports issued to Tenant by any other reasonable purposegovernmental agency within 10 Business Days after Tenant's receipt of each item. Further, Tenant shall conduct the operation of the Facility at all times in a manner consistent with the level of operation of the Facility as of the date hereof, which shall include without any requirement of consent from Lessor.limitation, Tenant's covenant to do the following: (a) Lessee shall not useto operate the Facility in material compliance with applicable laws and regulations relating thereto and cause all licenses, or permit permits, certificates of need, third party reimbursement contracts, and any other person or entity to use, agreements necessary for the Leased Property in any manner which would create or tend to create waste or a nuisance or would be unreasonably offensive to owners or users of neighboring premises. Lessee shall refrain from any activity which would make it impossible for Lessee to insure against loss or damage to the Leased Property or against personal injury or property damage. Lessee shall not overload the floors use and operation of the improvements located upon Facility or as may be necessary for participation in the Leased Property so as Medicaid or other applicable reimbursement programs in which the Facility participates to cause any undue remain in effect without reduction in the number of licensed units or serious stress or strain upon units authorized for use in the improvements located upon the Leased Property. Lessee shall not conduct any fire sale, bankruptcy sale or going-out-of-business sale on the Leased Property without Medicaid reimbursement programs (unless Tenant first obtains the prior consent of LessorLandlord to such reduction, which consent shall not may be withheld unreasonably.in its sole discretion); (b) Lessee shall promptly comply with all statutes to maintain sufficient inventory and laws, ordinances, orders, judgments, decrees, injunctions, rules, regulations, licenses, directives equipment of types and requirements of all federal, state, county, municipal and other governments, commissions, boards, courts, authorities, officials and companies or associations insuring quantities at the premises, which now or at any time hereafter may be applicable Facility to the Leased Property or any part thereof, or enable Tenant adequately to any use of or condition perform operations of the Leased Property or any part thereof. Lessee shall remedy at Lessee's expense any failure of compliance created through Lessee's fault or by reason of Lessee's use. Notwithstanding the two preceding sentences, Lessee shall have no obligation to take any action to bring the Leased Property into compliance with the Americans with Disabilities Act of 1990 unless specifically directed to do so by the administrative agency having responsibility for enforcement of that Act.Facility; (c) Lessee shall be permitted to display keep all Improvements, Fixtures and equipment located on or about used or useful in connection with the Leased PropertyFacility in good repair, or affix working order and condition, reasonable wear and tear excepted, and from time to any improvement located on time make all needed and proper repairs, renewals, replacements, additions, and improvements thereto to keep the Leased Property, any signs or advertisements or notices relating same in good operating condition; and (d) to any business interests of Lithia Motors, Inc. or maintain sufficient cash in its affiliates. Any such signs, advertisements or notices shall comply with all applicable governmental rules and regulations relating thereto. Upon expiration or sooner termination operating accounts in order to satisfy the working capital needs of the Lease. Lessee shall be obligated to remove all signs from the Leased Property and repair any damage to the Leased Property resulting from the installation or removal of those signsFacility.

Use of Leased Property. During the initial 15 year term of the Lease, Lessee must operate a Nissan Tenant shall use and BMW franchise, or one or more other new car franchises, from the Leased Property. Throughout the entire Lease Term, Lessee shall have the right to use occupy the Leased Property exclusively for the Facility Uses specified for each Facility and for all lawful and licensed ancillary uses, including the operation of an Alzheimer's Memory Loss Unit (provided that Tenant will not change the number of existing Alzheimer units without Landlord's prior consent), provided Tenant complies with all applicable Legal Requirements, and for no other purpose without the prior written consent of operating a facility for the sale Landlord. Tenant shall obtain and servicing of new maintain all approvals, licenses, and used motor vehicles and motor vehicle parts. Lessee shall have the right consents needed to use and operate the Leased Property for as herein permitted. Tenant shall deliver to Landlord complete copies of surveys, examinations, certification and licensure inspections, compliance certificates, and other similar reports issued to Tenant by any other reasonable purposegovernmental agency within 10 Business Days after Tenant’s receipt of each item. Further, Tenant shall conduct the operation of the Facility at all times in a manner consistent with the level of operation of the Facility as of the date hereof, which shall include without any requirement of consent from Lessor.limitation, Tenant’s covenant to do the following: (a) Lessee shall not useto operate the Facility in material compliance with applicable laws and regulations relating thereto and cause all licenses, or permit permits, certificates of need, third party reimbursement contracts, and any other person or entity to use, agreements necessary for the Leased Property in any manner which would create or tend to create waste or a nuisance or would be unreasonably offensive to owners or users of neighboring premises. Lessee shall refrain from any activity which would make it impossible for Lessee to insure against loss or damage to the Leased Property or against personal injury or property damage. Lessee shall not overload the floors use and operation of the improvements located upon Facility or as may be necessary for participation in the Leased Property so as Medicaid or other applicable reimbursement programs in which the Facility participates to cause any undue remain in effect without reduction in the number of licensed units or serious stress or strain upon units authorized for use in the improvements located upon the Leased Property. Lessee shall not conduct any fire sale, bankruptcy sale or going-out-of-business sale on the Leased Property without Medicaid reimbursement programs (unless Tenant first obtains the prior consent of LessorLandlord to such reduction, which consent shall not may be withheld unreasonably.in its sole discretion); (b) Lessee shall promptly comply with all statutes to maintain sufficient inventory and laws, ordinances, orders, judgments, decrees, injunctions, rules, regulations, licenses, directives equipment of types and requirements of all federal, state, county, municipal and other governments, commissions, boards, courts, authorities, officials and companies or associations insuring quantities at the premises, which now or at any time hereafter may be applicable Facility to the Leased Property or any part thereof, or enable Tenant adequately to any use of or condition perform operations of the Leased Property or any part thereof. Lessee shall remedy at Lessee's expense any failure of compliance created through Lessee's fault or by reason of Lessee's use. Notwithstanding the two preceding sentences, Lessee shall have no obligation to take any action to bring the Leased Property into compliance with the Americans with Disabilities Act of 1990 unless specifically directed to do so by the administrative agency having responsibility for enforcement of that Act.Facility; (c) Lessee shall be permitted to display keep all Improvements, Fixtures and equipment located on or about used or useful in connection with the Leased PropertyFacility in good repair, or affix working order and condition, reasonable wear and tear excepted, and from time to any improvement located on time make all needed and proper repairs, renewals, replacements, additions, and improvements thereto to keep the Leased Property, any signs or advertisements or notices relating same in good operating condition; and 3360\019:05/27/04 --LEASE 7 TBARKE\COLUMBIA PACIFIC MGT\GRAND TERRACE (d) to any business interests of Lithia Motors, Inc. or maintain sufficient cash in its affiliates. Any such signs, advertisements or notices shall comply with all applicable governmental rules and regulations relating thereto. Upon expiration or sooner termination operating accounts in order to satisfy the working capital needs of the Lease. Lessee shall be obligated to remove all signs from the Leased Property and repair any damage to the Leased Property resulting from the installation or removal of those signsFacility.

