With no explanation, chose the best option from "A", "B", "C" or "D". is an implied covenant that neither party [to a contract] will do anything which will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract.” Horton, No. 05-0982, 2006 WL 1279044, at *3 (quoting 13 Richard A. Lord, Williston on CONTRACTS § 38:15, at- 437 (4th ed.1999)). The court further noted that: generally the implied covenant of good faith' and fair dealing operates upon an express condition of a contract, the occurrence of which is largely or exclusively within the control of one of the parties. Williston on Contracts § 38.15, at 435. The implied covenant requires the party in control to exercise their express discretion in a manner which avoids harm to the other party. See Warner v. Konover, 553 A.2d 1138, 1140-41 (Conn.1989) (<HOLDING>); c.f Retrofit Partners I, L.P. v. Lucas

A: recognizing a landlords duty for injuries sustained on leased premises where the landlord is aware that the premises are leased with intent to admit the public
B: holding language of lease did not indicate implied covenant of continued use
C: recognizing that the burden is on the landlord in a lease dispute to establish that the lease contract had been breached and that such breach entitled the landlord to the possession of the property in question
D: holding that where a commercial lease requires landlords consent before assigning the lease or subletting the leased premises implied covenant prohibited landlord from withholding consent unreasonably
D.