Mar 31, - Sales Associate Part-Time Job. DSW. Nashua, NH, US, Full Time limited to, picking up trash in the aisles, returning shoes back where.
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Equipe Sport. West Dover shose, VT NorthportAL Evans On The Common. TownsendMA HealdsburgCA AuburnWA AlbanyNY ClarionPA Woods Ltd. MarbleheadMA Family Footwear Dsw shoes nashua nh. TroyNY Family Footwear Center Inc - Bennington. BenningtonVT Lake GeorgeNY Family Footwear Center Inc - Manchester.
Manchester CenterVT Family Shoe Store Inc. Port AngelesWA Famous Horse Inc. Dsw shoes nashua nhNY BradfordVT Fastenal Company. EvansCO rsw EverettMA RavennaOH BeevilleTX Feet First Inc. RochesterNY Feet For Life. Fernweh Lifestyles Co. MidwayUT Field Guide. ProvincetownMA MuncieIN Coeur D AleneID Finan Mcdonald Clothing Company - Sandpoint. SandpointDsw shoes nashua nh Fishtail General Store. FishtailMT AnkenyIA In the event either how to stop cycling shoes smelling Submitting Party or the Reviewing Party fails to respond within such day period provided for in this paragraph, shimano clip shoes such failure continues for five 5 days after receipt of a subsequent notice, then the plans and specifications shall be deemed to have been approved by both parties as last submitted or as last reasonably modified, as applicable.
Landlord dsw shoes nashua nh obtain all necessary building and occupancy permits necessary to perform Landlord's Work; and Tenant shall promptly apply for and shall use its best efforts to pursue all necessary building permits and governmental approvals necessary to perform Tenant's Work and to open the Premises for business to the public.
In the event, despite such prompt application and diligent, good faith efforts to obtain the Tenant Permits, Tenant is unable to obtain the same within ninety 90 days following the Commencement Date, Landlord may, but shall dsw shoes nashua nh be required to, attempt to obtain the Tenant Permits.
In the event, despite such prompt application and diligent, good faith efforts by Tenant to obtain the Tenant Permits, neither Tenant nor Dsw shoes nashua nh has been able to obtain the Tenant Permits within one hundred eighty days following the Commencement Date, at any time thereafter dsw shoes nashua nh to Tenant obtaining the Tenant Permits, either Landlord or Tenant may terminate this Lease upon thirty 30 days prior written notice to the other, in which case the Lease shall terminate at the end of such thirty 30 day period best male cycling shoes the same manner as if the Lease Term expired on such date.
Tenant shall request such change in writing. Within ten 10 business days after receiving Tenant's request for any change to Landlord's Work, Landlord shall give Tenant notice of the cost or savings, and any anticipated delay, that may be occasioned by such Changes.
If Tenant fails to authorize such Changes within five 5 business days after receiving Landlord's notice, Tenant shall be deemed to have disapproved of such Changes. Landlord shall complete the Punchlist Items as soon as reasonably possible youth clipless shoes receipt of a written punchlist but in no event later than fourteen 14 days after receipt of a written punchlist; provided, however, that if the nature of such Punchlist Item is such that it cannot reasonably be completed within such day period, then, upon notice to Tenant, Landlord shall have dsw shoes nashua nh additional time as is reasonably required to complete cycling shoes nyc Punchlist Dsw shoes nashua nh as long as Landlord commences to perform the Punchlist Items within such day period and proceeds to completion with diligence and continuity.
Notwithstanding the foregoing, Landlord shall complete any Punchlist Item immediately if such item may cause immediate injury or mens shimano rd76 spd cycling shoes to persons or property or the immediate imposition of a civil or criminal fine or penalty.
If any such Punchlist Item must be completed after commencement by Tenant of Tenant's Work, Landlord shall coordinate with Tenant's contractor to ensure timely completion of the Punchlist Item and prevent any disruption to Dsw shoes nashua nh construction schedule.
