|
SECTION 6.2 OPERATION OF BUSINESS. Tenant agrees to conduct its business at all times in a first class
<br />and reputable manner. Tenant agrees that it will conduct it's business in good faith so as not to tend, in Landlord's
<br />opinion, to injure the reputation of the~llllll~center. In the event Landlord has approved Tenant's remaining open
<br /> for
<br />business after normal Center hours, then such approval shall be conditioned upon Tenant's paying for all
<br />additional costs by Landlord as a result thereof, Tenant shall not store anything in service or exit corridors.
<br />Tenant agrees that all receiving and delivery of goods, and all removal of supplies, equipment, trash and garbage, and all
<br />storage of trash and garbage, shall be made only by way of or in the areas provided therefor by Landlord.
<br />
<br /> SECTION 6.3 CARE OF PREMISES. Tenant, at Tenant's expense, shall at all times keep the Premises
<br />(including the store front, the service areas adjacent to the Premises, show windows and signs) orderly, neat, safe, clean
<br />and free from rubbish and dirt, and shall store all trash, garbage and other debris within the Premises. Tenant shall not
<br />bum any trash or garbage at any time in or about the~Center. Landlord may require the use of rubbish disposal
<br />contractors and of pest extermination contractors, at such intervals as Landlord deems appropriate. If Landlord shall
<br />provide any services or facilities for rubbish pickup, then Tenant shall be obligated to use them and shall pay a
<br />proportionate share of the cost within ten (10) days after being billed. If Landlord does not provide rubbish services,
<br />Tenant shall arrange for the regular pickup of all rubbish.
<br />
<br />ARTICLE Vll. COMMON FACILITIES
<br />
<br /> SECTION 7.1 OPERATION AND MAINTENANCE OF COMMON FACILITIES. Landlord agrees to
<br />operate and maintain during the Term all common facilities within the~ Center and to obtain general liability
<br />insurance for personal injury, bodily injury and property damage as respects Landlord's operations in the amount as
<br />Landlord, in the exercise of its sole judgment and discretion, shall deem appropriate. The manner in which such areas and
<br />facilities shall be operated and maintained, and the expenditures therefor, shall be at the sole discretion of Landlord. All
<br />areas within the exterior boundaries of the~ Center which are not now or hereafter held for exclusive use by
<br />persons entitled to occupy floor space in th~ Center, including, without limiting the generality of the foregoing,
<br />parking areas, driveways, truckways, delivery passages, loading docks, sidewalks, ramps, open and enclosed courts and
<br />malls, landscaped and planted areas, exterior stairways, elevators, bus stops, retaining walls, restrooms not located within
<br />the premises of any tenant, and other areas and improvements provided by Landlord for the common use of Landlord and
<br />tenants and their respective employees and invitees, shall be deemed "common facilities." However, common facilities
<br />will not include (a) the immediate entryway to Tenant's Premises, (b) the area within the building overhang directly
<br />outside of Tenant's Premises, (c) any improvements put in by Tenant outside of Tenant's Premises, whether with or
<br />without Landlord's knowledge or consent, and (d) any areas or facilities that could be considered as common areas except
<br />that said areas or facilities are included in the description of Premises leased to one or more specific tenants or shown on
<br />attached exhibits. Landlord may make changes at any time and from time to time in the size, shape, location, number and
<br />extent of the common facilities or any of them, and no such change shall entitle Tenant to any abatement of rent.
<br />
<br /> SECTION 7.2 USE OF COMMON FACILITIES.
<br /> (a) Nonexclusivity. The use and occupancy by Tenant of the Premises shall include the use of the common facilities
<br />in common with Landlord and with all others for whose convenience and use the common facilities have been or may
<br />hereafter be provided by Landlord, subject, however, to rules and regulations for the use thereof as prescribed from time
<br />to time by Landlord, including the right of Landlord to impose parking charges. Landlord shall operate, manage, equip,
<br />light, repair, clean and maintain the common facilities in such manner as Landlord may, in its sole discretion, determine to
<br />be appropriate. Nothing contained herein shall be deemed to create liability upon Landlord for any damage to or theft of
<br />motor vehicles of customers or employees or from loss of property from within such motor vehicles. Landlord reserves
<br />the right to utilize from time to time portions of the common areas for carnival type shows, rides, entertainment, outdoor
<br />shows, displays, automobile and other product shows, the leasing of kiosks, or such other uses which, in Landlord's
<br />judgment, tend to attract the public or which Landlord is required to allow by law. Further, Landlord reserves the right to
<br />utilize the lighting standards and other areas in the parking lot for advertising purposes. In no event, however, shall
<br />Tenant, its agents, or its employees use the common areas for the display or sale of merchandise. Landlord may
<br />temporarily close any common facility for repairs or alterations, to prevent a dedication thereof or the accrual of
<br />prescriptive rights therein, to discourage non-customer parking, or for any other reason deemed sufficient by Landlord.
<br />
<br /> (b) Landlord's Control. Landlord shall, at all times during the Term, have the sole and exclusive control of the
<br />automobile parking areas, driveways, entrances and exits and the sidewalks and pedestrian passageways and other
<br />common facilities, and may at any time and from time to time during the Term restrain any use or occupancy thereof
<br />except as authorized by the rules and regulations for the use of such areas established by Landlord from time to time. The
<br />rights of Tenant in and to the common facilities shall at all times be subject to the rights of Landlord and the other tenants
<br />of Landlord to use the same in common with Tenant, and Tenant shall keep the facilities free and clear of any obstructions
<br />created or permitted by Tenant or resulting from Tenant's operation. If, in the opinion of Landlord, unauthorized persons
<br />are using any of the common facilities by reason of the presence of Tenant in the~ Center, Tenant, upon demand
<br />of Landlord, shall restrain such unauthorized use by appropriate proceedings. Nothing herein shall affect the right of
<br />Landlord at any time to remove any such unauthorized person from the common facilities or to prohibit the use of any of
<br />the common facilities by unauthorized persons.
<br /> (c) Tenant and Employee Parking. * Tenant and its employees shall park their vehicles only in those portions of
<br />the parking areas from time to time designated for that purpose by Landlord. Tenant shall furnish landlord with a list of its
<br />employees and their vehicle license numbers within fifteen (l 5) days after taking possession of the Premises, and Tenant
<br />shall thereafter notify Landlord of any change in such list within five (5) days after such change occurs. Tenant agrees to
<br />assume responsibility for compliance by its employees with the parking provisions contained herein, lfTenant or its
<br />
<br />· ~ Eighteen (18) monthly parking spaces shall be at no charge. All other monthly parking and validation stamps
<br />shall be at the parking rates applicable from time to time by Landlord and/or its licensee.
<br />
<br />
<br />
|