Conduct of Tenant. 5.01 Tenant agrees that Tenant and Tenant's permitted assignees or sub-lessees shall use the Leased Premises for the sole and exclusive purpose set forth in paragraph 1.07. The use of the Leased Premises shall also be in accordance with the ordinances and regulations of the municipality in which the Leased Premises is located. Without limitation of the foregoing, Tenant agrees that the Leased Premises will not be used for any purpose other than that provided above. Tenant agrees to comply with all rules and regulations, of which Tenant is given notice, reasonably established by Landlord for the governing of conduct of tenants in general in the Project. The current rules and regulations for tenants in the Project are set forth in Exhibit C. 5.02 Tenant agrees that Tenant will not keep, use, sell or offer for sale in or upon the Leased Premises any article which may be prohibited by the standard form of fire insurance policy. Tenant agrees to pay any increase in premiums for fire and extended and/or all risk coverage insurance that may be charged during the Term of this Lease on the amount of such insurance which may be carried by Landlord on the Project, resulting from the type of equipment, merchandise or services used by Tenant in the Leased Premises, whether or not Landlord has consented to the same. In determining whether increased premiums are the result of Tenant's use of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up the fire insurance rate on the Leased Premises and the Project. 5.03 Tenant shall not commit or suffer to be committed any waste upon the Leased Premises or Project or any nuisance or other act or thing which may materially and unreasonably disturb the quiet enjoyment of any other tenant in the Project. 5.04 Tenant shall, at Tenant's sole cost and expense, comply with all of the requirements of all county, municipal, state, federal and other applicable governmental authorities, now in force or which may hereafter be in force and not being reasonably disputed by Tenant, pertaining to the Tenant's use of the Leased Premises or any act therein by Tenant. Tenant shall faithfully observe in the use of the Leased Premises all federal, state, county and municipal laws, ordinances and regulations now in force or which may hereafter be in force not being reasonably disputed by Tenant, excepting any structural changes required by such authorities which are not caused by the act or neglect of the Tenant or by Tenant's specific use of the Leased Premises. Specific reference is made to Tenant's duty to comply with all state, federal and local laws concerning environmental protection and Tenant's conduct at the Project. Tenant agrees to indemnify Landlord against any cost and expense which Landlord may suffer by reason of Tenant's failure to comply with the laws governing its conduct at the Project, including all laws concerning environmental protection. Tenant shall undertake no acts which would result in the Leased Premises being defined as an "Establishment" under the environmental laws of the State of Connecticut. Landlord represents that to the best of Landlord's knowledge, as of the date of this Lease, the Project is not polluted by any hazardous waste, asbestos, PCBs, or other hazardous materials, and the Project complies with all laws, including environmental laws affecting it. During the Term of this Lease, Landlord shall comply with all laws, including environmental laws, affecting Landlord's conduct at the Project. 5.05 Tenant will not place or maintain, or cause to be placed or maintained, on any portion of the Project exterior to the Leased Premises or any portion of the Project (including the Leased Premises) visible from the exterior of the Leased Premises, any sign or advertising matter without Landlord's written consent. Tenant shall not place any object on any portion of the Project exterior to the Leased Premises without Landlord's written consent. Tenant shall not install or maintain any window treatment without the prior written consent of Landlord. Notwithstanding the foregoing, Landlord will consent to a tenant listing or listings in the Building directory sign in the lobby, a listing or listings on any floor directory sign near the elevator bank at Tenant's floor, and a sign on or outside of the entrance door to the Leased Premises, provided that the size and type of sign is reasonably acceptable to Landlord. 5.06 Tenant agrees to keep the Leased Premises in a clean and sanitary condition, in a manner reasonable and customary for similar businesses, and free from trash, inflammable material and other objectionable matter and to make all non-structural interior repairs other than to Landlord's mechanical systems, reasonable wear and tear and obsolescence and casualty damage required to be insured by Landlord under the terms of this Lease excepted. Tenant shall maintain all equipment installed by Tenant at Tenant's own cost and expense. Tenant shall not make any Building alteration or addition to the Leased Premises without Landlord's consent, which shall not be unreasonably withheld. 5.07 If Tenant refuses or neglects to perform any item of maintenance or repair which is Tenant's responsibility within a reasonable time, Landlord may make such repairs, and upon completion thereof, Tenant shall pay Landlord's cost for making such repairs upon presentation of an invoice therefor, as Additional Rent, which shall include interest from the date of such repairs at the same rate as that due for overdue rental payments. In the case of a repair which is not an emergency repair, Landlord shall not exercise Landlord's right to make the repair unless Tenant has not commenced the repair within ten days after written demand from Landlord and proceeds to complete same with diligence. 