Common use of Use, operation and maintenance Clause in Contracts

Use, operation and maintenance. Section 3.1 Tenant agrees: (A) To use the Demised Premises, and operate therein under the name Fourth Federal Savings and Loan Association, solely for any use permitted to a federal savings and loan association (the "Permitted Use") and for no other use or purpose; and (B) Except when, and to the extent that, as elsewhere in this Lease provided, the Demised Premises may be untenantable by reason of damage by fire or other casualty, to continuously and uninterruptedly occupy and use during the Lease Term the entire Demised Premises for the Permitted Use, and to conduct Tenant's business therein in a reputable manner; to remain open for business during all normal and customary banking hours; to keep the display windows, If any, and all signs well lighted during such hours and days that the Common Areas are lighted by Landlord; to keep and maintain the Demised Premises and Tenant's Personal Property and signs therein or thereon, and the exterior and interior portions of all windows, doors and all glass or plate glass, in a neat, clean, sanitary and safe condition; to apply for, secure, maintain and comply with all licenses or permits which may be required for the conduct by Tenant of the Permitted Use, and to pay, if, as and when due, all required license, permit fees and charges of a similar nature; and (C) To store all trash and refuse in appropriate containers within the Demised Premises so as not to be visible to the public, and to attend to the daily disposal thereof in the manner and by the agency designated by Landlord; to utilize any compactor installed by Landlord and pay Tenant's pro rata share of the operating cost thereof, including Tenant's pro rata share of the cost of removal of such compacted garbage by an independent collector designated by Landlord and whose prices shall be competitive, to keep all drains inside the Demised Premises open; and to receive and deliver goods and merchandise only in the manner and areas and at times reasonably designated by Landlord, and (D) To cooperate with Landlord in complying with any local, state or federal laws, rules or regulations concerning environmental protection, and to such end, from time to time and without cost or delay, upon Landlord's request Tenant shall complete documents dealing with the nature and conduct of its business.

Use, operation and maintenance. Section 3.1 Tenant agrees: (A) To Lessee shall use the Demised Premises, Equipment in the manner for which it was designed and operate therein under the name Fourth Federal Savings and Loan Associationintended, solely for any use permitted to a federal savings Lessee's business purposes, in accordance with all manufacturer manuals and loan association (instructions and in compliance with all applicable laws, regulations and orders. Lessee, at Lessee's own cost and expense, shall keep the "Permitted Use") Equipment in good repair, condition and for no other use or purpose; working order, ordinary wear and (B) Except whentear excepted, and shall furnish all parts, mechanisms, devices and servicing required therefor and necessary to the extent that, as elsewhere in this Lease provided, the Demised Premises may be untenantable by reason of damage by fire or other casualty, to continuously and uninterruptedly occupy and use during the Lease Term the entire Demised Premises for the Permitted Use, and to conduct Tenant's business therein in a reputable manner; to remain open for business during all normal and customary banking hours; to keep the display windows, If any, and all signs well lighted during such hours and days that the Common Areas are lighted by Landlord; to keep and maintain the Demised Premises and Tenant's Personal Property and signs therein or thereon, and the exterior and interior portions of all windows, doors and all glass or plate glass, in a neat, clean, sanitary and safe condition; to apply for, secure, maintain and comply with all licenses applicable health and safety standards. The Equipment, upon return to Lessor, shall be in such condition as to qualify for a maintenance agreement with the manufacturer or permits which such other party as may be required for acceptable to Lessor, if such agreement is customarily available, without additional cost to Lessor, but nothing contained herein shall require the conduct by Tenant Lessee to modify or upgrade the equipment. All replacement parts and repairs at any time made to or placed upon the Equipment shall become the property of the Permitted UseLessor. Lessee may, and to paywith Lessor's prior written consent, ifwhich shall not be unreasonably withheld, as and when duemake such alterations, all required license, permit fees and charges of a similar nature; and (C) To store all trash and refuse in appropriate containers within the Demised Premises so as not to be visible modifications or additions to the public, and to attend to the daily disposal thereof Equipment as Lessee may deem desirable in the manner and by the agency designated by Landlord; to utilize any compactor installed by Landlord and pay Tenant's pro rata share of the operating cost thereof, including Tenant's pro rata share of the cost of removal of such compacted garbage by an independent collector designated by Landlord and whose prices shall be competitive, to keep all drains inside the Demised Premises open; and to receive and deliver goods and merchandise only in the manner and areas and at times reasonably designated by Landlord, and (D) To cooperate with Landlord in complying with any local, state or federal laws, rules or regulations concerning environmental protection, and to such end, from time to time and without cost or delay, upon Landlord's request Tenant shall complete documents dealing with the nature and conduct of its business; provided the same shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and shall be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessor acknowledges that any