Common use of Permitted Use of the Premises Clause in Contracts

Permitted Use of the Premises. Tenant will undertake ----------------------------- construction of the Tenant Improvements and may use and occupy the Premises for any lawful purpose permitted under the laws of the Village of Pinecrest, Florida and Miami-Dade County, Florida, provided that such use or uses do not exceed the parking limits placed upon Suniland Center by those governmental authorities for the existing parking spaces and any additional parking spaces approved and expected to be completed by the time Tenant expects to open for business within the Premises (hereinafter "Parking Limits"). Tenant will not commit waste upon the Premises and/or Premises Building nor suffer or permit the Premises and/or Premises Building or any part of them to be used in any manner, or suffer or permit anything to be done in or brought into or kept in the Premises and/or Premises Building or Suniland Center, or the common area thereof, or operate Tenant's business at the Premises and/or Premises Building in a manner which would: (i) violate any law or requirement of public authorities, (ii) cause injury to Suniland Center or any part thereof, (iii) materially annoy or offend other tenants or their patrons or interfere with the normal operations of Suniland Center or plumbing or the ingress and egress to Suniland Center or the parking areas serving Suniland Center, (iv) constitute a public or private nuisance, or (v) alter the appearance of the exterior of Suniland Center or the Premises and/or the Premises Building or of any portion of the parking areas, other than as permitted in the construction of the Tenant Improvements at the Premises and/or Premises Building, pursuant to the provisions of this Lease. Tenant agrees and acknowledges that Tenant shall be responsible for obtaining any governmental permits, authorizations or consents required solely on account of Tenant's construction of the Tenant Improvements and use of the Premises and/or Premises Building.

Permitted Use of the Premises. The Premises shall be used and occupied by Tenant will undertake ----------------------------- construction exclusively as, and for the operation of, the Museum including the exhibition of the Tenant Improvements Vessels, and may use for uses incidental thereto and occupy the Premises for any lawful purpose permitted under the laws of the Village of Pinecrest, Florida and Miami-Dade County, Florida, provided that such use or uses do not exceed the parking limits placed upon Suniland Center by those governmental authorities for the existing parking spaces and any additional parking spaces approved and expected to be completed by the time Tenant expects to open for business within the Premises (hereinafter "Parking Limits"). Tenant will not commit waste upon the Premises and/or Premises Building nor suffer or permit the Premises and/or Premises Building or any part of them to be used in any manner, or suffer or permit anything to be done in or brought into or kept in the Premises and/or Premises Building or Suniland Center, or the common area support thereof, or operate Tenant's business at including management and administration, maintenance, provision of information to the Premises and/or Premises Building in a manner which wouldgeneral public, sale of tickets, fundraising, and security (the “Primary Uses”) and for no other purpose other than the Ancillary Uses as set forth herein. Ancillary Uses shall include and be limited to the following: (i) violate any law access to and from the Intrepid and other incidental use, in either case, in connection with Functions on the Intrepid or requirement other Vessel (but only to the extent that such use does not derogate from, or materially interfere, with the Primary Uses, including the times of public authoritiesrequired operation thereof as prescribed in subsection 8.01(b) below), (ii) cause injury retail and vending machine sales of food, alcoholic and non-alcoholic drinks (provided that Tenant shall not sell alcoholic drinks on the Pier unless Tenant first secures Landlord’s approval for and signature as owner/authorizing entity on any application to Suniland Center or the New York State Liquor Authority (it being acknowledged that Landlord hereby consents to such existing sales of alcohol as of the Commencement Date and agrees to reasonably cooperate with Tenant, at Tenant’s sole cost and expense, in connection with the administrative processing of new applications for the sale of alcohol that have been previously reviewed and approved by Landlord, including but not limited to signing such applications in its capacity as the owner/authorizing entity, and Tenant shall, on demand, reimburse Landlord for any part thereofout-of-pocket costs and expenses actually incurred by Landlord in connection with the foregoing), delivers to Landlord evidence that Tenant has all requisite permits for the sale thereof and subsequently, from time-to-time, at Landlord’s request delivers evidence that Tenant continues to have such licenses and permits), and the sale of gifts, films, photographs and souvenirs to any patrons and invitees of the Museum as is customary for museums in the City of New York, (iii) commercial filming and photography (but only to the extent that such use does not derogate from, or materially annoy or offend other tenants or their patrons or interfere with with, the normal operations Primary Uses and the required times of Suniland Center or plumbing or the ingress operation prescribed in Section 8.01(b)), and egress to Suniland Center or the parking areas serving Suniland Center, (iv) constitute a public or private nuisancethe operation of simulators and rides, or (vthe nature of which are substantially related to subject matter(s) alter the appearance of the exterior Museum, rather than for general amusement (and specifically excluding the operation of Suniland Center unrelated amusement park rides), and so long as such operation is substantially related to and does not derogate from the Primary Use (collectively, the “Ancillary Uses” and together with the Primary Uses, the “Permitted Uses”). Permitted Uses shall be subject to all applicable Requirements (including, without limitation, the City Zoning Resolution). Notwithstanding the foregoing, Ancillary Uses comprised of retail sales of food, alcoholic and non-alcoholic drinks, gifts, films, photographs and souvenirs shall not, except as provided in Section 8.01(d), occupy more than fifty percent (50%) of the zoning floor area (as such term is defined in the City Zoning Resolution) of the Welcome Center. Notwithstanding the foregoing, subject to the Permitted Closures and the provisions of Sections 8.01(e) and 8.01(f) below, no Permitted Use (including, but not limited to, Functions) shall result in any closure, whether temporary or permanent or whether required by Tenant or any third party (including a Governmental Authority to the Premises and/or the Premises Building extent in connection with a visitation, at Tenant’s invitation or request, by a person of significance or otherwise), of any portion of the parking areasPark (including without limitation the Esplanade and Bikeway), other than as permitted without the prior written consent of Landlord in Landlord’s reasonable discretion; provided, however, in the construction of the Tenant Improvements at the Premises and/or Premises Building, event such closure is required pursuant to the provisions a Government Authority for visitation by a person of this Lease. Tenant agrees and acknowledges that Tenant significance or otherwise without such advance notice as would normally be required, Landlord shall be responsible for obtaining any governmental permitsnotified within a reasonable time thereof, authorizations or consents but in no event less than twenty-four (24) hours prior to such closure (unless shorter notice is required solely on account of Tenant's construction of the Tenant Improvements and use of the Premises and/or Premises Buildingpursuant to a Government Authority).