5.08 Tenant shall promptly pay all contractors and materialmen hired by Tenant to furnish any labor or materials which may give rise to the filing of a mechanic's lien against the Project attributable to contracts entered into by the Tenant. Should any such lien be made or filed, Tenant shall cause same to be discharged as a lien against the Project within the sooner of [i] thirty days after Tenant receives notice of such lien or [ii] thirty days after request by Landlord to remove such lien. If a bond is posted and the lien is released and discharged as a lien on the Project, then such discharge by bonding shall satisfy Tenant's obligations under this paragraph as to the removal of said lien, and Tenant shall thereafter not be obligated by the terms of this Lease to pay or compromise the claim which gave rise to the lien. Notwithstanding any notice and grace period before default elsewhere set forth in this Lease, if Tenant shall fail to discharge such lien within the time period set forth in this paragraph above, and shall further fail to discharge such lien within ten more business days after notice of failure to discharge the lien is given from Landlord, then Tenant shall be in material default of the Lease, without any further notice or grace period.
Appears in 1 contract
Sources: Lease Agreement (Information Management Associates Inc)
Conduct of Tenant. 5.01 Tenant agrees (i) Landlord acknowledges that Tenant and Tenant's permitted assignees or sub-lessees shall use the Leased Premises for the sole and exclusive purpose set forth in paragraph 1.07. The ’s use of the Leased Premises shall also be in accordance with Premise involves the ordinances and regulations use of certain Hazardous Materials, the municipality in which the Leased Premises is located. Without limitation of the foregoing, Tenant agrees that the Leased Premises will not be used for any purpose other than that provided above. Tenant agrees to comply with all rules and regulations, usage of which Tenant is given notice, reasonably established by Landlord for the governing of conduct of tenants in general in the Project. The current rules and regulations for tenants in the Project are set forth in Exhibit C.
5.02 Tenant agrees that Tenant will not keep, use, sell or offer for sale in or upon the Leased Premises any article which may shall be prohibited by the standard form of fire insurance policy. Tenant agrees to pay any increase in premiums for fire and extended and/or all risk coverage insurance that may be charged during the Term of this Lease on the amount of such insurance which may be carried by Landlord on the Project, resulting from the type of equipment, merchandise or services used by Tenant in the Leased Premises, whether or not Landlord has consented to the same. In determining whether increased premiums are the result of consistent with Tenant's ’s permitted use of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rate, shall be conclusive evidence Premises and all applicable Environmental Laws. Such materials used as of the several items date hereof include flux (a flammable substance), oils and charges which make up the fire insurance rate on the Leased Premises greases typical to manufacturing processes and the Project.
5.03 Tenant shall not commit or suffer a limited amount of solvents typical to be committed any waste upon the Leased Premises or Project or any nuisance or other act or thing which may materially and unreasonably disturb the quiet enjoyment of any other tenant in the Project.
5.04 manufacturing operations. Tenant shall, at Tenant's sole its own cost and expense, comply with all of the requirements of all county, municipal, state, federal and other applicable governmental authorities, now in force or which may hereafter be in force and not being reasonably disputed by Tenant, pertaining Environmental Laws relating to the use, transport, storage, treatment or disposal of such Hazardous Materials. Landlord acknowledges that it may in the future become necessary for Tenant to employ other or additional Hazardous Materials at the Premises in the ordinary course of Tenant's ’s business. Landlord shall consent to Tenant’s use of the Leased Premises or any act therein by Tenant. Tenant shall faithfully observe such Hazardous Materials in the use ordinary course of its business on the Leased Premises all federalupon notice to Landlord, state, county and municipal laws, ordinances and regulations now except in force or which may hereafter be in force not being reasonably disputed by Tenant, excepting any structural changes required by such authorities which the case of materials that are not caused by reasonably associated with the act or neglect of the Tenant or by Tenant's specific use of the Leased Premises. Specific reference is made uses allowed pursuant to Tenant's duty to comply with all state, federal and local laws concerning environmental protection and Tenant's conduct at the ProjectSection 3 above. Tenant agrees to indemnify provide Landlord against with a list of any additional Hazardous Materials which it will use on the Premises, along with a description of the nature of Tenant’s use of the Hazardous Materials, and an estimate of the quantity of the Hazardous Materials to be used by Tenant. The Hazardous Materials described above and as may be later approved shall be used and stored on the Premises only in quantities necessary for Tenant’s uses allowed pursuant to Section 3 and disposed of off the Premises in compliance with law.
