Common use of Continuous Occupancy Clause in Contracts

Continuous Occupancy. The Demised Premises shall, during the Lease Term, be used and occupied only for the Use Permitted specifically set forth in this Lease in Paragraph l(i) and for no other purpose and operated only under the Trade Name specifically set forth in this Lease in Paragraph 1 (j) and under no other name or such other trade name as Tenant may use for all or substantially all of its stores, without the written consent of Landlord. Landlord agrees not to unreasonably withhold its consent to a change in the Trade Name. Tenant shall keep the Demised Premises open for business continuously during the Lease Term between the hours of 10:00 a.m. and 9:30 p.m., six days per week, and between the hours of 12:30 p.m. and 5:30 p.m. on Sundays, or such different hours as shall be prescribed by Landlord, provided Landlord imposes those different hour requirements on a numerical majority of the tenants of the Shopping Center. Tenant's obligation to open for business shall be subject to governmental regulations or governmental recommendations approved by Landlord with which Tenant hereby agrees to comply. Tenant shall install and maintain in the Demised Premises store fixtures of high quality and shall, after the Rent Commencement Date, continuously, actively and diligently operate its business in the whole of the Demised Premises in a high-grade, reputable manner throughout the Lease Term, maintaining in the Demised Premises a full staff of employees and a full and complete stock of merchandise, and in general employ its best business judgment, efforts and abilities to operate its business in an efficient and businesslike manner, to the end that the maximum volume of sales which can be reasonably produced in the Demised Premises shall be realized under the Trade Name set forth in Paragraph 1 (j). Under no circumstances shall the Demised Premises be used for any of the following purposes: (i) the sale or distribution of alcoholic beverages for consumption on or off the Demised Premises, unless first approved in writing by Landlord; or (ii) the sale of merchandise from vending machines, without the prior written consent of Landlord, except vending machines installed for sales to employees only; or (iii) the operation of coin or token-operated video games or machines of a similar nature.

Appears in 1 contract

Sources: Deed of Lease (Boston Restaurant Associates Inc)

Continuous Occupancy. The Demised Premises From and after the date of Substantial Completion, Tenant (or its permitted successors) shall, during throughout the Lease entire Term, be used continuously and occupied only for uninterruptedly occupy and operate the Use Permitted specifically hotel portion of the Premises (after Substantial Completion in accordance with the schedule set forth in the Work Agreement) for the Permitted Uses; provided, however, that Tenant’s obligations under this Lease Section 6.4 shall be suspended during any period (i) of restoration, repair, replacement or rebuilding undertaken by Tenant pursuant to this Lease, (ii) of condemnation of the Premises or any interest therein, (iii) during which improvements are being made to any portion of the Premises or other space within the Premises prior to occupancy thereof by a new tenant or Space Tenant, (iv) of capital improvements undertaken by Tenant pursuant to Article 8, (v) of transition in Paragraph l(i) and for no other purpose and operated only under connection with an assignment of the Trade Name specifically set forth in this Lease in Paragraph 1 (j) and under no other name Lease, a Sublease of the Premises or such other trade name as Tenant may use for all space therein or substantially all of its stores, without the written consent of Landlord. Landlord agrees not to unreasonably withhold its consent to a change in the Trade Name. Tenant shall keep the Demised Premises open for business continuously during the Lease Term between the hours of 10:00 a.m. and 9:30 p.m., six days per week, and between the hours of 12:30 p.m. and 5:30 p.m. on SundaysOperator, or such different hours as shall be prescribed (vi) where otherwise prevented by Landlordreasons or causes reasonably beyond Tenant’s control (excluding Tenant’s financial inability), provided Landlord imposes those different hour requirements on a numerical majority all of the tenants of the Shopping Center. Tenant's obligation to open for business shall be subject to governmental regulations or governmental recommendations approved by Landlord with which Tenant hereby agrees to comply. Tenant shall install and maintain in the Demised Premises store fixtures of high quality and shallforegoing limited, after the Rent Commencement Date, continuously, actively and diligently operate its business in the whole of the Demised Premises in a high-grade, reputable manner throughout the Lease Term, maintaining in the Demised Premises a full staff of employees and a full and complete stock of merchandise, and in general employ its best business judgment, efforts and abilities to operate its business in an efficient and businesslike mannerhowever, to the end amount of space that the maximum volume of sales which can be reasonably produced and prudently in the Demised Premises shall be realized under the Trade Name set forth Tenant’s discretion is affected thereby and for such time as is reasonably required in Paragraph 1 (j). Under no circumstances shall the Demised Premises be used for any of the following purposes: foregoing circumstances, or where otherwise prevented by reason or causes reasonably beyond Tenant’s control (iexcluding Tenant’s financial inability) and provided that Tenant shall give Landlord reasonable prior notice of any cessation or suspension of occupancy or operation pursuant to this Section. Notwithstanding anything to the sale or distribution contrary in this Section 6.4, after delivery of alcoholic beverages for consumption on or off the Demised Premises, unless first approved in writing by Landlord; or (ii) the sale of merchandise from vending machines, without the reasonable prior written consent of notice to Landlord, except vending machines installed Tenant may reduce the number of operating guest rooms to fewer than one hundred forty five (145), but in no event to fewer than fifty (50), in the event that, and for sales so long as, Tenant reasonably determines in light of prevailing economic conditions that it is not economically feasible to employees only; or (iii) the operation operate more than such reduced number of coin guest rooms. Nothing contained in this Section 6.4 is intended to limit, reduce or token-operated video games or machines of a similar natureotherwise affect Tenant’s obligations under Section 2.7.

Appears in 1 contract

Sources: Lease Agreement (Pebblebrook Hotel Trust)