Exclusives Sample Clauses
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Exclusives a. Landlord covenants and agrees that, during the Term and any extensions or renewals thereof, no additional property which Landlord, directly or indirectly, may now or hereafter own or control, and which is contiguous to, or which is within five hundred (500) feet of any boundary of, the Leased Premises, will be used by a grocery, nutritional supplements, and/or produce store excluding incidental sales (the “Exclusive Use”).
b. In the event Landlord violates the Exclusive Use as described above and is unable to cure the same and if such failure continues for thirty (30) days after receipt of notice from Tenant (unless such breach cannot be cured in thirty (30) days and Landlord has commenced action to cure the breach and is diligently attempting to cure the breach), then as Tenant’s exclusive remedy for said Exclusive Use violation by Landlord, Fixed Rent (but not any other sums due from Tenant under this Lease; hereinafter said sums are referred to as “Additional Rent”) shall ▇▇▇▇▇ and, in lieu thereof, Tenant will pay one-half (1/2) Fixed Rent (plus Additional Rent), (“Alternative Minimum Rent”) for the period of time during which such violation continues. If any such violation continues for more than eighteen (18) full calendar months after the payment of Alternative Minimum Rent commences (“Correction Deadline”), then Tenant, at its sole discretion, shall have the one-time right to terminate this Lease by giving thirty (30) days written notice of termination delivered to Landlord within thirty (30) days after the Correction Deadline. If Tenant does not timely exercise the aforesaid right to terminate the Lease, then the Fixed Rent shall automatically revert to full Fixed Rent effective as of the expiration of the Correction Deadline. This notwithstanding, in the event another occupant or tenant leasing space violates the Exclusive Use without Landlord’s permission or consent (a “Rogue Tenant”), Tenant shall deliver written notice of such violation to Landlord and Landlord shall endeavor to cause such tenant to cease violation of the Exclusive Use, which may include seeking injunctive relief to enjoin or restrain such tenant from violating the Exclusive Use and provided Landlord has exercised such efforts to cause such Rogue Tenant to cease violation of the Exclusive Use, Landlord shall not be deemed to be in violation of its obligations under this Lease.
c. In the event that Tenant files suit against any party to enforce the foregoing restrictions, La...
Exclusives. To grant to any party the exclusive right to conduct any business or service in the Medical Building provided such exclusive right shall not operate to prohibit Tenant from using the Suite for the purposes permitted hereunder. Landlord may enter upon the Suite and may exercise any or all of the foregoing rights hereby reserved without being deemed guilty of an eviction or disturbance of Tenant's use or possession and without being liable in any manner to Tenant
Exclusives. The FAIR BOARD reserves the right to grant exclusive privileges for certain products. In such case, VENDOR may be prohibited from offering certain products, or required to offer a certain product exclusively, e.g., a certain brand of soft drinks.
Exclusives. From time to time, WFM and certain Product manufacturers or suppliers may agree that a Product provided by such manufacturer or supplier will be sold exclusively to WFM (“Exclusives”). If a new Exclusive Product meets the requirements in Section 3(c), UNFI will purchase and stock Exclusives in inventory and for a period specified by WFM (not to exceed three UNFI Pricing Periods per UNFI DC unless mutually agreed upon by the parties), UNFI will sell the Product only to WFM Locations.
Exclusives. Throughout the Lease Term and any Extension Terms and, if applicable, continuing so long as Tenant owns any fee simple portion of the Real Property or the Building, neither Landlord nor Foundry Park II shall lease space in Foundry Park to those competitors of Tenant in the packaging business listed on Exhibit H attached hereto (which list is hereby deemed acceptable to Landlord and Foundry Park II) and which list may be amended at reasonable intervals (so long as such amendments do not occur more than once during any five (5) year period) by Tenant from time to time by written notice to Landlord and Foundry Park II so long as such amendment is limited to competitors of Tenant in the packaging business.
Exclusives. A number of lessees and owners at Miramar Park of Commerce have exclusive use rights. Accordingly, Lessee shall not use the Premises for any of the uses described in Exhibit “1”.