(ii) Without limiting the generality of Section 22(A) above, Tenant shall (a) not dispose of any Hazardous Materials in dumpsters or trash containers on the Premises; (b) not discharge any Hazardous Materials into drains or sewers; (c) not cause or allow the release, discharge, emission or run-off of any Hazardous Materials to air, to surface waters, to the land, to ground water, whether directly or indirectly; (d) at Tenant’s own cost and expense which arrange for the lawful transportation and off-site disposal of any and all Hazardous Materials generated by Tenant; (e) provide secondary containment around all Hazardous Materials storage containers, storage facilities and above ground storage tanks; (f) comply with all reporting requirements under any local, state or federal ordinance, statute or regulation; (h) use only highly skilled people to address environmental issues associated with Tenant’s occupation of the Premises;
(iii) Tenant shall promptly provide Landlord may suffer by reason with copies of all communications, permits or agreements with any governmental authority or agency (federal, state or local) or any private entity relating in any way to the violation or alleged violation of any Environmental Laws or to any violation of Tenant's failure to comply with ’s obligations under subparagraph (i) above:
(iv) If the laws governing its conduct at the Projectpresence, including all laws concerning environmental protection. Tenant shall undertake no acts which would result release, threat of release, placement on or in the Leased Premises being defined as an "Establishment" under the environmental laws of the State of Connecticut. Landlord represents that to the best of Landlord's knowledge, as of the date of this Lease, the Project occurs or is not polluted by any hazardous waste, asbestos, PCBs, caused in whole or other hazardous materials, and the Project complies with all laws, including environmental laws affecting it. During in part during the Term of this Lease, Landlord shall comply with all lawsor the generation, including environmental lawstransportation, affecting Landlord's conduct storage, treatment, or disposal at the Project.
5.05 Tenant will not place Premises occurs or maintain, is caused in whole or cause to be placed or maintained, on any portion of in part during the Project exterior to the Leased Premises or any portion of the Project (including the Leased Premises) visible from the exterior of the Leased Premises, any sign or advertising matter without Landlord's written consent. Tenant shall not place any object on any portion of the Project exterior to the Leased Premises without Landlord's written consent. Tenant shall not install or maintain any window treatment without the prior written consent of Landlord. Notwithstanding the foregoing, Landlord will consent to a tenant listing or listings in the Building directory sign in the lobby, a listing or listings on any floor directory sign near the elevator bank at Tenant's floor, and a sign on or outside of the entrance door to the Leased Premises, provided that the size and type of sign is reasonably acceptable to Landlord.
5.06 Tenant agrees to keep the Leased Premises in a clean and sanitary condition, in a manner reasonable and customary for similar businesses, and free from trash, inflammable material and other objectionable matter and to make all non-structural interior repairs other than to Landlord's mechanical systems, reasonable wear and tear and obsolescence and casualty damage required to be insured by Landlord under the terms Term of this Lease excepted. Tenant shall maintain all equipment installed by Tenant at Tenant's own cost of any Hazardous Materials gives rise to liability (including, but not limited to, a response action, remedial action, or removal action) under any environmental laws or common law theory, including, but not limited to nuisance, strict liability, negligence and expense. Tenant shall not make any Building alteration or addition to the Leased Premises without Landlord's consent, which shall not be unreasonably withheld.