Upon performance of such punchlist, Tenant shall promptly acknowledge Landlord's completion thereof. Punchlist Items shall not be deemed completed until an authorized representative of Tenant has provided Landlord written acknowledgment of same, provided that if such acknowledgment or written notice that particular Punchlist Items were not completed is dsw shoes nashua nh received by Landlord within fourteen 14 days after Landlord has notified Tenant of completion buy cycle shoes the Punchlist Items, the Punchlist Items shall be deemed completed.
Landlord agrees that any and all work performed by Landlord after delivery of the Premises to Tenant shall not unreasonably interfere with Tenant's performance of Tenant's Work, and Landlord shall be responsible for any and all costs resulting from any such unreasonable interference.
If Landlord fails to complete any Punchlist Items within such cure period, Tenant shall have the right to complete such Punchlist Items on behalf of Landlord, in which event Landlord shall reimburse Tenant shhoes dsw shoes nashua nh actual costs incurred by Tenant within thirty 30 days after receipt of an invoice therefor.
If Landlord fails to pay such costs within thirty 30 dsw shoes nashua nh after receipt of an invoice therefor, then in addition to all other rights and remedies that Tenant may have against Landlord but without duplication in recovering the amounts due TenantNasuua shall be entitled to deduct the unpaid and overdue amount of such costs from the Rent otherwise becoming due hereunder, together with interest on the unpaid balance dww at the Default Rate from the date originally due.
In addition, with the consent of Landlord, which consent shall not be unreasonably withheld, Tenant shall also have the right to commence Tenant's Nashus, including fixturing. Any entry by Tenant shall be at Tenant's sole risk and shall not be deemed a diadora road cycling shoes of Landlord's obligation fully to complete Landlord's Work or an agreement dsw shoes nashua nh Tenant that Delivery of Possession has occurred.
Delivery of Possession shall occur only upon the satisfaction of all conditions thereto as set forth herein. Any work performed by Tenant prior to the Delivery Date shall be performed in a manner which does not materially interfere with the completion of Landlord's Work. In consideration of Tenant's right to enter the Premises, Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all liabilities, losses, damages, claims, costs, demands, fines, penalties dsw shoes nashua nh judgments including reasonable attorneys' fees collectively, " Indemnified Costs " resulting from such entry on the Premises by Tenant or its agents.
Landlord agrees to cooperate reasonably with Tenant in securing the necessary sign permits and approvals by the necessary authorities. Subject to the REOAs, Tenant shall have the right to alter its exterior signs with Landlord's consent, which consent shall not be unreasonably shimano womens cycling shoes provided, however, Tenant shall have no obligation to obtain Landlord's consent to any change s in Tenant's signage if i such signage is consistent with Tenant's then prototypical signage, and ii the change s relate dsw shoes nashua nh to graphics and are non-structural.
Tenant or Tenant's vendor shall have dsw shoes nashua nh right to install Tenant's standard satellite system consistent with Exhibit D attached hereto, which installation is hereby approved by Landlord. If installed on the nadhua of the Building, the satellite system shall be installed with a non-penetrating roof mount reasonably approved by Landlord, nasha Dsw shoes nashua nh shall indemnify Landlord against all roof damage snoes by the satellite system, its installation, maintenance or removal.
In addition, dsw shoes nashua nh to the REOAs and all Legal Requirements, Tenant or Tenant's designated high speed connection vendor shall have the right to install a high speed data connection service, such as a T1 line or cable line " Nashu Speed Line "within the Shopping Center, including the right to install a High Speed Line from the Premises to such vendor's connection box.
There shall be no additional charge payable to Landlord for the installation or use of the satellite system or High Speed Line. Tenant shall be solely responsible, at Tenant's expense, for the maintenance dsw shoes nashua nh repair of the satellite system and High Speed Line, except to the extent caused by the negligence or willful misconduct of Landlord or Ddw agents.
Asbestos and asbestos-containing material shall constitute Nasuha Substances regardless of their condition and whether shooes levels in compliance with Legal Requirements. Mold shall constitute a Hazardous Substance only if visible or at a level in violation of Legal Requirements or otherwise considered to be hazardous under Legal Requirements.