Exclusives. For so long as Tenant is not in default hereunder, and for so long as Tenant occupies and actively conducts its business from the Demised Premises in accordance with the terms of this Lease, Landlord will not lease or rent any other premises in the Office Center described in Exhibit A to any new tenant whose primary business is the operation of a commercial banking facility. Anything contained herein to the contrary notwithstanding, it is expressly understood between the parties that Landlord intends to lease space in the Office Center to a stock brokerage firm which has the right to carry on activities as normally are carried on in such along with the right to include residential and commercial mortgage loan activities. It is further understood between the parties, that for so long as ▇▇▇▇▇ ▇▇▇▇▇▇ Realtors, its affiliates, or assigns, are tenants in the 20,000 square foot office building, that the Demised Premises shall not be operated by a Tenant whose primary business is the operation of a residential real estate brokerage office.
Exclusives. (A) Landlord acknowledges that, except as expressly set forth in this Section, Tenant is entering into this Lease in reliance upon its ability to conduct the Permitted Use without any limitation or restriction by reason of any exclusive provision or contractual restriction or limitation granted to any other party which applies to the Premises or Tenant's use thereof (an "Exclusive").
(B) Landlord represents to Tenant that except as set forth in the REOAs there are no Exclusives applicable to the Premises. Tenant covenants that Tenant shall be bound by each Exclusive set forth in REOAs to the extent they apply to the Premises.
(C) Landlord covenants that any Exclusives granted by Landlord after the date of this Lease (a "Future Exclusive") shall exclude application to the Premises (as the same may be enlarged or decreased) during the Term (as the same may be extended pursuant to this Lease or otherwise). Landlord further covenants that any Future Exclusive that applies to the Premises or Tenant's use thereof shall be null and void with respect to the Premises.
(D) Landlord shall indemnify, defend and hold Tenant harmless from and against any and all Indemnified Costs relating to the enforcement by Landlord of any Exclusive except the Exclusives set forth in the REOAs.
Exclusives. Notwithstanding anything to the contrary in the REA, including, without limitation, anything to the contrary in Section 5(c), the Borders Exclusive shall prohibit the use of the New Parcel as a coffeeshop, including, but not limited to, a Starbucks coffeehouse.
Exclusives. Landlord covenants and agrees that, during the Term and any extensions or renewals thereof no additional property which Landlord, directly or indirectly, may now or hereafter own or control, and which is contiguous to, or within five hundred (500) feet of any boundary of the Leased Premises will be used for any one or combination of the following: (i) the operation of a drug store -or a so-called prescription pharmacy or for any other purpose requiring a qualified pharmacist or other person authorized by law to dispense medicinal drugs, directly or indirectly, for a fee or remuneration of any kind; (ii) the operation of a medical diagnostic tab and/or the provision of treatment services; (iii) the sale of so called health and/or beauty aids and/or drug sundries; (iv) the operation of a business in which photofinishing services and/or photographic film are offered for sale, (v) the operation of a business in which food items are sold for consumption off the premises (other than a restaurant selling take-out food items) and/or (vi) the operation of a business in which greeting cards or wrapping paper are offered for sale.. For purposes hereof "contiguous' shall mean property that is either adjoining the Leased Promises or separated from the Leased Promises only by a public or private street, alley or right-of-way. In the event that Tenant files suit against any party to enforce the foregoing restrictions Landlord agrees to cooperate fully with Tenant in the prosecution of any such suit. Notwithstanding ft foregoing, if Tenant closes its store to the public for six (6) months or more, then all of the foregoing exclusive use restrictions shall terminate, except in the event that Tenant discontinues business as a result of fire or other casually beyond Tenant's control so long as Tenant reopens its business within sixty (60) days after the Leased Promises have been restored or the cause for such discontinuance has ceased. In no event shall said restrictions terminate in the event that Tenant discontinues business and a permitted assignee or subleases of Tenant commences business operations in