5.07 If Tenant refuses or neglects to perform any item of maintenance or repair which is Tenant's responsibility within a reasonable time, Landlord may make such repairs, and upon completion thereoftrespass, Tenant shall pay Landlord's cost for making promptly take any and all remedial and removal action necessary to clean up the Premises containing such repairs upon presentation of an invoice therefor, as Additional Rent, which shall include interest Hazardous Materials and mitigate exposure to liability arising from the date of such repairs at the same rate as that due for overdue rental payments. In the case of a repair which is Hazardous Material, whether or not an emergency repair, Landlord shall not exercise Landlord's right to make the repair unless Tenant has not commenced the repair within ten days after written demand from Landlord and proceeds to complete same with diligencerequired by law.
5.08 Tenant shall promptly pay all contractors and materialmen hired by Tenant to furnish any labor or materials which may give rise to the filing of a mechanic's lien against the Project attributable to contracts entered into by the Tenant. Should any such lien be made or filed, Tenant shall cause same to be discharged as a lien against the Project within the sooner of [i] thirty days after Tenant receives notice of such lien or [ii] thirty days after request by Landlord to remove such lien. If a bond is posted and the lien is released and discharged as a lien on the Project, then such discharge by bonding shall satisfy Tenant's obligations under this paragraph as to the removal of said lien, and Tenant shall thereafter not be obligated by the terms of this Lease to pay or compromise the claim which gave rise to the lien. Notwithstanding any notice and grace period before default elsewhere set forth in this Lease, if Tenant shall fail to discharge such lien within the time period set forth in this paragraph above, and shall further fail to discharge such lien within ten more business days after notice of failure to discharge the lien is given from Landlord, then Tenant shall be in material default of the Lease, without any further notice or grace period.
Appears in 1 contract
Sources: Lease Agreement (Bway Corp)
Conduct of Tenant. 5.01 Tenant agrees that Tenant and Tenant's permitted assignees or sub-sub- lessees shall use the Leased Premises for the sole and exclusive purpose set forth in paragraph 1.07the Data Section. The use of the Leased Premises shall also be in accordance with the ordinances and regulations of the municipality in which the Leased Premises is located. Unless the use set forth in the Data Section expressly provides otherwise, the use of the Leased Premises shall be limited to the operation of a general business office. Without limitation of the foregoing, Tenant agrees that the Leased Premises will not be used for any purpose other than that provided above. Tenant agrees to comply with all rules and regulations, of which Tenant is given notice, reasonably established by Landlord for the governing of conduct of tenants in general in the Project. The current rules and regulations for tenants in the Project are set forth in Exhibit C.
5.02 Tenant agrees that Tenant will not keep, use, sell or offer for sale in or upon the Leased Premises any article which may be prohibited by the standard form of fire insurance policy. Tenant agrees to pay any increase in premiums for fire and extended and/or all risk coverage insurance that may be charged during the Term of this Lease on the amount of such insurance which may be carried by Landlord on the Project, resulting from the type of equipment, merchandise or services used by Tenant in the Leased Premises, whether or not Landlord has consented to the same. In determining whether increased premiums are the result of Tenant's use of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up the fire insurance rate on the Leased Premises and the Project.
5.03 Tenant shall not commit or suffer to be committed any waste upon the Leased Premises or Project or any nuisance or other act or thing which may materially and unreasonably disturb the quiet enjoyment of any other tenant in the Project.
