Common use of Use of the Leased Premises Clause in Contracts

Use of the Leased Premises. Tenant agrees to use the Leased Premises as a deli and grill to serve breakfast, lunch, and dinner food items, snacks, and non-alcoholic beverages to owners and guests at the Resort, to be known as "Palm Cafe", and for no other purpose. Tenant understands and agrees that Landlord shall have no obligation hereunder to supply any equipment, inventory or supplies necessary for conducting Tenant's business except as specifically provided herein, and Landlord expressly makes no representation or warranty as to the fitness of the Leased Premises for the purposes herein intended. Tenant will not commit waste upon the Leased Premises or the Resort, nor do or permit to be done in or about the Leased Premises or the Resort, nor bring or keep or permit to be brought to or kept therein, anything prohibited by or which in any way will conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard for fire or other insurance upon the Leased Premises or any of its contents, nor cause a cancellation of any insurance policy covering the Leased Premises or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Leased Premises or the Resort which will in any way obstruct or interfere with the normal operation of the Resort or its HVAC, plumbing, or other mechanical or electrical systems. Further, Tenant shall not alter the appearance of the exterior or interior of the Resort or any portion of the Leased Premises, nor shall it interfere with the rights of guests or other Tenants or invitees of the Leased Premises, or injure or annoy them, or use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant further represents and warrants that it shall not cause, maintain or permit any nuisance in, on or about the Leased Premises or commit or suffer to be committed any waste in, on or about the Leased Premises or the Resort.

Use of the Leased Premises. The use of the Leased Premises shall be restricted to Ski Area, ski shelter, restroom, meeting and food and beverage services amenities and uses only. Approval of additional uses will not be unreasonably withheld. Furthermore, the Leased Premises shall be used and occupied by Tenant agrees in a careful, safe and proper manner and Tenant shall pay on demand for any damage to the Leased Premises caused by the misuse of same by it, its agents, employees, licensees and invitees. Tenant shall use the Leased Premises as a deli only for purposes not prohibited by the laws, regulations, covenants and grill to serve breakfastordinances of the United States, lunchthe State of Wyoming, Teton County and dinner food items, snacks, and non-alcoholic beverages to owners and guests at the Resort, to be known as "Palm Cafe", and for no other purposeTown of Jackson. Tenant understands and agrees that Landlord shall have no obligation hereunder to supply not use or keep any equipmentsubstance or material ix xx xxout the Leased Premises, inventory which may vitiate or supplies necessary for conducting Tenant's business except as specifically provided herein, and Landlord expressly makes no representation or warranty as to endanger the fitness validity of the insurance on the Leased Premises or increase the hazard of the risk. Landlord agrees that Tenant may allow the use of the parking area for float trip pickups and drop offs by float trip businesses, hereinafter referred to as "operators". The Tenant agrees to the following conditions for all float trip pick ups and drop offs: a. Landlord shall approve of the number of operators allowed each season and the number of times each day anyone operator may use the parking lot. b. Each operator shall be assigned a specific site in the parking lot for all of its pick ups and drop offs, each site to be approved by Landlord. c. River trip operators' buses, vans or other vehicles, picking up river trip clients or returning them from river trips, will be present in the parking area only for the purposes herein intendedtime necessary to gather or disembark those clients, and will be returned to the operator's private staging and storage area between river trips, or when otherwise not actively engaged in meeting, loading, or unloading, river trip clients. River trip operators and Tenant (Snow King, Inc.) recognize that the Landlord, Town of Jackson, places high priority on the availability of publix xxxxxng, and has the authority, and at all times may institute policies with operators, drivers and/or Tenant enforcing courtesy and consideration in their conduct toward parking lot users, maintaining availability of vacant parking spaces, ensuring access into and out of parking areas and requiring no undue blockage of either spaces or vehicles. d. River trip buses will occupy space in the assigned parking area for no more than 20 minutes for any river trip departure or return. Tenant will not commit waste shall have the right, so long as Tenant has a valid license from the Town of Jackson, to sell alcoholic and/or malt beverages in specific locatxxxx xxom within and upon the Leased Premises or in accordance with all conditions which apply to any license, adherence with all applicable laws of the ResortState of Wyoming and ordinances of the Town of Jackson as they may exist from time to time. Tenant is authorized xx xxxlease the premises pursuant to Section 13, nor do or permit below. There will be the following restrictions associated with the dispensing of liquor: a. The licensee will not be allowed to sell package liquor to the public for off premises consumption. b. During standard operating functions, which would be done in or about ice skating, and operation as a ski shelter, the Leased Premises or the Resortapplicant