|
rom penalties , fines , costs , expenses or damages
<br /> of the demised premises and save Landlord harmless f
<br /> resulting from failure to do so unless caused by Landlord .
<br /> (b) To give to Landlord prompt written notice of any accident, fire or damage
<br /> occurring in or to the demised premises and the common area.
<br /> (c) To keep the demised premises sufficiently heated to prevent freezing of water in
<br /> pipes and fixtures .
<br /> (d) To maintain control of its patrons both inside and outside of the demised premises .
<br /> If control is not maintained, or if, in the Landlord ' s sole discretion, the operation of Tenant ' s business
<br /> should constitute a nuisance, Landlord shall have the right, upon thirty (30) days written notice, to
<br /> in the demised premises at a reasonable level in the sole
<br /> terminate this Lease . Music will be allowed
<br /> discretion of Landlord .
<br /> (e) To conduct its business in the demised premises in all respects in a diligent and
<br /> dignified manner and keep the demised premises in first class condition in accordance with high
<br /> standards of store operation, maintaining at all times during the term of this Lease Agreement a full
<br /> staff of well trained and high- grade personnel and a full and complete stock of reasonable
<br /> merchandise .
<br /> (f) To comply with and observe the rules and regulations and any amendments or
<br /> supplements thereto which Landlord may reasonably adopt . Tenant ' s failure to keep and observe said
<br /> rules and regulations shall constitute a breach of the terms of this Lease in the manner as if the same
<br /> were contained herein as covenants . Any such breach will be noted by Landlord in writing to Tenant,
<br /> and Tenant will be given 5 business days to cure . Notice of the adoption of additional rules and
<br /> regulations or amendments thereto shall be given to Tenant simultaneously as to other tenants in the
<br /> Shopping Center .
<br /> (g) To do all things necessary to prevent the filing of any mechanics ' or other liens
<br /> against the demised premises or any part thereof by reason of work, labor, services or materials
<br /> supplied or claimed to have been supplied to Tenant, or anyone holding the demised premises or any
<br /> part thereof, through or under Tenant . If any such lien shall at any time be filed against Tenant ' s
<br /> interest in the demised premises , Tenant shall either cause the same to be discharged of record within
<br /> twenty (20) days after the date of filing of the same, or, if Tenant, in Tenant ' s discretion and in good
<br /> faith, determines that such lien should be contested, shall furnish such security as may be necessary
<br /> or required to prevent any foreclosure proceedings against Tenant ' s interest in the demised premises
<br /> during the tenure of such contest . If Tenant shall fail to discharge such lien within such period or fail
<br /> to furnish such security, then, in addition to any other right or remedy of Landlord resulting from
<br /> Tenant ' s said default, Landlord may, but shall not be obligated to , discharge the same either by paying
<br /> the amount claimed to be due or by procuring the discharge of such lien by giving security or in such
<br /> other manner as is , or may be, prescribed by law . Nothing contained herein shall imply any consent
<br /> or agreement on the part of Landlord to subject Landlord ' s estate to liability under any mechanics ' or
<br /> other lien of law .
<br /> (h) To repay to Landlord as additional rental , on demand, all reasonable sums
<br /> disbursed or deposited by Landlord pursuant to the foregoing provisions of this Article, including
<br /> Landlord ' s costs , expenses and reasonable attorneys ' fees incurred by Landlord in connection
<br /> therewith, together with interest thereon at the maximum rate allowed by law .
<br /> (1) To execute reasonable lease modifications if in connection with financing by
<br /> Landlord of the Shopping Center, a banking, insurance or other recognized in lender shall
<br /> request such reasonable modifications of this Lease Agreement as a condition to such financing .
<br /> Tenant will not unreasonably withhold, delay or defer its consent thereto , provided that such
<br /> modifications do not increase the obligations of Tenant hereunder or materially adversely affect the
<br /> leasehold interest hereby created .
<br /> NEGATIVE COVENANTS OF TENANT
<br /> 16 . Tenant will not do any of the following without prior consent in writing of Landlord :
<br /> (a) Do or suffer to be done, any act, matter or thing objectionable to insurance
<br /> companies whereby the fire insurance or any other insurance now in force or hereafter to be placed
<br /> on the demised premises or any part thereof, or on the building of which the demised premises may
<br /> be a part, shall become void or suspended, or whereby the same shall be rated as a more hazardous
<br /> risk than at the date when Tenant receives possession hereunder . In case of a breach of this covenant,
<br /> in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as additional
<br /> rent, any and all reasonable increase or increases of premiums on insurance, including rent insurance
<br /> carried by Landlord on any part of the Shopping Center, caused in any way by the occupancy of
<br /> Tenant . In determining whether increased premiums are the result of Tenant ' s use of premises , a
<br /> schedule issued by the organization making the insurance rate on the demised premises , showing the
<br /> various components of such rate, shall be conclusive evidence of the several items and charges which
<br /> make up the insurance rate on the premises .
<br /> 8
<br />
|