data files or software developed or installed by Lessee which is resident on the equipment shall be and remain the property of Lessee; provided however that the Lessor shall have no obligation or responsibility to remove or return same to Lessee. Upon receipt of the Equipment, Lessor agrees to give Lessee reasonable access to the Equipment for the purpose of allowing Lessee an opportunity to remove any data files or software developed or installed by Lessee which is resident on the Equipment. Any failure or unreasonable delay on the part of Lessee in accomplishing such removal shall not reduce any of Lessor's rights herein. LESSEE SHALL KEEP THE EQUIPMENT FREE AND CLEAR FROM ALL LIENS, CHARGES, ENCUMBRANCES, LEGAL PROCESS AND CLAIMS. LESSEE SHALL NOT ASSIGN, SUBLET, HYPOTHECATE, SELL, TRANSFER OR PART WITH POSSESSION OF THE EQUIPMENT OR ANY INTEREST IN THIS LEASE, AND ANY ATTEMPT TO DO SO SHALL BE NULL AND VOID AND SHALL CONSTITUTE A DEFAULT HEREUNDER. LESSEE SHALL NOT MOVE THE EQUIPMENT FROM THE LOCATION NOTED IN THE SCHEDULES WITHOUT THE PRIOR WRITTEN NOTICE TO LESSOR FIVE DAYS IN ADVANCE OF THE MOVE. NEITHER THIS LEASE NOR ANY INTEREST IN THE EQUIPMENT IS ASSIGNABLE OR TRANSFERABLE BY LESSEE BY OPERATION OF LAW. LESSEE AGREES NOT TO WAIVE ITS RIGHT TO USE AND POSSESS THE EQUIPMENT IN FAVOR OF ANY PARTY OTHER THAN LESSOR AND FURTHER AGREES NOT TO ABANDON THE EQUIPMENT TO ANY PARTY OTHER THAN LESSOR. SO LONG AS LESSEE FAITHFULLY PERFORMS AND MEETS EACH AND EVERY MATERIAL TERM AND CONDITION TO BE PERFORMED OR MET BY LESSEE UNDER THIS LEASE, LESSEE'S QUIET AND PEACEFUL POSSESSION OF THE EQUIPMENT WILL NOT BE DISTURBED BY LESSOR OR ANYONE CLAIMING BY, THROUGH OR ON BEHALF OF LESSOR.

Use, operation and maintenance. Section 3.1 Tenant agrees: (A) To Obligor shall use the Demised Premises, Licensed Software In the manner for which it was designed and operate therein under the name Fourth Federal Savings and Loan Associationintended, solely for any use permitted to a federal savings Obligor’s business purposes, in accordance with all developer manuals and loan association (instructions and in compliance with all applicable laws, regulations and orders. Obligor, at Obligor’s own cost and expense, shall keep the "Permitted Use") Licensed Software In good condition and for no other use or purpose; and (B) Except whenworking order, and shall furnish and perform all mandatory service, maintenance, upgrades and devices required by the provider of the Licensed Software and necessary to comply with applicable industry standards. All upgrades and improvements at any time made to or placed upon the Licensed Software shall become security for the Payee. Obligor may make such alterations, modifications or improvements to the extent that, Licensed Software as elsewhere in this Lease provided, the Demised Premises Obligor may be untenantable by reason of damage by fire or other casualty, to continuously and uninterruptedly occupy and use during the Lease Term the entire Demised Premises for the Permitted Use, and to conduct Tenant's business therein in a reputable manner; to remain open for business during all normal and customary banking hours; to keep the display windows, If any, and all signs well lighted during such hours and days that the Common Areas are lighted by Landlord; to keep and maintain the Demised Premises and Tenant's Personal Property and signs therein or thereon, and the exterior and interior portions of all windows, doors and all glass or plate glass, in a neat, clean, sanitary and safe condition; to apply for, secure, maintain and comply with all licenses or permits which may be required for the conduct by Tenant of the Permitted Use, and to pay, if, as and when due, all required license, permit fees and charges of a similar nature; and (C) To store all trash and refuse in appropriate containers within the Demised Premises so as not to be visible to the public, and to attend to the daily disposal thereof reasonably deem desirable in the manner and by the agency designated by Landlord; to utilize any compactor installed by Landlord and pay Tenant's pro rata share of the operating cost thereof, including Tenant's pro rata share of the cost of removal of such compacted garbage by an independent collector designated by Landlord and whose prices shall be competitive, to keep all drains inside the Demised Premises open; and to receive and deliver goods and merchandise only in the manner and areas and at times reasonably designated by Landlord, and (D) To cooperate with Landlord in complying with any local, state or federal laws, rules or regulations concerning environmental protection, and to such end, from time to time and without cost or delay, upon Landlord's request Tenant shall complete documents dealing with the nature and conduct of its business; provided the same shall not diminish the value or utility of the Licensed Software, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof. Payee acknowledges that any data files shall be and remain the property of Obligor. OBLIGOR SHALL KEEP THE LICENSED SOFTWARE FREE AND CLEAR FROM ALL LIENS, CHARGES, ENCUMBRANCES, LEGAL PROCESS AND CLAIMS. OBLIGOR SHALL NOT ASSIGN, SUBLET, HYPOTHECATE, SELL, TRANSFER OR PART WITH POSSESSION OF THE LICENSED SOFTWARE OR ANY INTEREST IN A SCHEDULE, AND ANY ATTEMPT TO DO SO SHALL BE NULL AND VOID AND SHALL CONSTITUTE A DEFAULT HEREUNDER. NEITHER THIS MASTER IPA, NOR ANY SCHEDULE, NOR ANY INTEREST IN THE LICENSED SOFTWARE IS ASSIGNABLE OR TRANSFERABLE BY OBLIGOR BY OPERATION OF LAW. OBLIGOR AGREES NOT TO WAIVE ITS RIGHT TO USE AND POSSESS THE LICENSED SOFTWARE IN FAVOR OF ANY PARTY OTHER THAN PAYEE AND FURTHER AGREES NOT TO ABANDON THE LICENSED SOFTWARE TO ANY PARTY OTHER THAN PAYEE. SO LONG AS OBLIGOR FAITHFULLY PERFORMS AND MEETS EACH AND EVERY MATERIAL TERM AND CONDITION TO BE PERFORMED OR MET BY OBLIGOR UNDER THIS MASTER IPA, OBLIGOR’S QUIET AND PEACEFUL POSSESSION OF THE LICENSED SOFTWARE WILL NOT BE DISTURBED BY PAYEE OR ANYONE CLAIMING BY, THROUGH OR ON BEHALF OF PAYEE.