will be allowed to sell beer and wine only. c. Full liquor service be allowed at banquets, nor bring or keep or permit to be brought to or kept thereinparties, anything prohibited by or which in any way will conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgatedconventions, or which is prohibited by special events only. d. The licensee will not operate as a bar or lounge at any time. e. Applicant and Council agree to attach the standard above conditions on this lease for fire or other insurance upon the Leased Premises or any of its contents, nor cause a cancellation of any insurance policy covering reason that this facility will allow minors in both the Leased Premises or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about ski shelter area and the Leased Premises or the Resort which will in any way obstruct or interfere with the normal operation of the Resort or its HVAC, plumbing, or other mechanical or electrical systems. Further, Tenant shall not alter the appearance of the exterior or interior of the Resort or any portion of the Leased Premises, nor shall it interfere with the rights of guests or other Tenants or invitees of the Leased Premises, or injure or annoy them, or use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant further represents and warrants that it shall not cause, maintain or permit any nuisance in, on or about the Leased Premises or commit or suffer to be committed any waste in, on or about the Leased Premises or the Resortice rink area.

Use of the Leased Premises. (a) Tenant agrees to will use and occupy the Leased Premises as a deli and grill to serve breakfast, lunch, and dinner food items, snacks, and non-alcoholic beverages to owners and guests at continuously throughout the Resort, to be known as "Palm Cafe", Term for the Permitted Use specified in the Basic Lease Information and for no other purpose. Tenant understands must use and agrees that Landlord shall have no obligation hereunder to supply maintain the Premises in a clean, careful, safe and proper manner and in compliance with all applicable laws. ordinances, orders, rules and regulations of all governmental entities and regulatory agencies (collectively, "Applicable Law"). Without limiting the foregoing, Tenant will be responsible for obtaining any equipment, inventory or supplies necessary permits required for conducting Tenant's business except use of the Premises and for determining that such use complies with Applicable Laws. Tenant will comply with all rules and regulations (the "Rules and Regulations-) adopted by Landlord from time to time for the safety and convenience of tenants and others in the Building. The present form of the Rules and Regulations are attached as specifically provided herein, and Landlord expressly makes no representation Exhibit C. Tenant will not in any manner deface or warranty as injure the Building or the Land or overload the Floors of the Premises. Tenant must pay on demand for any damage occurring to the fitness Premises during the Term, however caused by Tenant, except for damage proximately caused by the negligence or intentional misconduct of Landlord or by structural defects in the Building. Tenant must also pay on demand for any damage to any other part of the Leased Premises for Building or the purposes herein intendedLand caused by any negligence or willful act, misuse or abuse by Tenant or any of its agents, employees, licensees, or invitees. Tenant will not commit waste upon use the Leased Premises for retail, lodging or sleeping purposes, and Tenant will not do any cooking or permit any cooking odors or any other unusual or objectionable odors to emanate from the Premises. Tenant will conduct its business and occupy the Premises and will control its agents, employees, licensees and invitees in a manner that will not create a nuisance or interfere with, annoy or disturb any of the other Tenants in the Building. Tenant will not use the Premises or the Resort, nor do or permit them to be done in or about the Leased Premises or the Resort, nor bring or keep or permit to be brought to or kept therein, anything prohibited by or which used in any way that will conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by increase the standard for rate of fire or other insurance upon for the Leased Premises building, or any of its contents, nor cause a cancellation of any insurance policy covering the Leased Premises or any part thereof or any of its contents. Tenant shall will not do place any sign, advertising matter, stand, booth, or permit anything to be done showcase in or about upon the Leased doorsteps, vestibules, corridors, doors. walls or windows of the building (except for lettering on the door or doors to the Premises or as allowed by the Resort Rules and Regulations forming, a part of this Lease) without the prior written consent of Landlord. Tenant may use the Premises for: (i) general office and administrative use: (ii) the installation and maintenance of its telecommunications system and equipment; (iii) for any other lawful use which will is allowed in any way obstruct or interfere the Building in which the Premises are located and which is consistent with the normal operation character of the Resort or its HVACBuilding. Tenant shall have access to the Building, plumbingthe Premises and the parking area twenty-four hours (24) per day, seven (7) days per week, three hundred sixty five (365) days per year. Tenant's agents, servants, employees, customers. invitees, or other mechanical or electrical systemslicensees shall have access to the Building during normal business hours, which shall be Monday through Friday, from 7:00 a.m. to 6:00 p.m. and on Saturday from 8:00 a.m. to 