Common use of OCCUPANCY AND USE BY TENANT Clause in Contracts

OCCUPANCY AND USE BY TENANT. 26.01 If this Lease is terminated because of Tenant’s default hereunder, then, in addition to Landlord’s rights of re-entry, restoration, preparation for and rerental, and anything elsewhere in this Lease to the contrary notwithstanding, all Rent and Additional Rent reserved in this Lease from the date of such breach to the scheduled expiration date of this Lease shall become, at Landlord’s option, immediately due and payable to Landlord and Landlord shall retain its right to judgment on and collection of Tenant’s aforesaid obligation to make a single payment to 26 Landlord of a sum equal to the amount by which the Rent for the period which otherwise would have constituted the unexpired portion of the Term exceeds the then fair and reasonable rental value of the Premises for the same period, both discounted to present worth at the Prime Rate less the aggregate amount of any monthly amounts theretofore collected by Landlord pursuant to the provisions of Section 6.01 hereof for the same period. Notwithstanding the foregoing, in the event of a termination of this Lease by reason of Tenant’s default hereunder, and regardless of whether Landlord exercises the foregoing option described in this Section 26.01, Landlord shall be entitled to recover from Tenant all expenses incurred by Landlord in obtaining possession of the Premises and/or re-letting the Premises (or any portion thereof), including legal expenses and fees, brokerage fees, the cost of restoring such space to the condition required by this Lease, and the cost of all alterations and decoration reasonably deemed necessary by Landlord to effect such re-letting and to obtain a fair and reasonable rental value in connection therewith. In no event shall Tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original Term.

OCCUPANCY AND USE BY TENANT. 26.01 If this Lease is terminated because A. Tenant acknowledges that its continued occupancy of Tenant’s default hereunderthe demised premises, thenand the regular conduct of its business therein, are of utmost importance to the Landlord in the renewal of other leases in the building, in addition the renting of vacant space in the building, in the providing of electricity, air conditioning, steam and other services to Landlord’s rights of re-entry, restoration, preparation for and rerentalthe tenants in the building, and anything elsewhere in the maintenance of the character and quality of the tenants in the building. Tenant therefore covenants and agrees that it will occupy the entire demised premises, and will conduct its business therein in the regular and usual manner, throughout the term of this Lease lease. Tenant acknowledges that Landlord is executing this lease in reliance upon these covenants, and that these covenants are a material element of consideration inducing the Landlord to execute this lease. Tenant further agrees that if it vacates the contrary notwithstandingdemised premises or fails to so conduct its business therein, at any time during the term of this lease, without the prior written consent of the Landlord, then all Rent rent and Additional Rent additional rent reserved in this Lease lease from the date of such breach to the scheduled expiration date of this Lease shall become, at Landlord’s option, lease ,hall become immediately due and payable to Landlord. B. The parties recognize and agree that the damage to Landlord resulting from any breach of the covenants in subdivision (A) hereof will be extremely substantial, will be far greater than the rent payable for the balance of the term of this lease, and will be impossible of accurate measurement The parties therefore agree that in the event of a breach or threatened breach of the said covenants, in addition to all of Landlord's other rights and remedies, at law or in equity or otherwise, Landlord shall have the right of injunction to preserve Tenant's occupancy and use. The words "become vacant or deserted" as used elsewhere in this lease shall include Tenant's failure to occupy or use as by this Article required C. If Tenant breaches either of the covenants in subdivision (A) above, and this lease shall be terminated because of such default, then, in addition to Landlord's right of reentry, restoration, preparation for and, rerental, and anything elsewhere in this lease to the contrary notwithstanding, Landlord shall retain its right to judgment on and collection of Tenant’s 's aforesaid obligation to make a single payment to 26 Landlord of a sum equal to the amount by which the Rent total of all rent and additional rent reserved for the period which otherwise would have constituted the unexpired portion remainder of the Term exceeds the then fair and reasonable rental value original term of the Premises for the same periodthis lease, both discounted subject to present worth at the Prime Rate less the aggregate amount of any monthly amounts theretofore collected by Landlord pursuant future credit or repayment to the provisions of Section 6.01 hereof for the same period. Notwithstanding the foregoing, Tenant in the event of a termination any rerenting of this Lease the premises by reason of Tenant’s default hereunderLandlord, and regardless of whether Landlord exercises the foregoing option described in this Section 26.01, Landlord shall be entitled to recover after first from Tenant rerental income all expenses incurred by Landlord in reducing to judgment or otherwise collecting Tenant aforesaid obligation, and in obtaining possession of the Premises and/or restoring, preparing for and re-letting the Premises (or any portion thereof), including legal expenses and fees, brokerage fees, the cost