Use, operation and maintenance. Section 3.1 Tenant agrees: (A) To Lessee shall use the Demised Premises, Equipment in the manner for which it was designed and operate therein under the name Fourth Federal Savings and Loan Associationintended, solely for any use permitted to a federal savings Lessee's business purposes, in accordance with all manufacturer manuals and loan association (instructions and in compliance with all applicable laws, regulations and orders. Lessee, at Lessee's own cost and expense, shall keep the "Permitted Use") Equipment in good repair, condition and for no other use or purpose; working order, ordinary wear and (B) Except whentear excepted, and shall furnish all parts, mechanisms, devices and servicing required therefor and necessary to comply with all applicable health and safety standards. If commercially available, Lessee shall maintain in force a maintenance agreement with respect to the extent that, Equipment with the manufacturer thereof or such other party as elsewhere in this Lease provided, the Demised Premises may be untenantable by reason of damage by fire or other casualty, acceptable to continuously and uninterruptedly occupy and use during the Lease Term the entire Demised Premises for the Permitted Use, and to conduct Tenant's business therein in a reputable manner; to remain open for business during all normal and customary banking hours; to keep the display windows, If any, and all signs well lighted during such hours and days that the Common Areas are lighted by Landlord; to keep and maintain the Demised Premises and Tenant's Personal Property and signs therein or thereonLessor, and the exterior Equipment, upon return to Lessor, shall qualify for such program without additional expense. All replacement parts and interior portions repairs at any time made to or placed upon the Equipment shall become the property of all windowsLessor. Lessee may, doors and all glass with Lessor's prior written consent, make such alterations, modifications or plate glass, in a neat, clean, sanitary and safe condition; to apply for, secure, maintain and comply with all licenses or permits which may be required for the conduct by Tenant of the Permitted Use, and to pay, if, as and when due, all required license, permit fees and charges of a similar nature; and (C) To store all trash and refuse in appropriate containers within the Demised Premises so as not to be visible additions to the public, and to attend to the daily disposal thereof Equipment as Lessee may deem desirable in the manner and by the agency designated by Landlord; to utilize any compactor installed by Landlord and pay Tenant's pro rata share of the operating cost thereof, including Tenant's pro rata share of the cost of removal of such compacted garbage by an independent collector designated by Landlord and whose prices shall be competitive, to keep all drains inside the Demised Premises open; and to receive and deliver goods and merchandise only in the manner and areas and at times reasonably designated by Landlord, and (D) To cooperate with Landlord in complying with any local, state or federal laws, rules or regulations concerning environmental protection, and to such end, from time to time and without cost or delay, upon Landlord's request Tenant shall complete documents dealing with the nature and conduct of its business; provided the same shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and shall be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessee shall keep the Equipment free and clear from all liens, charges, encumbrances, legal process and claims. Lessee shall not assign, sublet, hypothecate, sell, transfer or part with possession of the Equipment or any interest in this Lease, and any attempt to do so shall be null and void and shall constitute a default hereunder. Lessee shall not move the Equipment from the location noted in the Schedules without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Neither this Lease nor any interest in the Equipment is assignable or transferable by Lessee by operation of law. Lessee agrees not to waive its right to use and possess the Equipment in favor of any party other than Lessor and further agrees not to abandon the Equipment to any party other than Lessor. So long as Lessee faithfully performs and meets each and every term and condition to be performed or met by Lessee under this Lease, Lessee's quiet and peaceful possession of the Equipment will not be disturbed by Lessor or anyone claiming by, through or on behalf of Lessor.