12:00 p.m. exclusive of holidays. FurtherAt the Lease Commencement Date, Landlord shall provide one (1) key to the Premises Tenant shall pay Landlord a fee for any lost or additional keys and card keys. (b) The Premises do not alter include. and Landlord reserves for its use. any and all mechanical, electrical, telephone or similar rooms; janitor closets: elevator, pipe, and other vertical shafts and ducts; flues: stairwells: any area above the appearance acoustical ceiling: and any other areas not specifically shown on Exhibit A as being part of the exterior or interior Premises. But Tenant will have the non-exclusive right, subject to Paragraph 3 below, to use corridors. lobbies and other areas in the Building that Landlord provides from time to time for the common use of the Resort or any portion tenants of the Leased Premises, nor shall it interfere with Building (collectively. the rights of guests or other Tenants or invitees of the Leased Premises, or injure or annoy them, or use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant further represents and warrants that it shall not cause, maintain or permit any nuisance in, on or about the Leased Premises or commit or suffer to be committed any waste in, on or about the Leased Premises or the Resort"Common Areas").

Use of the Leased Premises. A. Tenant agrees to will use and occupy the Leased Premises as a deli and grill to serve breakfast, lunch, and dinner food items, snacks, and non-alcoholic beverages to owners and guests at continuously throughout the Resort, to be known as "Palm Cafe", Term of the Permitted Use specified in the Basic Lease Information and for no other purpose. Tenant understands must use and agrees that Landlord shall have no obligation hereunder to supply any equipmentmaintain the Premises in a clean, inventory or supplies necessary for conducting Tenant's business except as specifically provided hereincareful, safe and Landlord expressly makes no representation or warranty as to the fitness proper manner and in compliance with all applicable laws, ordinances, orders, rules and regulations of the Leased Premises for the purposes herein intendedall governmental entities and regulatory agencies (collectively, “Applicable law). Tenant will comply with all rules and regulations (the “Rules and Regulations”) adopted by the landlord from time to time for the safety and convenience of tenants and other in the Premises so long as such rules and regulations do not commit waste upon the Leased Premises or the Resort, nor do or permit to be done in or about the Leased Premises or the Resort, nor bring or keep or permit to be brought to or kept therein, anything prohibited by or which in any way will conflict with any law, statuteregulations, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgatedcode, ordinance, or which is prohibited rule applicable to a public school. The present form of the Rules and Regulations are attached as Exhibit C. Tenant must pay on demand for any damage occurring to the Premises during the term, however caused by Tenant, except for damage proximately caused by the standard negligence or intentional misconduct of Landlord or by structural defects in the Building. Tenant must also pay on demand for any damage to any other part of the Building or the Land caused by any negligence or willful act, misuse or abuse by Tenant or any of its agents, employees, licensees, or invitees. Tenant will not use the Premises for retail, lodging or sleeping purposes, and Tenant will not do any unapproved cooking or permit any cooking orders or any other unusual or objectionable or orders to emanate from the Premises. Tenant will conduct its business and occupy the Premises and will control its agents, employees, licensees and invitees in a manner that will not create a nuisance. Tenant will not use the Premises or permit them to be used in any way that will increase the rate of fire or other insurance upon for the Leased Premises building or any of its contents, nor cause a cancellation of any insurance policy covering the Leased Premises or any part thereof or any of its contents. Tenant shall will not do place any sign, advertising matter, stand, booth, or permit anything to be done showcase in or about upon the Leased doorsteps, vestibules, corridors, doors, walls or windows of the building (except for lettering on the door or doors to the Premises or as allowed by the Resort Rules and Regulations forming a art of this Lease) without the prior written consent of landlord. Tenant may use the Premises for: (i) a school, including general office and administrative use; (ii) the installation and maintenance of its telecommunications system and equipment; (iii) for any lawful use which will is allowed in any way obstruct or interfere the Premises and which is consistent with the normal operation character of the Resort Building, Tenant, its agents, services, employees, customers, invitees or its HVAClicenses shall have access to the Building, plumbingthe Premises and the parking area twenty-four-hours (24) per day, or other mechanical or electrical systems. Furtherseven (7) days per week, Tenant shall not alter the appearance of the exterior or interior of the Resort or any portion of the Leased Premises, nor shall it interfere with the rights of guests or other Tenants or invitees of the Leased Premises, or injure or annoy them, or use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant further represents and warrants that it shall not cause, maintain or permit any nuisance in, on or about the Leased Premises or commit or suffer to be committed any waste in, on or about the Leased Premises or the Resortthree hundred sixty five (365) days per year.