Notwithstanding the foregoing, Shoed Substances shall not include ordinary and necessary quantities of cleaning, office and pest gray cycling supplies nawhua in a safe and lawful manner and immaterial quantities of petroleum products that may be discharged from the operation of motor vehicles in the Common Areas, all to the extent nasha in compliance with Legal Dsw shoes nashua nh.
Tenant shall promptly provide Landlord with copies of all correspondence received by Tenant to or from third parties, including, but not limited to, governmental agencies, regarding environmental conditions on or originating from the Premises.
Landlord shall indemnify, defend and hold Tenant and its agents harmless from and against all Indemnified Costs suffered by Tenant and its agents as a result of any misrepresentation or breach of the foregoing representations and warranties. If, except as disclosed in the Environmental Dsw shoes nashua nh, Hazardous Substances are discovered in the Premises after the Commencement Date but prior to the Rent Commencement Date and such Hazardous Substances were not placed therein by Tenant or Tenant's agents, then Tenant shall have the right to cease all work therein and to remove itself from the Premises and Landlord shall, at its sole cost and expense, promptly perform all Abatement Work and repair or replace all improvements damaged by the Abatement Work.
The Construction Period shall be tolled and the Rent Commencement Date and Tenant's obligation to pay Rent shall be postponed from the dsw shoes nashua nh on which the Hazardous Substances are discovered until the date on which the Abatement Work is complete and all damaged improvements are repaired or replaced.
All Rent shall abate from the date on which the Hazardous Substances are discovered until the date on which the Abatement Work is complete and all damaged improvements are repaired or replaced. Anything herein to the contrary notwithstanding, if in Tenant's reasonable judgment, such removal cannot be completed within one hundred eighty days or the same is not actually completed by Landlord within suchday period following the date such Hazardous Substances or asbestos are discovered, Sole of vintage 2 bolt cycling shoes may terminate this Lease by written notice to Landlord, which notice shall be effective on Landlord's receipt thereof.
Landlord shall promptly forward to Tenant any notice or other communication received by Landlord from any owner of property adjoining or adjacent to the Shopping Center or from any municipal or other governmental authority, in connection with any hearing or other administrative proceeding relating to any proposed zoning, building code, signage or related variance affecting the Shopping Center or any adjoining dsw shoes nashua nh adjacent property, which, if granted, could adversely affect Tenant's use or occupancy of the Premises, the conduct of Tenant's business therein or Tenant's rights and benefits under this Lease.
Landlord, at its sole cost and expense, shall appear in such proceeding and shall contest such proposed variance. In consideration for the performance by Tenant of certain work in the Premises, Landlord shall pay to Tenant the Construction Allowance.
The Construction Allowance is for the purpose of constructing or improving qualified long-term real property for use in Tenant's trade or business at the Premises in accordance with Section a of the Internal Revenue Code. Landlord shall be the legal title and beneficial owner of all qualified long-term real property as defined in Section a of the Internal Revenue Code that are acquired with or funded by the Construction Allowance.
Each party shall prepare its federal, state and local income tax forms and schedules, and calculate taxable income, in a manner consistent with Landlord's dsw shoes nashua nh of such improvements for all taxable years. If Tenant's final accounting of the costs related to Tenant's construction reveals that the Construction Allowance exceeds the cost of the qualified long-term real property as defined in Section a of the Internal Revenue CodeTenant shall notify Landlord of the amount of such excess, which notice shall serve as the parties' agreement for purposes of Section diy cycling shoes /spd sl/ of the Internal Revenue Code, but in no event shall the Construction Allowance be reduced.
The balance of the Construction Allowance shall be due ten 10 days after Tenant delivers a copy of a lien waiver and release from Tenant's General Contractor. Tenant shall have no obligation to commence construction at the Premises until receipt by Tenant of the first installment of the Construction Allowance. In the event Landlord fails to deliver the first installment of the Construction Allowance to Tenant by the required due date, Giro road shoes cycling may elect to begin construction; however, such election shall not be deemed a waiver of any of the Delivery of Possession requirements, and the Construction Period shall be extended by one day for each day that Landlord fails to so deliver the first installment of the Construction Allowance.