of restoring such space to the condition required by this Lease, and the cost of all alterations and decoration reasonably deemed necessary by Landlord to effect such re-letting and to obtain a fair and reasonable rental value in connection therewithpremises. In no event shall Tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original Termterm of this lease. D. Tenant shall not obstruct or permit the obstruction of the light, halls, areas, roof, stairway or entrances to the building, and will not affix, erect or inscribe any signs, projections, awnings, signals or advertisements of any kind to any part of the premises including the inside or outside of the windows or doors thereof and will not paint the outside of the doors thereof or the inside or outside of the windows thereof unless and until the style, size, color, construction and location thereof have been approved in writing by Landlord. Landlord shall have the right to withdraw such approval at any time and to require Tenant to remove any such signs, projections, awnings, signals or advertisements. Landlord also reserves to itself the sole right to designate the person, firm or corporation which shall do the work of lettering and erecting of any and all signs to be affixed to the premises or the building. In the event that said work is done by Tenant through any person, firm or corporation, other than that designated by Landlord, Landlord is hereby given the right to remove said signs without being liable to Tenant by reason thereof and to charge the cost of so doing to Tenant as additional rent payable on the first day of the next following month, or at Landlord's option, on the first day of any subsequent month.

OCCUPANCY AND USE BY TENANT. 26.01 If (a) Landlord shall have no obligation to provide the Premises with air conditioning, heat, ventilation, water, steam, gas, oil or any other utilities or services except as expressly and specifically set forth in this Lease is terminated because of Lease. Tenant, at Tenant’s default hereundersole cost and expense, thenshall make arrangements directly with the appropriate utility company for the supply of electricity, in addition gas or any other utilities or services to Landlord’s rights of re-entry, restoration, preparation for and rerentalthe Premises, and anything elsewhere in this Lease shall install and maintain any meters (if none dedicated to the contrary notwithstandingPremises already exist) at its sole cost and expense to measure consumption thereof, and shall pay all Rent and Additional Rent reserved in this Lease from the date of charges for such breach consumption directly to the scheduled expiration date utility provider. Tenant’s obligation to pay for utilities consumed at the Premises shall commence as of this Lease the Commencement Date. (b) Tenant shall become, arrange to restore gas service at Landlord’s option, immediately due and payable to Landlord the Premises and Landlord shall retain its right to judgment on and collection of comply with Tenant’s aforesaid obligation to make a single payment to 26 Landlord of a sum equal to the amount by which the Rent for the period which otherwise would have constituted the unexpired portion of the Term exceeds the then fair and reasonable rental value of the Premises for the same period, both discounted to present worth at the Prime Rate less the aggregate amount of any monthly amounts theretofore collected by Landlord pursuant to the provisions of Section 6.01 hereof for the same periodrequests in connection therewith. Notwithstanding the foregoing, in the event of a termination of this Lease by reason of Tenant’s default hereunder, and regardless of whether Landlord exercises the foregoing option described in this Section 26.01, Landlord shall be entitled to recover from that Tenant all expenses incurred by Landlord in obtaining possession of is denied gas service at the Premises and/or re-letting the Premises by ConEdison (‘ConEd”) or any portion thereof)other applicable utility provider solely due to compliance issues arising from New York Local Law 97, including legal expenses and feesthen upon presentment of documentary evidence of such rejection to Landlord, brokerage feesTenant may, the cost of restoring such space in its sole discretion, elect to the condition required by terminate this Lease, and upon said termination neither party shall have any further rights or obligations hereunder, and this Lease shall be deemed terminated and of no further force and effect. Tenant will endeavor to obtain approval from ConEd within ninety (90) days from the Effective Date hereof, provided, however, a failure to so obtain said approval within said timeframe, shall not serve as a waiver of Tenant’s right to terminate the Lease if Tenant is subsequently denied gas service at the Premises by ConEd in accordance herewith. 26.02 In the event any utility service consumed in the Premises and/or by Tenant for which Tenant is obligated to pay for such consumption are not separately metered or sub metered, then until such time as such services are metered or sub metered, Tenant shall pay Landlord One Hundred and Ten Percent (110%) of the cost of all alterations such services, as provided for herein. Except with respect to T▇▇▇▇▇’s obligation hereunder pertaining to payment of Real Estate Tax Escalations, the phrase “Tenant’s Share” shall refer to Tenant’s obligation to pay 110% of the cost of any services and/or utilities, and decoration reasonably deemed necessary by Landlord to effect such re-letting and to obtain a fair and reasonable rental value in connection therewith. In no event Tenant’s Share shall Tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original Termconstitute Additional Rent.

