THEREOF, OR THE INTERFERENCE WITH SUCH USE BY ANY
PERSON
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OR BY REASON OF EVICTION BY PARAMOUNT TITLE; (C) ANY CLAIM WHICH TENANT MAY HAVE
AGAINST LANDLORD BY REASON OF ANY DEFAULT (OTHER THAN A MONETARY DEFAULT) OR
BREACH OF ANY WARRANTY BY LANDLORD UNDER THIS AGREEMENT OR ANY OTHER AGREEMENT
BETWEEN LANDLORD AND TENANT, OR TO WHICH LANDLORD AND TENANT ARE PARTIES; (D)
ANY BANKRUPTCY, INSOLVENCY, REORGANIZATION, COMPOSITION, READJUSTMENT,
LIQUIDATION, DISSOLUTION, WINDING UP OR OTHER PROCEEDINGS AFFECTING LANDLORD OR
ANY ASSIGNEE OR TRANSFEREE OF LANDLORD; OR (E) FOR ANY OTHER CAUSE WHETHER
SIMILAR OR DISSIMILAR TO ANY OF THE FOREGOING (OTHER THAN A MONETARY DEFAULT BY
LANDLORD).
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, TENANT
HEREBY WAIVES ALL RIGHTS ARISING FROM ANY OCCURRENCE WHATSOEVER, WHICH MAY NOW
OR HEREAFTER BE CONFERRED UPON IT BY LAW (A) TO MODIFY, SURRENDER OR TERMINATE
THIS AGREEMENT OR QUIT OR SURRENDER THE LEASED PROPERTY, OR ANY PORTION THEREOF,
OR (B) WHICH WOULD ENTITLE TENANT TO ANY ABATEMENT, REDUCTION, SUSPENSION OR
DEFERMENT OF THE RENT OR OTHER SUMS PAYABLE OR OTHER OBLIGATIONS TO BE PERFORMED
BY TENANT HEREUNDER.
THE OBLIGATIONS OF TENANT HEREUNDER SHALL BE SEPARATE AND
INDEPENDENT COVENANTS AND AGREEMENTS, AND THE RENT AND ALL OTHER SUMS PAYABLE BY
TENANT HEREUNDER SHALL CONTINUE TO BE PAYABLE IN ALL EVENTS UNLESS THE
OBLIGATIONS TO PAY THE SAME SHALL BE TERMINATED PURSUANT TO THE EXPRESS
PROVISIONS OF THIS AGREEMENT.
ARTICLE 4
USE OF THE LEASED PROPERTY
4.1
PERMITTED USE.
4.1.1
PERMITTED USE.
(A)
TENANT SHALL, AT ALL TIMES DURING THE TERM, AND AT ANY OTHER TIME
THAT TENANT SHALL BE IN POSSESSION OF ANY PROPERTY, CONTINUOUSLY USE AND
OPERATE, OR CAUSE TO BE USED AND OPERATED, SUCH PROPERTY AS A TRAVEL CENTER, AS
CURRENTLY OPERATED, AND ANY USES INCIDENTAL THERETO.
TENANT SHALL OPERATE THE
TRAVEL CENTERS UNDER THE NAMES TRAVEL CENTERS OF AMERICA, GOASIS OR PETRO, OR
SUCH OTHER NAME AS TA SHALL USE FOR THE TRAVEL CENTER LOCATIONS OPERATED BY IT
AND ITS AFFILIATED PERSONS.
TENANT SHALL NOT USE (AND SHALL NOT PERMIT ANY
PERSON TO USE) ANY PROPERTY, OR ANY PORTION THEREOF, FOR ANY OTHER USE WITHOUT
THE PRIOR WRITTEN CONSENT OF LANDLORD, WHICH APPROVAL SHALL NOT BE UNREASONABLY
WITHHELD, DELAYED OR CONDITIONED.
NO USE SHALL BE MADE OR PERMITTED TO BE MADE
OF ANY PROPERTY
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AND NO ACTS SHALL BE DONE THEREON WHICH WILL CAUSE THE CANCELLATION OF ANY
INSURANCE POLICY COVERING SUCH PROPERTY OR ANY PART THEREOF (UNLESS ANOTHER
ADEQUATE POLICY IS AVAILABLE) OR WHICH WOULD CONSTITUTE A DEFAULT UNDER ANY
GROUND LEASE AFFECTING SUCH PROPERTY, NOR SHALL TENANT SELL OR OTHERWISE
PROVIDE, OR PERMIT TO BE KEPT, USED OR SOLD IN OR ABOUT ANY PROPERTY ANY ARTICLE
WHICH MAY BE PROHIBITED BY LAW OR BY THE STANDARD FORM OF FIRE INSURANCE
POLICIES, OR ANY OTHER INSURANCE POLICIES REQUIRED TO BE CARRIED HEREUNDER, OR
FIRE UNDERWRITER'S REGULATIONS.
TENANT SHALL, AT ITS SOLE COST (EXCEPT AS
EXPRESSLY PROVIDED IN SECTION 5.1.2(B)), COMPLY OR CAUSE TO BE COMPLIED