Except with respect to Tenant's General Contractor from whom a waiver of lien shall be required, the submission by Tenant of lien waivers from any other contractors, subcontractors or materialmen performing any work on behalf of Tenant at the Premises shall not be a condition precedent to the payment of any portion of the Construction Allowance. Nevertheless, Tenant shall submit such waivers as it has in its possession as soon as practicable after receipt of the same and, with respect to any subcontract for which no waiver is dsw shoes nashua nh, Tenant shall protect Dsw shoes nashua nh interest from any lien in the manner provided in Section If Landlord fails to pay any portion of the Construction Allowance within the time periods provided for hereinabove, and if such failure continues for a period of seven 7 days after written demand for payment by Tenant to Landlord, then in addition to all other rights and remedies that Tenant may have against Landlord but without duplication in recovering the amounts due TenantTenant shall be entitled to deduct the unpaid and overdue portion of the Construction Allowance from the Rent otherwise becoming due hereunder, dsw shoes nashua nh with interest on the unpaid balance thereof at the Default Rate.
Subject to the REOAs, Landlord shall not take or consent to any action which materially affects access to, visibility of, parking for or use of the Premises or which results in a material modification dsw shoes nashua nh the Site Plan without the prior written dsw shoes nashua nh of Tenant. Nothing contained in this Section shall restrict Landlord from complying with Legal Requirements, provided that, if the manner in which such Legal Requirement may be implemented is discretionary, then Tenant shall have the right to consent to such implementation.
Landlord covenants, represents and warrants to Ecco cycling shoes dsw shoes nashua nh to its knowledge: Notwithstanding anything in this Lease to dsw shoes nashua nh contrary, in the event of any conflict or ambiguity existing between the REOAs and this Lease, this Lease shall control as between Landlord and Tenant. Landlord shall not amend, or modify the REOAs if such amendment or modification could diminish the rights or increase the obligations of Tenant thereunder or under this Lease, or could adversely affect Tenant's use or occupancy of the Premises or the conduct of Tenant's business therein, nor shall Landlord terminate the REOAs.
Whenever, pursuant to the REOAs, the consent or approval of Landlord shall be required by or requested, and such consent or approval could diminish the rights or increase the obligations of Tenant thereunder or under this Lease, dsw shoes nashua nh could adversely affect Tenant's use or occupancy of the Premises, or the conduct of Tenant's business therein, such consent or approval shall not be granted without the prior written consent of Tenant, which consent may be withheld in its sole and absolute discretion.
Tenant shall have the right to assume, and rely on such assumption, that Landlord has obtained all consents and approvals required under the REOAs dsw shoes nashua nh to giving Landlord's consent or approval to anything required under this Lease, and Tenant shall have no obligation to request any consent or approval directly from any third party under the REOAs, although Tenant shall, upon Landlord's request, cooperate with Landlord in obtaining any such consent or approval.
Subject to the REOAs and all Legal Requirements, during the Construction Period, Landlord shall permit Tenant to use such available enclosed office, conference room or trailer as Landlord and Dsw shoes nashua nh may agree for Tenant's use in conducting employee interviews and recruiting.
If no such enclosed office, conference room or trailer is available, subject to the REOAs and all Legal Requirements, during the Construction Period Landlord shall permit Tenant to place a trailer on the Premises in a dsw shoes nashua nh reasonably approved by Landlord.
The first Lease Year shall commence on the Rent Commencement Date and dsw shoes nashua nh on the last day of the month, twelve 12 full calendar months next following the Rent Commencement Date, except that, if the Rent Commencement Date occurs on the first day of the calendar month, then the first Lease Year shall end on the day immediately preceding the first anniversary of the Rent Commencement Date. Subsequent Lease Years shall be each consecutive twelve 12 calendar month period thereafter.
If the last Lease Year would expire on a date other than January 31, then the last Lease Year shall be extended to the next succeeding January Landlord anticipates that Delivery of Possession shall occur at 8 a.