Use of the Leased Premises. Tenant agrees to use the Said Leased Premises shall be used exclusively as a deli bolt and grill to serve breakfastfastener manufacturing/industrial and warehousing facility, lunchexcept there shall be no heavy manufacturing, and dinner food items, snacks, and non-alcoholic beverages to owners and guests at the Resort, to be known operated only as "Palm Cafe", and for no other purposeis consistent with applicable zoning ordinances. Tenant understands and agrees that Landlord shall have no obligation hereunder to supply any equipment, inventory or supplies necessary for conducting Tenant's business except as specifically provided herein, and Landlord expressly makes no representation or warranty as to the fitness of the Leased Premises for the purposes herein intended. Tenant will not commit waste upon the Leased Premises or the Resort, nor Premises. Tenant shall not do or permit to be done in or about the Leased Premises or the Resort, nor bring or keep or permit to be brought to or kept therein, anything prohibited by or which in any way will conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard for fire or other insurance act upon the Leased Premises or make any of its contents, nor cause a cancellation of use thereof which may make void or voidable any insurance policy covering on the Leased Premises or building. The Tenant taking possession of the Premises shall evidence Xxxxxx's acceptance of the condition of the premises for the use intended by Xxxxxx,.and Xxxxxx agrees that no representations, statements or warranties, express or implied, have been made by or on behalf of the Landlord in respect thereto except as expressly contained in this Lease. Landlord shall in no event be liable for any part thereof defect in or any upon the Premises, apparent or latent, unless resulting from Xxxxxxxx's negligent maintenance of its contentsthe Premises after reasonable notice from Tenant. Tenant shall not do allow the use on the Premises of any hazardous substances except as permitted by this Lease, law, regulation or permit anything ordinance. Tenant shall not allow any substances to be done in used by or about on account of Tenant upon the Leased Premises or deposited by or on account of Tenant on or in the Resort Premises which will may be determined by federal, state or local agency or court of law to be hazardous substance or substance of a similar nature which results in an award of fines or damages against Landlord, or which results in an order to clean up, neutralize or remove such substances from the Premises. Tenant shall advise the Landlord in advance of any way obstruct or interfere with change in the normal operation use of the Resort building and if the use involves the presence of lubricants or its HVAC, plumbing, chemicals or other mechanical or electrical systems. Furtherpotentially hazardous products, then the Tenant will be required to provide a Phase 1 environmental report upon termination of the Lease; provided, however, that, so long as commercially reasonable in quantities and use, Tenant shall not alter be permitted to use water soluble coolant, hydraulic oils, and cutting oils without the appearance requirement of providing a Phase I environmental report upon termination of the exterior Lease. However, notwithstanding the presence of oil and other such products in quantities and uses that are commercially reasonable, Tenant shall remain responsible for clean up and shall leave no evidence of such oil or interior of the Resort other hazardous products present in or on any portion of the Leased PremisesPremises upon vacation Tenant shall comply with all laws, nor shall it interfere with the rights of guests or other Tenants or invitees of the Leased Premisesordinances, or injure or annoy themorders, or use or allow and regulations affecting the Leased Premises and the cleanliness, safety, occupation and use thereof. Landlord covenants and agrees that if the Tenant shall perform all of the covenants and agreements herein stipulated to be used for performed on the Tenant's part, the Tenant shall at all times during said term, have the peaceable and quiet enjoyment, use and possession of said Leased Premises without any impropermanner of hindrance from the Landlord or any person lawfully claiming through the Landlord. Landlord shall retain, immoral, unlawful or objectionable purpose. Tenant further represents and warrants that it shall not cause, maintain or permit in addition to any nuisance in, on or about other rights to enter the Leased Premises or commit or suffer as described in this lease, the right to be committed any waste in, on or about enter the Leased Premises or for the Resortpurpose of inspection.

