Use and Operation Sample Clauses

Use and Operation. 3.1 Permitted Use ......................................................................................................

Use and Operation. You may enter upon my premises and take possession of all or any part of my property for the purpose of preserving the Property or its value, so long as you do not breach the peace. You may use and operate my property for the length of time you feel is necessary to protect your interest, all without payment or compensation to me.

Use and Operation. Except as otherwise expressly provided herein, Lessee shall be solely and exclusively responsible for the use, operation and control of the Aircraft while in its possession during the Term of this Agreement. Lessee shall operate the Aircraft in accordance with the provisions of Part 91 of the FARs and shall not operate the Aircraft in commercial service, as a common carrier, or otherwise on a compensatory or "for hire" basis except to the limited extent permitted under Subpart F of Part 91 of the FARs, if applicable. Lessee agrees not to operate or locate the Airframe or any Engine, or suffer the Airframe or any Engine to be operated or located, in any area excluded from coverage by any insurance policy in effect or required to be maintained hereunder with respect to the Airframe or Engines, or in any war zone. Lessee agrees not to knowingly operate the Airframe or any Engine or knowingly permit the Airframe or any Engine to be operated during the Term except in operations for which Lessee is duly authorized, or to knowingly use or permit the Aircraft to be used for a purpose for which the Aircraft is not designed or reasonably suitable. Lessee will not knowingly use or operate the Aircraft in violation of any Applicable Law, or contrary to any manufacturer's operating manuals or instructions. Lessee shall not knowingly permit the Aircraft to be used for the carriage of any persons or property prohibited by law nor shall it be used during the existence of any known defect except in accordance with the FARs.

Use and Operation. 3.1 Permitted Use 6 3.2 No Exclusivity 6 3.3 Operation of Business 6 3.4 Support Space 6 3.5 Hours of Operation 6 3.6 Prices 6 3.7 References to Airport 7

Use and Operation. Developer covenants that at all times during the Term, it will, at its expense: (a) Use the Project only as a prototypical Menards home improvements store as described in Section 2.2 above (the "Permitted Use"). (b) Conduct its business at all times in a dignified quality manner and in conformity with first-class industry standards and in such manner as to help establish and maintain a high reputation for the Project. (c) Open and occupy the Project by the Completion Date and thereafter continuously operate and conduct business and without interruption, use, occupy and operate all of the same, other than such minor portions thereof as are reasonably required for maintenance, storage and office purposes; use such storage and similar space only in connection with the business conducted by Developer in the Project; furnish and install all trade fixtures and permitted signs; open for business and remain open during the entire Term from at least the hours and days that are customary in conformance with first-class standards for other similar home improvement retail stores in the Midwest region ("Business Hours") and in such manner as to help establish and maintain a high reputation for the Project. Notwithstanding the foregoing, the parties hereby agree as follows: (i) the Improvements shall be continuously open during reasonable Business Hours, subject to Developer's (x) security and management restrictions; and (y) right to temporarily close as necessary for repair, maintenance, etc.; and (ii) the Improvements, or any portion thereof may be closed temporarily for periods during national or regional pandemics, casualty, and/or reconstruction; (iii) the Improvements or portions thereof may be temporarily closed during remodeling or during periods of rebranding; (iv) all or a portion of the garden center/outdoor sales area of the Project may be closed on a seasonal basis as is customary for other similarly-situated garden centers in the Midwest region. (d) Developer hereby recognizes that its covenants in this Section 6.2 are a material consideration to the UG. Without the covenants set forth in this Section 6.2, the UG would not agree to provide the TIF Financing set forth herein. (e) Developer acknowledges that damages for the breach of the covenants contained in this Section 6.2 may be very difficult to ascertain. Accordingly, in the event of a breach of the covenants contained in this Section 6.2, then: (i) The UG shall be entitled to pursue such damages for...