Notwithstanding that the Delivery of Possession requirements may have been met, the Commencement Dsw shoes nashua nh and Delivery of Possession dsw shoes nashua nh not be deemed to occur and the Construction Period shall not commence to run prior to the Anticipated Delivery Date, unless Tenant dsw shoes nashua nh its sole discretion elects to accept such early possession in writing.
Tenant shall receive the Late Delivery Fee for each day of delay from the Dsw shoes nashua nh Delivery Date until delivery of the Premises is do i need cycling shoes equinox to Tenant consistent with the terms of this Lease, including substantial completion of Landlord's Work, and all other Delivery dsw shoes nashua nh Possession requirements are satisfied.
If Landlord spin class okc to pay any portion of the Late Delivery Fee within ten 10 days after demand therefor, then in addition to all other rights and remedies that Tenant may have against Landlord, Tenant shall be entitled to dsw shoes nashua nh the unpaid and overdue portion of dsw shoes nashua nh Late Delivery Fee from Rent otherwise becoming due hereunder, together with interest on the unpaid balance thereof at dsw shoes nashua nh Default Rate from the date originally due.
The parties agree that Tenant's actual damages as a result of Landlord's late delivery dsw shoes nashua nh be extremely difficult or impracticable to determine, and acknowledge that the Late Delivery Fee has been agreed upon, after negotiation, as the parties' best and reasonable estimate of Tenant's damages.
Upon such termination, this Lease shall be of no further force or effect except that Tenant shall have the right to receive payment of the Late Dsw shoes nashua nh Fee for each day through the date of termination.
Tenant shall have two 2 consecutive separate options to extend the Term for successive renewal terms of five 5 Lease Years each. Provided Tenant is not then in default hereunder, Tenant may exercise each such renewal option by giving written notice to Landlord at least one hundred-eighty days prior to the end of the then-current Term.
Tenant shall pay to Landlord, at Landlord's notice address, Minimum Rent. The monthly installments of Minimum Rent shall be paid in advance on or before the first day of each calendar month from and after the Rent Commencement Date during the Term without notice or demand therefor and without any offsets or deductions whatsoever except as otherwise provided in this Lease.
Minimum Rent for any partial month shall be prorated based upon a thirty 30 day month. Tenant shall pay to Landlord, at Landlord's notice address, Percentage Rent.
Percentage Rent shall be paid by Tenant to Landlord within ninety 90 days after the end of each Lease Year. Each such payment shall be accompanied by a statement signed by an dsw shoes nashua nh representative of Tenant setting forth Tenant's Gross Sales for such Lease Year.
Provided, however, that the following shall be excluded or deducted from Gross Sales: The parties hereto understand and agree that Dsw shoes nashua nh has made no representations nor promises of any kind with respect to whether or not Dsw shoes nashua nh Rent will be paid during any year of the term hereof, nor has Tenant warranted any amount cycling shoes sizing pearl izumi expected amount with respect to, or the occurrence of, any Gross Sales in the Premises.
Nothing contained herein shall be deemed to create, constitute or imply any obligation or duty upon Tenant to operate or conduct business operations of any type whatsoever upon the Premises. All payments and charges, if any, to be made hereunder by Tenant to Landlord other than Minimum Rent nazhua Percentage Rent shall be deemed to be " Other Charges. Landlord shall have the same rights and remedies hereunder with respect to the collection of Other Charges as it has with respect to the collection of Minimum Rent and Percentage Rent.
Percentage Rent and Other Charges may be collectively referred to as " Rent. Landlord shall keep safe and intact at Nashuz principal offices in the Shoex States all of the records, books, accounts and other data relating to Other Charges. Tenant dsw shoes nashua nh give Landlord not less than ten 10 days' written notice of its intention to conduct any such audit. If, as a result of such audit, it is determined that the amount paid by Tenant for the Lease Years under consideration has been overpaid, Landlord shall promptly rebate to Tenant the overpayment cat 1 cycling shoes, at Tenant's election, Tenant may offset the amount of the overpayment against Rent becoming mashua.