Use of the Leased Premises. (a) The Tenant agrees to shall use the Leased Premises only as a deli an office for general business purposes, including any ancillary or related uses. (b) Subject to Landlord’s representation and grill to serve breakfast, lunch, and dinner food items, snacks, and non-alcoholic beverages to owners and guests at the Resort, to be known as "Palm Cafe", and for no other purpose. Tenant understands and agrees warranty that Landlord shall have no obligation hereunder to supply any equipment, inventory or supplies necessary for conducting Tenant's business except as specifically provided herein, and Landlord expressly makes no representation or warranty as to the fitness of the Leased Premises for are in full compliance with all Laws as of the purposes herein intended. Commencement Date, Tenant will not commit waste upon shall, at its own expense, comply with all Laws affecting the Leased Premises or hereby leased and the Resortcleanliness, nor do or permit to be done in or about the Leased Premises or the Resortsafety, nor bring or keep or permit to be brought to or kept therein, anything prohibited by or which in any way will conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard for fire or other insurance upon the Leased Premises or any occupation and use of its contents, nor cause a cancellation of any same. (c) So long as Landlord’s insurance policy covering contains commercially reasonable rules and restrictions, the Leased Premises or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about on the Leased Premises or keep anything therein which would invalidate the Resort Landlord’s casualty or liability insurance on the Building, and the Tenant shall pay the Landlord as additional rent, upon written notice, the amount of any increase in the Landlord’s insurance premiums caused by things done on or kept in the Leased Premises by Tenant. (d) Landlord shall cause the Building and Leased Premises, at its sole cost and expense and without reimbursement as part of the Operating Expenses, to comply with all future changes in existing Laws and Laws which will are enacted after the date of this Lease. (e) Landlord, at its sole cost, rather than Tenant shall be responsible for the environmental condition of the Building and Leased Premises existing as of the Commencement Date. Landlord hereby agrees to defend, indemnify and save harmless Tenant from all claims, costs, damages, demands, expenses, fines, judgments, liabilities and losses (including reasonable attorneys’ fees) which arise from or in connection with hazardous materials (including asbestos) located on the Leased Premises or Building as of the Commencement Date or any way obstruct or interfere with violation of environmental laws occurring prior to the Commencement Date. (f) Landlord shall provide the following services to the Leased Premises at all times unless otherwise specified: (i) ventilation, air conditioning and heating for normal office purposes, in reasonable amounts and at temperatures sufficient for Tenant’s use and occupancy but at least sufficient to maintain the temperature between 69 and 75 degrees Fahrenheit; (ii) electric for lighting and operation of Tenant’s equipment and trade fixtures in an amount not less than 5 xxxxx per square foot (exclusive of lighting); (iii) water/sewer service for drinking, lavatory and toilet purposes from the Resort or its HVAC, plumbing, or other mechanical or electrical systems. Furtherregular Building supply; (iv) fire suppression as required by law; and (v) bulb replacement. (g) Throughout the Term of the Lease, Tenant shall not alter be permitted to use, free of charge, thirty two (32) parking spaces in the appearance parking lot adjacent to the Building and as necessary, in neighboring lot located at 0000 Xxxxxxxx Xxxxx. (h) With respect to Tenant’s telecommunications facilities and services, Tenant shall select the providers and make arrangements directly with all providers of Tenant’s telecommunications facilities and services (hereinafter individually and collectively referred to as “Tenant’s Telecommunications Service Provider”) and pay for services provided by it to Tenant pursuant to a separate agreement between Tenant and Tenant’s Telecommunications Service Provider. Tenant and Tenant’s Telecommunications Service Provider shall have use of telephone/data closets, risers, shafts, conduits or other facilities in and on the exterior or interior of Building, to bring such telecommunications services to the Resort or any portion desired portions of the Leased Premises. (i) Tenant shall have the right, nor subject to Landlord’s reasonable approval regarding location, which shall it interfere with the rights of guests not be unreasonably withheld, delayed or other Tenants or invitees conditioned, to use a portion of the Leased Premisesroof of the Building for satellite, or injure or annoy themantennae, or use or allow the Leased Premises and/or supplemental HVAC equipment. Such rights shall be at no cost to be used for any improperTenant. (j) Letter dated August 5, immoral, unlawful or objectionable purpose. Tenant further represents and warrants that it shall not cause, maintain or permit any nuisance in, on or about the Leased Premises or commit or suffer 2013 from Xxxxx + Black Architects addressed to be committed any waste in, on or about the Leased Premises or the Resort.Xxxx Xxxxxxxx is attached as Exhibit D.