OCCUPANCY AND USE BY TENANT. 26.01 If (a) Tenant acknowledges that its continued occupancy of the demised premises, and the regular conduct of its business therein, are of utmost importance to the Landlord in the renewal of other leases in the building, in the renting of vacant space in the building, in the providing of electricity, air conditioning, steam and other services to the tenants in the building, and in the maintenance of the character and quality of the tenants in the building. Tenant therefore covenants and agrees that it will occupy the entire demised premises, and will conduct its business therein in the regular and usual manner, throughout the term of this Lease. Tenant acknowledges that Landlord is executing this Lease is in reliance upon these covenants and that these covenants are a material element of consideration inducing the Landlord to execute this Lease. Tenant further agrees that if it vacates the demised premises or fails to so conduct its business therein, at any time during the term of this Lease, without the prior written consent of the Landlord, then all rent and additional rent reserved in this Lease from the date of such breach to the expiration date of this Lease shall become immediately due and payable to Landlord. (b) The parties recognize and agree that the damage to Landlord resulting from any breach of the covenants in subdivision (a) hereof will be extremely substantial, will be far greater than the rent payable for the balance of the term of this Lease, and will be impossible of accurate measurement. The parties, therefore, agree that in the event of a breach or threatened breach of the said covenants, in addition to all of Landlord's other rights and remedies, at law or in equity or otherwise, Landlord shall have the right of injunction to preserve Tenant's occupancy and use. The words "become vacant or deserted" as used elsewhere in this Lease shall include Tenant's failure to occupy or use as by this Article required. (c) If Tenant breaches either of the covenants in subdivision (a) above, and this Lease be terminated because of Tenant’s default hereundersuch default, then, in addition to Landlord’s 's rights of re-entry, restoration, preparation for and rerental, and anything elsewhere in this Lease to the contrary notwithstanding, all Rent and Additional Rent reserved in this Lease from the date of such breach to the scheduled expiration date of this Lease shall become, at Landlord’s option, immediately due and payable to Landlord and Landlord shall retain its right to judgment on and collection of Tenant’s 's aforesaid obligation to make a single payment to 26 Landlord of a sum equal to the amount by which the Rent total of all rent and additional rent reserved for the period which otherwise would have constituted the unexpired portion remainder of the Term exceeds the then fair and reasonable rental value original term of the Premises for the same periodthis Lease, both discounted subject to present worth at the Prime Rate less the aggregate amount of any monthly amounts theretofore collected by Landlord pursuant future credit or repayment to the provisions of Section 6.01 hereof for the same period. Notwithstanding the foregoing, Tenant in the event of a termination any rerenting of this Lease the premises by reason of Tenant’s default hereunderLandlord, and regardless of whether Landlord exercises the foregoing option described in this Section 26.01, Landlord shall be entitled to recover after first deducting from Tenant rerental income all expenses incurred by Landlord in reducing to judgment or otherwise collecting Tenant's aforesaid obligation, and in obtaining possession of the Premises and/or of, restoring, preparing for and re-letting the Premises (or any portion thereof), including legal expenses and fees, brokerage fees, the cost of restoring such space to the condition required by this Lease, and the cost of all alterations and decoration reasonably deemed necessary by Landlord to effect such re-letting and to obtain a fair and reasonable rental value in connection therewithpremises. In no event shall Tenant tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original Termterm of this Lease.