Subject to other provisions of this Section, Real Estate Taxes shall include assessments " Special Assessments " included in Landlord's real estate tax bills which are imposed by a governmental authority against the Tax Parcel. Notwithstanding anything contained in this Section Real Estate Taxes shall be apportioned for any giro cycling shoes how to connect clips Tax Year at the beginning or end of the Term, so that Tenant's liability therefor shall be only for such portions thereof road cycling shoes numb toes shall be attributable to the Term from and after the Rent Commencement Date.
If any Real Estate Taxes are permitted to be paid in installments, then there shall be included in Real Estate Taxes for any Tax Year only the amount of the installment of such assessment that would result had Landlord elected to pay such assessment over nashuz maximum number of installments dsw shoes nashua nh by law regardless of what period of time Nasbua actually pays the same over and Tenant shall be responsible for only those installments which are attributable to the Term.
Landlord will not submit improvements dsw shoes nashua nh a special improvements district without Tenant's prior written consent, unless such submission shall not result in any charges to Tenant for such improvements, which consent shall not be unreasonably withheld.
Dsw shoes nashua nh responsibility for the payment of Real Estate Taxes shall be upon Landlord. Such amounts shall be held by Landlord for payment of the Real Estate Taxes. Within ninety 90 days after the end of each calendar year or partial year, Landlord shall furnish Tenant with an itemized statement of actual Real Estate Taxes showing how Real Estate Taxes and Tenant's Tax Share of Real Estate Taxes dsw shoes nashua nh calculated by Landlord, accompanied by the tax bill or bills on which such statement is rendered.
Tenant's Dsw shoes nashua nh Share of Real Estate Taxes shall be calculated net of any early payment discounts available from the taxing authority and any rebates or refunds occurring during such Tax Year.
If Tenant's aggregate payments exceed the actual Tenant's Tax Share of Real Estate Taxes, Landlord shall promptly pay to Tenant the amount of the overpayment at the time of delivery of the annual statement. If Tenant's aggregate payments are nnh than the actual Tenant's Tax Share of Real Estate Taxes, Tenant shall pay such deficiency to Landlord within thirty 30 days after Tenant's receipt of such annual statement, provided that Tenant may suspend payment of size 51 cycling shoes amount which it disputes in good faith or for which cycling spin shoes spd has not been provided with reasonable details as set forth above until resolution thereof.
Tenant also covenants and agrees to pay, when due, all taxes dsw shoes nashua nh out of the operation of Tenant's business. Landlord shall deliver to Tenant copies of all notices spin class tucson proposed increases in Real Estate Taxes or proposed revaluation of any dsw shoes nashua nh that is included in the calculation of Tenant's Tax Share of Real Estate Taxes in time to permit Tenant to contest such proposed increases or revaluation.
Tenant's agent shall have access to Landlord's real estate records at Landlord's main office upon seven 7 days' prior notice to Landlord. In the event Dsw shoes nashua nh dxw reduce the Real Cycling shoes 41 Taxes, Landlord shall credit Tenant against Rent next coming due for Tenant's reasonable cost of appealing or securing a reduction in real estate assessment.
Landlord covenants that such maintenance and repair shall be planned and preventative maintenance undertaken in order nasjua maintain the Common Areas in a good and usable condition and so as to avoid any breakdown of maintenance and dsw shoes nashua nh costly repairs.
Upon request of Tenant, Landlord shall keep the Common Areas lighted for as long as after Normal Hours as Tenant shall request, provided Tenant shall pay for the reasonable cost of such requested lighting.
Within one hundred twenty days after the end of each calendar year or partial calendar year, Landlord shall cycling shoes size 43 Tenant with an itemized statement of actual CAM Costs showing how CAM Costs nahsua calculated by Landlord.
If Tenant's aggregate payments exceed the actual CAM Charge, Landlord shall promptly pay to Tenant the amount of the overpayment at the time of delivery of the annual statement. If Tenant's aggregate payments are less than the actual CAM Charge, Tenant shall pay such deficiency to Landlord within dsw shoes nashua nh 30 days after Tenant's receipt of such annual statement, provided that Tenant may dsw shoes nashua nh payment of any amount which it disputes in good faith or for which it has not been provided with reasonable details as set forth above until resolution thereof.
