Common use of Leased Premises and Use Clause in Contracts

Leased Premises and Use. 3.1 Subject to compliance by the LESSEE with the provisions of this Lease, the LESSEE shall have exclusive use and quiet possession of the Leased Premises. The Leased Premises shall be used by the LESSEE for the operation of a food and beverage business for on and off the Leased Premises consumption operating as “The ▇▇▇▇▇▇▇ Club” and for no other purposes whatsoever. 3.2 The Common Lounge Area, as highlighted in orange on Appendix ‘C’ is available for use by the LESSEE’s customers, but shall remain accessible to members of the public and shall be controlled by the CITY. 3.3 The CITY acknowledges that the LESSEE’s menu consists of primarily sandwiches, French fries, hot dogs, “grab and go” food, and related items. The LESSEE must submit a listing of all menu items, including pricing, to the CITY for approval. The LESSEE’s menu items must highlight the healthy choice options. Any material changes to the menu items, including pricing, shall require the approval of the CITY. The CITY shall determine what is a material change in its sole discretion. The LESSEE is expressly forbidden from sale of any tobacco or cannabis products of any kind. 3.4 The LESSEE, at its sole cost and expense, may, with the consent of the CITY, which consent may be unreasonably withheld, apply for a licence from the Alcohol and Gaming Commission of Ontario for the sale of alcohol from spaces within in the VHWC and the ▇. ▇. ▇▇▇▇▇▇ Sports Complex that have subsequently been leased to the LESSEE. Notwithstanding a successful application for a liquor sales licence by the LESSEE, the CITY maintains the right to withdraw their consent to the sale of alcohol by the LESSEE at any time. 3.5 The LESSEE shall supply the Vending Machines and keep supplied the Vending Machines in areas designated by the CITY at prices approved by the CITY. In the event the LESSEE, in the sole discretion of the CITY, fails to adequately service the Vending Machines, the CITY may terminate the licence to service the Vending Machines.