OCCUPANCY AND USE BY TENANT. 26.01 A. Tenant acknowledges that its continued occupancy of the demised premises, and the regular conduct of its business therein, are of utmost importance to the Landlord in the renewal of other leases in the building, in the renting of vacant space in the building, in the providing of electricity, air conditioning, steam and other services to the tenants in the building, and in the maintenance of the character and quality of the tenants in the building. Tenant therefore covenants and agrees that it will occupy the entire demised premises, and will conduct its business therein in the regular and usual manner, throughout the term of this lease. Tenant acknowledges that Landlord is executing this lease in reliance upon these covenants, and that these covenants are a material element of consideration inducing the Landlord to execute this lease. Tenant further agrees that if it vacates the demised premises or fails to so conduct its business therein, at any time during the term of this lease, without the prior written consent of the Landlord, then all rent and additional rent reserved in this lease from the date of such breach to the expiration date of this lease shall become immediately due and payable to Landlord. B. The parties recognize and agree that the damage to Landlord resulting from any breach of the covenants in paragraph A hereof will be extremely substantial, will be far greater than the rent payable for the balance of the term of this lease, and will be impossible of accurate measurement. The parties therefore agree that in the event of a breach or threatened breach of the said covenants, in addition to all of Landlord's other rights and remedies, at law or in equity or otherwise, Landlord shall have the right of injunction to preserve Tenant's occupancy and use. The words "become vacant or deserted" as used elsewhere in this lease shall include Tenant's failure to occupy or use as by this Article required. C. If Tenant breaches either of the covenants in paragraph A above, and this Lease is lease shall be terminated because of Tenant’s default hereundersuch default, then, in addition to Landlord’s rights 's right of re-entryreentry, restoration, preparation for and rerental, and anything elsewhere in this Lease lease to the contrary notwithstanding, all Rent and Additional Rent reserved in this Lease from the date of such breach to the scheduled expiration date of this Lease shall become, at Landlord’s option, immediately due and payable to Landlord and Landlord shall retain its right to judgment judgement on and collection of Tenant’s 's aforesaid obligation to make a single payment to 26 Landlord of a sum equal to the amount by which the Rent total of all rent and additional rent reserved for the period which otherwise would have constituted the unexpired portion remainder of the Term exceeds the then fair and reasonable rental value original term of the Premises for the same periodthis lease, both discounted subject to present worth at the Prime Rate less the aggregate amount of any monthly amounts theretofore collected by Landlord pursuant future credit or repayment to the provisions of Section 6.01 hereof for the same period. Notwithstanding the foregoing, Tenant in the event of a termination any rerenting of this Lease the demised premises by reason of Tenant’s default hereunderLandlord, and regardless of whether Landlord exercises the foregoing option described in this Section 26.01, Landlord shall be entitled to recover after first deducting from Tenant rerental income all expenses incurred by Landlord in reducing to judgment or otherwise collecting Tenant's aforesaid obligation, and in obtaining possession of the Premises and/or restoring, preparing for and re-letting the Premises (or any portion thereof), including legal expenses and fees, brokerage fees, the cost of restoring such space to the condition required by this Lease, and the cost of all alterations and decoration reasonably deemed necessary by Landlord to effect such re-letting and to obtain a fair and reasonable rental value in connection therewithdemised premises. In no event shall Tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original Termterm of this lease. D. Tenant shall not obstruct or permit the obstruction of the light, halls, areas, roof, stairway or entrances to the building, and will not affix, erect or inscribe any signs, projections, awnings, signals or advertisements of any kind to any part of the demised premises including the inside or outside of the windows or doors thereof and will not paint the outside of the doors thereof or the inside or outside of the windows thereof unless and until the style, size, color, construction and location thereof have been approved in writing by Landlord. Landlord shall have the right to withdraw such approval at any time and to require Tenant to remove any such signs, projections, awnings, signals or advertisements. Landlord also reserves to itself the sole right to designate the person, firm or corporation which shall do the work of lettering and erecting of any and all signs to be affixed to the demised premises or the building. In the event that said work is done by Tenant through any person, firm or corporation, other than that designated by Landlord, Landlord is hereby given the right to remove said signs without being liable to Tenant by reason thereof and to charge the cost of so doing to Tenant as additional rent payable on the first day of the next following month, or at Landlord's option, on the first day of any subsequent month.