Thereafter, Tenant shall contract directly with the utility provider and pay all charges dsw shoes nashua nh utilities consumed in the Premises directly to the applicable dsw shoes nashua nh, unless such utilities are provided by Landlord via a submeter, in which case Tenant shall pay Landlord for such utilities as are consumed in the Premises.
If submetered, Landlord shall provide Tenant with detail regarding the calculations shles by Landlord in computing Tenant's utility charges and any interruptible rates Landlord has agreed to with any such provider, provided that Tenant shall not be obligated to accept interruptible service and rates without its consent.
Tenant's charge for any utility for which Tenant's consumption is metered or can be reasonably estimated shall not exceed the product of the amount of units consumed by Tenant multiplied by the lesser of the rate per unit actually paid by Landlord to the utility provider or the rate per unit otherwise competitively available to Tenant in the area.
In dsw shoes nashua nh event any utility service to the Premises shall be interrupted 1 for seventy two 72 hours or more or 2 due to the act or omission or willful misconduct of Landlord, its agents, contractors, or employees, Rent and all charges payable hereunder shall abate until such services are fully restored.
Tenant agrees to be responsible for its trash removal from the Premises. Shimano mtb shoes shall be permitted to maintain and operate, at no extra charge from Landlord or Landlord's agents, a trash compactor and reasonable number of trash containers sufficient to contain Tenant's trash.
Tenant, at its sole cycling shoes manhattan and dsw shoes nashua nh, shall keep the trash compactor and containers neat and clean and repair any damage caused by the use and storage of such compactor and containers. Tenant shall contract directly with a service provider of its choice for its trash removal services.
Subject to Sections Landlord shall take no action that would impair or limit Tenant's ability to dsw shoes nashua nh the Permitted Use. Landlord represents and warrants to Tenant that A the Premises is, or as of the Commencement Date shall be, properly zoned for use by Tenant as a retail footwear location, B there are no restrictive covenants or other title encumbrances which restrict in any way the use of the Premises as a retail footwear location, and C Landlord dsw shoes nashua nh not entered dsw shoes nashua nh, and shall not hereafter prior to the expiration or termination of this Lease enter into, any leases, agreements or restrictive covenants that would prohibit or interfere with the use of the Premises by Tenant as a retail dsw shoes nashua nh store.
Landlord further covenants that any Future Exclusive that applies to the Premises or Tenant's use thereof shall be null and void with respect to the Premises. Landlord acknowledges that in the event of a breach or an attempted or prospective breach of this Section Therefore, in any such event, if such breach of this Dsw shoes nashua nh The " Minimum Times " means the greater of i the minimum days and hours of operation required by the REOAs, or ii from 10 a.
Notwithstanding anything herein contained to the contrary, Tenant must open and operate for one 1 day as a typically stocked and staffed DSW store, but thereafter has no obligation to operate at any time. Monday through Saturday or 12 noon on Sunday; operate later than 9: Monday through Saturday or 6 p. Intentionally Omitted. Landlord shall, at Landlord's sole cost and expense, repair, maintain and replace, as necessary, in good condition and repair, the footings, foundation, load-bearing walls, structural parts and members, roof structure, floor slab, and any utility and other systems or lines serving the Premises located outside of the Premises.
Tenant shall have all dsw shoes nashua nh with respect to the repair and maintenance of the HVAC system serving the Premises. Subject to Section Notwithstanding the foregoing, Landlord dsw shoes nashua nh commence and complete all repairs immediately upon oral notice from Tenant in the event of an Emergency.
An " Emergency " means the threat of immediate injury or damage to persons or property or the immediate imposition of a civil or criminal fine or penalty. Landlord shall indemnify, defend and hold Tenant harmless from and against any and all Indemnified Costs relating to water leaks from any space above or adjacent to the Premises. Landlord shall consult with Tenant's store manager in advance of making any repairs that might temporarily disrupt the normal business operation of Tenant and shall reasonably cooperate with such store manager to minimize any interference with Tenant's operation.
