Common use of COVENANTS OF THE OPERATOR Clause in Contracts

COVENANTS OF THE OPERATOR. a. The Operator covenants with the City to manage the Premises and, in exchange for the use of the Premises, agrees that it shall provide the services cited in Section 2 above. The Operator shall commit no waste upon the Premises nor suffer the same to be committed thereon, nor injure nor misuse the same. The Operator shall not assign this Agreement nor sublicense the use of the Premises or any part thereof, nor make alterations therein, or use the same for any purpose but that hereinbefore authorize, without prior written approval from the City’s Director of Operations, but will deliver up the same at the expiration or sooner termination of this Agreement in as good a condition as it is now, ordinary wear and tear excepted. b. The Operator agrees to immediately notify the City’s Director of Operations in writing of any major structural repairs that must be performed on the Premises during the Term of this Agreement. Major structural repairs shall include, but not be limited to: Boiler repair and/or replacement; HVAC repair and/or replacement; structural repairs to the buildings (including roof repair). The Operator agrees to obtain written permission from the City’s Director of Operations before changing or altering the Premises or any part thereof. This shall include, but not be limited to painting of interior or exterior surfaces. The Operator may make capital improvements to the Kweskin Theater and the Dressing Room Theater at its sole cost and expense. The City’s Director of Operations shall approve the design of such improvements in writing prior to the construction thereof. c. The Operator shall pay for and provide for custodial services and maintenance services at the Premises, including, but is not limited to sweeping and cleaning outside abutting areas as well as the interior of the Premises. d. If the Operator violates any of the major covenants of this Agreement, and said violation is not cured by the Operator after 30 days written notice from the City, this Agreement shall thereupon expire and terminate at the option of the City, and the City may, at any time thereafter, re-enter the Premises, and have and possess same as the City’s former estate and/or pursue any other legal remedy allowed by law. e. Should the Operator at any time hold over the Premises beyond the period specified herein as the termination date of this Agreement, then it shall hold the Premises upon the same terms and conditions that are contained in this