Use of Leased Property. During Section 5.1 (i) The Leased Property shall be used solely as a fluid, multi-purpose office and community event space that is utilized during the initial 15 year annual CNE and throughout the balance of the year. Notwithstanding the prohibited uses specified in subsection 5.2, the gallery space within the Leased Property comprised of pods A, B, C and D as identified in Schedule “B” cumulatively totaling 2,554 square feet may be used for Licensee’s intimate and exclusive workshops, community and social events related to the gallery space and associated activities provided the attendance in the gallery space shall not exceed 120 persons at any such event. Notwithstanding the foregoing, the Tenant shall not use the gallery space for corporate meetings, exhibitions or social functions that could otherwise be facilitated at the Enercare or Beanfield Centres. (ii) Schedule “B” attached to this term sheet indicates equipment areas within the Building which are excluded from the Leased Property and ownership remain in the control of the Landlord. Except in cases of emergency, the Landlord will ensure that its access to or work within these excluded areas is performed so as not to unduly interfere with the Tenant’s Use of the Leased Property. (iii) The following rights are hereby reserved by the Landlord: a. The right of the Landlord, its authorized employees and agents to pass through the Leased Property to gain access to the IT Hub room shown on Schedule "B" for the operation, maintenance, repair, removal and replacement of equipment contained therein, and to the electrical panel in the south wall. Such rights will be exercised on not less than 24 hours' prior notice to the Tenant, except in the case of emergency, when no notice shall be required. The Landlord shall be responsible for any damage caused to the Tenant's property or the Leased Property by the Landlord's employees or agents who pass through the Leased Property in the exercise of such access rights; b. If the Landlord leases the Parking Services Office to a third party at any time during the term of the Lease, Lessee must operate a Nissan and BMW franchise, or one or more other new car franchises, from such third party will require access to the washrooms within the Leased Property. Throughout , the entire Lease TermLandlord shall advise the third party that a cost sharing agreement shall be required related to the costs for the cleaning and maintenance of the washrooms. c. The right of the Landlord, Lessee shall have the right tenant(s) of the Xxxxx Xxxxxxxxx Theatre and the Fountain Dining Room and their employees and invitees, to use the Leased Property for corridor at the purpose of operating a facility for the sale and servicing of new and used motor vehicles and motor vehicle parts. Lessee shall have the right to use the Leased Property for any other reasonable purpose, without any requirement of consent from Lessor. (a) Lessee shall not use, or permit any other person or entity to use, the Leased Property in any manner which would create or tend to create waste or a nuisance or would be unreasonably offensive to owners or users of neighboring premises. Lessee shall refrain from any activity which would make it impossible for Lessee to insure against loss or damage to the Leased Property or against personal injury or property damage. Lessee shall not overload the floors of the improvements located upon the Leased Property so as to cause any undue or serious stress or strain upon the improvements located upon the Leased Property. Lessee shall not conduct any fire sale, bankruptcy sale or going-out-of-business sale on the Leased Property without the prior consent of Lessor, which consent shall not be withheld unreasonably. (b) Lessee shall promptly comply with all statutes and laws, ordinances, orders, judgments, decrees, injunctions, rules, regulations, licenses, directives and requirements of all federal, state, county, municipal and other governments, commissions, boards, courts, authorities, officials and companies or associations insuring the premises, which now or at any time hereafter may be applicable to the Leased Property or any part thereof, or to any use of or condition rear of the Leased Property or any part thereof. Lessee shall remedy at Lessee's expense any failure of compliance created through Lessee's fault or by reason of Lessee's use. Notwithstanding the two preceding sentences, Lessee shall have no obligation to take any action to bring the Leased Property into compliance with the Americans with Disabilities Act of 1990 unless specifically directed to do so by the administrative agency having responsibility for enforcement of that Actas an emergency exit from those premises. (c) Lessee shall be permitted to display on or about the Leased Property, or affix to any improvement located on the Leased Property, any signs or advertisements or notices relating to any business interests of Lithia Motors, Inc. or its affiliates. Any such signs, advertisements or notices shall comply with all applicable governmental rules and regulations relating thereto. Upon expiration or sooner termination of the Lease. Lessee shall be obligated to remove all signs from the Leased Property and repair any damage to the Leased Property resulting from the installation or removal of those signs.