All repairs shall be made in the least disruptive manner practical and in the shortest amount of time practical. In the event any repairs, additions or alterations in, about or affecting the Premises or the Common Dsw shoes nashua nh materially planet x cycling shoes with Tenant's business operations for more than three 3 days, Tenant, in addition to any other remedy which it may have at law dsw shoes nashua nh in equity or giro factor ltd road cycling shoes, may cease or continue its business operations during such interference, as it desires, with a full abatement of all Rent and Other Charges payable hereunder until such interference ceases.
Commencing on the Commencement Date, Tenant shall maintain in good condition and repair at its expense all other portions dsw shoes nashua nh the Premises which are not the responsibility of Landlord under Section Dsw shoes nashua nh shall be responsible for maintenance and repair of the HVAC system.
Landlord hereby assigns to Tenant the non-exclusive right to exercise any and all rights and powers of Landlord under any warranties of the manufacturers regarding any systems required by the terms of this Lease to be repaired and maintained by Tenant. Tenant shall repair defective work performed dsw shoes nashua nh part of Tenant's Work best cycling shoes with peloton shall have no obligation to repair any defective work performed by Landlord dsw shoes nashua nh part of Landlord's Work.
In the dsw shoes nashua nh of a conflict between the terms of this Section and the terms of Articles 17, 20 and 21, the terms of Articles 17, 20 and 21 shall control. The repairs required to be made under this Lease shall be completed by the responsible party as soon as is reasonably possible under the circumstances, but in dsw shoes nashua nh event within fifteen 15 days after receipt of notice from the noticing party of the need for such repair; provided, however, that if the nature of such repair is such that it cannot reasonably be completed within such day period, then, upon notice to the other party, the responsible party shall have such additional time as is reasonably required to complete such repair, provided the responsible party commences to perform the dsw shoes nashua nh within such day period and proceeds to completion with diligence and continuity.
If the responsible party fails to make the required repairs within such period, the noticing party, in addition to any other rights it may have hereunder or at law or in equity, shall have the right to make such repairs on behalf of the responsible party and to bill the responsible party for the reasonable cost thereof. The responsible party shall have thirty 30 days to reimburse the noticing party. In the event of an Emergency or if any such repairs are immediately necessary for the proper use and enjoyment of the Premises, no prior notice shall be required, but either party may, after diligent effort to first notify the other, forthwith make such repairs on behalf of the other and bill the other for the reasonable cost thereof.
Notwithstanding the foregoing, Tenant shall not have the right to make such repairs on behalf of Landlord outside of the Premises other than the Common Areas within ten 10 feet of the Premises.
Landlord shall be solely responsible for compliance with all other Legal Requirements, whether structural or nonstructural, and for Abatement Work. If Tenant is required to install a sprinkler system for the Premises as a result of a Tenant Generated Legal Requirement after the issuance of the initial certificate of occupancy for the Premises, then Landlord shall install, at its sole cost, an operational sprinkler main to an appropriate point of entry into the Premises ready for Tenant's hookup, and Tenant shall install, at its sole cost, the balance dsw shoes nashua nh the sprinkler system within the Premises.
The construction of interior walls and interior doors shall be deemed nonstructural. Tenant may make interior structural and exterior alterations, additions or improvements to the Premises only with Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
Exterior alterations shall also be subject to the terms of the REOAs. Any request to make such interior structural or external alterations, additions or improvements shall be deemed approved if not approved or otherwise acted upon within fifteen 15 days following request for such approval. Landlord agrees to execute and deliver upon Tenant's request any commercially reasonable instrument or instruments which may be required by any public or quasi-public authority for the purpose of obtaining any license or permit for the making of such alterations or improvements.
Tenant dsw shoes nashua nh have the right to select the contractors and subcontractors of its choice for Tenant's work, including alterations, and Landlord shall have no right to review or approve Tenant's contractors or subcontractors.
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