Common use of Certain Uses Clause in Contracts

Certain Uses. Subject to its right of contest as provided in Section 7.4, Tenant shall not use or occupy, nor permit or suffer the Premises or any part thereof to be used or occupied for any unlawful or illegal business, use or purpose, or for any business, use or purpose deemed disreputable or extra hazardous, or in such manner as to constitute a nuisance of any kind, public or private, or for any purpose or in any way in violation of this Lease, the certificate of occupancy or of any present or future Applicable Laws or the Applicable Building Code, or which may make void or voidable any insurance then in force on the Premises. Tenant shall, immediately upon the discovery of any such unlawful, illegal, disreputable, extra hazardous or other use or purpose prohibited by this Section 6.2, take all reasonably necessary steps, legal or equitable, including the exercise of remedies available to Tenant under any Restaurant Leases or other Subleases whose subtenants are in violation of the foregoing requirements, or under Applicable Laws or the Applicable Building Code, to cause the discontinuance of such use. Tenant covenants, at Tenant’s sole cost and expense, to promptly comply with and abide by all applicable restrictions, conditions, reservations, covenants and other matters to which title to the Premises is subject. Without the prior written consent of Landlord in each instance, Tenant shall not apply for any variances, special exceptions or other changes in the zoning category, land use classification, building restrictions, parking requirements or the like for the Premises, provided that Tenant may file applications for any special exception, variance or waiver which is required in order to complete the construction and Rehabilitation work in the Premises in accordance with the Work Agreement. Tenant shall not submit its leasehold estate in the Premises to a condominium or cooperative regime or plan of ownership, except as approved by Landlord in accordance with Section 6.1.

Certain Uses. Subject Tenant acknowledges and agrees with Landlord that the Building should be maintained and preserved as a prestigious and first-class office building and that its special character arising from it being adjacent to its right of contest as a university campus should be specifically protected and preserved. Tenant therefore represents that it is not leasing the Leased Premises, and it will not use such Leased Premises, for any purpose other than that provided in Section 7.45.1 hereof. Tenant further agrees that the Leased Premises, Tenant or any part thereof, shall not be used as an educational facility of any type (except that Tenant may conduct training classes with respect to its products for its employees in the Leased Premises) including correspondence schools, an employment agency, a model agency, a spa, a health, physical fitness or exercise salon, a small loan office, a real estate brokerage, an office of any practitioner of the healing arts, a telemarketing or boiler-room operations, or an office for any other profession or business that by its nature tends to generate excess customer traffic or require excessive personnel, or any other use which Landlord in good faith determines will or occupyis likely to demean the character of the Building or its environment. Landlord’s refusal to consent to the assignment of this Lease, nor permit or suffer the subletting of the Leased Premises, or any part thereof, for any such prohibited use shall not constitute an unreasonable refusal to consent to any such assignment or subletting pursuant to the provisions of Article 8 hereunder. Landlord and Tenant specifically agree that Landlord’s leasing of any portion of the Building for any of the foregoing prohibited uses shall not constitute or be deemed to constitute a waiver of Landlord’s right to prohibit Tenant from assigning or subletting the Leased Premises or any part thereof to be used or occupied for any unlawful or illegal business, use or purpose, or for any business, use or purpose deemed disreputable or extra hazardous, or in such manner as to constitute a nuisance of any kind, public or private, or for any purpose or in any way in violation of this Lease, the certificate of occupancy or of any present or future Applicable Laws or the Applicable Building Code, or which may make void or voidable any insurance then in force on the Premises. Tenant shall, immediately upon the discovery of any such unlawful, illegal, disreputable, extra hazardous or other use or purpose prohibited by this Section 6.2, take all reasonably necessary steps, legal or equitable, including the exercise of remedies available to Tenant under any Restaurant Leases or other Subleases whose subtenants are in violation of the foregoing requirements, or under Applicable Laws or the Applicable Building Code, to cause the discontinuance of such use. Tenant covenants, at Tenant’s sole cost and expense, to promptly comply with and abide by all applicable restrictions, conditions, reservations, covenants and other matters to which title to the Premises is subject. Without the prior written consent of Landlord in each instance, Tenant shall not apply for any variances, special exceptions or other changes in the zoning category, land use classification, building restrictions, parking requirements or the like for the Premises, provided that Tenant may file applications for any special exception, variance or waiver which is required in order to complete the construction and Rehabilitation work in the Premises in accordance with the Work Agreement. Tenant shall not submit its leasehold estate in the Premises to a condominium or cooperative regime or plan of ownership, except as approved by Landlord in accordance with Section 6.1.