Common use of Operation of Facility Clause in Contracts

Operation of Facility. During the Term, the Lessee shall use its best efforts to operate the Facility (including the sowing, growing, harvesting and packaging of the Product) at its fullest productive capacity as would a prudent commercial greenhouse Lessee under the same or similar circumstances and to market the Product with substantially the same effort and on the same terms as used for product produced at other facilities operated by the Lessee or its Affiliates. The Lessee hereby agrees to give prompt written notice to the Lessor if at any time the Lessee becomes aware that the Facility is not being operated at its fullest productive capacity. The Lessee further agrees that it will not use the Facility for any purpose other than the production of tomatoes or, with the Lessor's consent, any other agricultural product.

Appears in 2 contracts

Sources: Lease Agreement (Ecoscience Corp/De), Lease Agreement (Ripe Touch Greenhouses Inc/)