Common use of FOOD SERVICE OPERATION Clause in Contracts

FOOD SERVICE OPERATION. As of the Effective Date, the Project is not served by an on-site food service operation (a “Food Service Operation”). For purposes of clarity, a mobile food operation (such as a food truck or delivery service) shall not satisfy the definition of a Food Service Operation. If, as of the time that Landlord has successfully leased seventy percent (70%) of the rentable area of the Project, no Food Service Operation is then operating within the Project, Landlord will use reasonable efforts to procure or establish a Food Service Operation in the Project. If, as of the time Landlord has successfully leased ninety percent (90%) of the rentable area of the Project, no Food Service Operation is then operating within the Project, Landlord shall thereafter use best efforts to procure or establish a Food Service Operation to serve the Project and shall use reasonable efforts to provide adjacent indoor or outdoor seating for such Food Service Operation for no less than twelve (12) persons. If a Food Service Operation is established at the Project, in no event shall Landlord be liable or deemed in violation of this Section if such Food Service Operation subsequently goes out of business or leaves the Project for any reason.