Use of the Leased Premises. 8.1. The Tenant agrees undertakes to use the Leased Premises as in a deli reasonable and grill cautious manner and to serve breakfast, lunch, and dinner food items, snacks, and non-alcoholic beverages to owners and guests at see that during the Resort, to be known as "Palm Cafe", and for no other purpose. Tenant understands and agrees that Landlord shall have no obligation hereunder to supply any equipment, inventory or supplies necessary for conducting Tenant's business except as specifically provided herein, and Landlord expressly makes no representation or warranty as to the fitness entire term of use the Leased Premises for and all facilities and installations thereof are in kept in working order. 8.2. Without derogating from the purposes herein intended. foregoing, the Tenant will not commit waste upon undertakes to repair within a reasonable time and at its expense any defect and/or malfunction that it caused in the Leased Premises, and/or any other facility in connection with the Leased Premises or in any manner (provided that the Resortdefects do not require immediate repair, nor do or permit and then the Tenant undertakes to be done repair the defect and/or the malfunction it caused in or about the Leased Premises forthwith) except for defects or malfunctions deriving from reasonable wear (which the Resort, nor bring Landlord is responsible to repair). 8.3. The Landlord undertakes to repair any defect or keep or permit malfunction that was caused to be brought to or kept therein, anything prohibited by or which in any way will conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard for fire or other insurance upon the Leased Premises or any of its contentsand that derives from reasonable wear and ordinary use within a reasonable time, nor cause subject to receiving a cancellation of any insurance policy covering written notice from the Tenant regarding the malfunction that was caused in the Leased Premises or any part thereof or any of its contents. Tenant shall (provided that the said defects do not do or permit anything to be done in or about the Leased Premises or the Resort which will in any way obstruct or interfere with the normal operation of the Resort or its HVAC, plumbing, or other mechanical or electrical systems. Further, Tenant shall not alter the appearance of the exterior or interior of the Resort or any portion bar reasonable use of the Leased Premises, nor and in such circumstances the Landlord undertakes to repair the defect and/or the malfunction forthwith). The Tenant undertakes to notify the Landlord forthwith upon becoming aware of any defect or malfunction as said. Any damage caused as a result of failure by the Tenant to deliver notice to the Landlord as specified in this clause shall it interfere with be solely incurred by the rights Tenant. 8.4. The liability of guests the Landlord under this Chapter shall not apply where the Tenant caused a defect and/or damage by its act and/or omission and/or an act and/or omission committed by anyone acting on its behalf, and in the event the defect or other Tenants the breakdown malfunction from faulty maintenance on behalf of the Tenant and/or anyone acting on its behalf and/or due to misuse and/or negligent use and/or by an act and/or omission of the Tenant and/or due to works and/or alterations that were implemented not by the Landlord and/or materials and/or products that were purchased directly by the Tenant and/or due to failure to observe instructions or invitees warnings, to the extent provided by the Landlord, regarding special features of the Leased PremisesPremises and/or the common property, or injure or annoy themby the Tenant. 8.5. In the event one of the parties failed to repair a defect and/or malfunction it was obligated to repair as said, or use or allow the Leased Premises other party shall be entitled (however not obligated) to be used for any improper, immoral, unlawful or objectionable purpose. Tenant further represents make the said repair at the expense of the other party and warrants provided that it delivered a written notice to the other party regarding its intention to act in the said manner and the other party failed to make the repairs within 30 days as of the date of receiving notice, without derogating or affecting its rights to seek any relief or remedy in accordance with the provisions set forth in this Agreement and/or in accordance with the provisions set forth in any law. The foregoing with regard to return of amounts that were expended by the party that made the repair in addition to interest as specified hereinabove shall not causeapply, maintain or permit any nuisance inmutatis mutandis as the case may be, on or about also for the Leased Premises or commit or suffer to be committed any waste in, on or about purpose of amounts that are expended by one of the Leased Premises or parties in accordance with the Resortprovisions set forth in this sub-clause.