Use and Operation. Developer covenants that at all times during the Term it will at its expense: Conduct its business at all times in a dignified quality manner and in conformity with the industry standards for similar facilities and in such manner as to maximize sales and/or rentals and to help establish and maintain a high reputation for the Project. Perform its duties to maintain the Project and the District as set forth in Section 6.03 hereof. Perform its duties to repair, restore, and replace portions of the Project as set forth in Sections 6.07(b) and (d). Developer hereby understands and agrees that the nature of the shopping center to be developed pursuant to this Agreement was critical to the approval of the same. Accordingly, the parties hereby agree that the following uses shall be prohibited within the Project (notwithstanding anything to the contrary herein, none of the current uses of the Project as of the date hereof shall be prohibited hereunder): (i) Any use which is offensive by reason of odor, fumes, dust, smoke, noise, or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or injurious to the reputation of the shopping center. No oil, gasoline or flammable liquid shall be stored within the District. (ii) A gas station or car wash. (iii) A facility primarily used as a storage warehouse operation, mini- warehouse, or freight terminal. (iv) Any pawn shop or flea market. (v) Any store selling discounted tobacco products or tobacco-smoking paraphernalia. (vi) Pay-day or title loan facilities. (vii) Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building within the District. (viii) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation (but this provision shall not restrict the absolute freedom of an owner of any portion within the District to determine its own selling prices nor shall it preclude second-hand sales or the conduct of periodic seasonal sales, promotional or clearance sales, all of which are specifically permitted). (ix) Any central laundry, or laundromat; provided, however, this prohibition shall not be applicable to a drop-off and pickup facility, or a central laundry or laundromat that complies with CERCLA, RCRA and other Applicable Laws and Requirements (as defined herein). (x) Any automobile, truck, trailer or recreational vehicle with outside...

Use and Operation. Licensee agrees to use the Gaming Space within the Licensed Locations as a department for the sole purpose of operating the Devices in such space and will at all times conduct said department and all branches of its business in a first-class business like and attractive high-grade and proper manner, including, without limitation, (1) maintaining the Devices in good condition and repair at its own expense and at no expense to Licensor; (2) replacing any out of date Devices at its own expense with modern, up-to-date Devices from time to time; (3) employing a change cashier or installing money changing devices so that the store cashiers in the Licensed Location will not be required to make change for the operation of the Devices; and (4) not employing any person or persons within the Licensed Locations deemed objectionable by Licensor, Licensee agreeing upon request of Licensor to remove any such objectionable employee as quickly as reasonably possible under existing federal, state, and local laws. Signs of such type and size as may be mutually agreed upon by Licensor and Licensee shall be placed by Licensee in a conspicuous place at each of the Licensed Locations stating that Licensee is the owner and operator of the Devices. Licensor shall not change the smoking policies in the Gaming Spaces from those currently in effect without the prior written consent of Licensee, unless and to the extent such change is required by law or regulation.

Use and Operation. Developer covenants that at all times during the Term it will, at its expense: (a) Conduct its business at all times in a dignified quality manner and in conformity with the industry standards for similar facilities and in such manner as to maximize sales and/or rentals and to help establish and maintain a high reputation for the Project. (b) Perform its duties to maintain the Project and the District as set forth in Section 6.03 hereof. (c) Perform its duties set forth in Section 6.07 hereof. (d) Developer hereby agrees to secure a contractual commitment from the Container Store to stock and open for at least one day (the "Container Store Covenant"). (e) Developer hereby understands and agrees that the nature of the shopping center to be redeveloped pursuant to this Agreement was critical to the approval of the same. Accordingly, the parties hereby agree that the following uses shall be prohibited within the Project: (i) Any use which is offensive by reason of odor, fumes, dust, smoke, noise, or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or injurious to the reputation of the shopping center. No oil, gasoline or flammable liquid shall be stored within the District. (ii) A gas station or car wash. (iii) A facility primarily used as a storage warehouse operation, mini- warehouse, or freight terminal. (iv) Any pawn shop or flea market. (v) Any store selling discounted tobacco products or tobacco-smoking paraphernalia. (vi) Pay-day or title loan facilities. (vii) Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building within the District. (viii) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation (but this provision shall not restrict the absolute freedom of an owner of any portion within the District to determine its own selling prices nor shall it preclude second-hand sales or the conduct of periodic seasonal sales, promotional or clearance sales, all of which are specifically permitted). (ix) Any central laundry, or laundromat; provided, however, this prohibition shall not be applicable to a drop-off and pickup facility, or a central laundry or laundromat that complies with CERCLA, RCRA and other Applicable Laws and Requirements (as defined herein). (x) Any automobile, truck, trailer or recreational vehicle with outside sales, leasing, or display...

Use and Operation. LESSEE shall use the EQUIPMENT in a careful manner and shall comply with all laws relating to its possession, use and maintenance. LESSEE represents that the EQUIPMENT shall be used in its business or commercial concern and that no item of EQUIPMENT will be used for personal, family or household purposes.