5.04 Tenant shall, at Tenant's sole cost and expense, comply with all of the requirements of all county, municipal, state, federal and other applicable governmental authorities, now in force or which may hereafter be in force and not being reasonably disputed by Tenant, pertaining to the Tenant's use of the Leased Premises or any act therein by TenantPremises. Tenant shall faithfully observe in the use of the Leased Premises all federal, state, county and municipal laws, ordinances and regulations now in force or which may hereafter be in force not being reasonably disputed by Tenant, excepting any structural changes required by such authorities which are not caused by the act or neglect of the Tenant or by Tenant's specific use of the Leased Premises. Specific reference references is made to Tenant's duty to comply with all state, federal and local laws concerning environmental protection and Tenant's conduct at the Project. Tenant shall not undertake any activity which would cause the Leased Premises to be classified as an "Establishment" under the Connecticut General Statutes. Tenant agrees to indemnify Landlord against any cost and expense which Landlord may suffer by reason of Tenant's failure to comply with the laws governing its conduct at the Project, including all laws concerning environmental protection. Tenant shall undertake no acts which would result in Landlord warrants that the Project and the Leased Premises being defined as an "Establishment" under the environmental shall comply with all applicable laws of the State of Connecticut. Landlord represents that to the best of Landlord's knowledgeaffecting their construction, as of the date of this LeaseTenant's occupancy, specific reference being made to building codes and environmental laws. Landlord further represents that the Project use of the Leased Premises as a general office is not polluted by any hazardous waste, asbestos, PCBs, or other hazardous materialspermitted under the zoning regulations of the Town of Wilton, and the Project complies with all laws, including environmental laws affecting it. During the Term of this Lease, Landlord Leased Premises shall comply with all laws, including environmental laws, applicable laws affecting Landlord's conduct at its use as a general office as of the Projectdate of occupancy.
5.05 Tenant will not place or maintain, or cause to be placed or maintained, on any portion of the Project exterior to the Leased Premises or any portion of the Project (including the Leased Premises) visible from the exterior of the Leased Premises, any sign or advertising matter without Landlord's written consent. Tenant shall not place any object on any portion of the Project exterior to the Leased Premises without Landlord's written consent. Landlord shall provide the Project with two monuments at the front of the Project, adjacent Danbury Road, one monument to be for signage to the effect of "TSI International Building" and the other monument to be for the address of the building and to contain the signage for other tenants of the building, the two monuments to be of equal size. Landlord shall not unreasonably withhold Landlord's consent to Tenant's design of the "TSI International Building" signage, but the same shall also be subject any required approval under the Wilton Zoning Regulations. Tenant shall not install or maintain any window treatment without the prior written consent of Landlord. Notwithstanding the foregoing, Landlord will consent to a tenant listing or listings in the Building directory sign in the lobby, a listing or listings on any floor directory sign near the elevator bank at Tenant's floor, and a sign on or outside of the entrance door to the Leased Premises, provided that the size and type of sign is reasonably acceptable to Landlord.
5.06 Tenant agrees to keep the Leased Premises in a clean and sanitary condition, in a manner reasonable and customary for similar businesses, condition and free from trash, inflammable material and other objectionable matter and to make all non-structural interior repairs other than to Landlord's electrical, plumbing and mechanical systems, reasonable wear and tear and obsolescence and casualty damage required to be insured by Landlord under the terms of this Lease excepted. Tenant shall maintain all equipment installed by Tenant at Tenant's own cost and expense. Tenant shall not make any Building building alteration or addition to the Leased Premises without Landlord's consent, which shall not be unreasonably withheld.
5.07 If Tenant refuses or neglects to perform any item of maintenance or repair which is Tenant's responsibility within a reasonable time, Landlord may make such repairsrepairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's cost for making such repairs upon presentation of an invoice therefor, as Additional Rent, which shall include interest from the date time payment of such repairs sums by Tenant is thirty days past due, at the same rate as that due for overdue rental payments. In the case of a repair which is not an emergency repair, Landlord shall not exercise Landlord's right to make the repair unless Tenant has not commenced the repair within ten days after written demand from Landlord and proceeds to complete same with diligence.
5.08 Tenant shall promptly pay all contractors and materialmen hired by Tenant to furnish any labor or materials which may give rise to the filing of a mechanic's lien against the Project attributable to contracts entered into by the Tenant. Should any such lien be made or filed, Tenant shall cause same to be discharged as a lien against the Project within the sooner of [(i] thirty ) forty-five days after Tenant receives notice of such lien or [(ii] thirty ) forty-five days after request by Landlord to remove such lien. If a bond is posted filed and the such lien is released and discharged as a lien on the Projectdischarged, then such discharge by bonding shall satisfy Tenant's obligations under this paragraph as to the removal of said lien, and Tenant shall thereafter not be obligated to discharge the lien by the terms of this Lease to pay or compromise the claim which gave rise to the lienpayment. Notwithstanding any notice and grace period before default elsewhere set forth in this Lease, if Tenant shall fail to discharge such lien within the time period set forth in this paragraph above, and shall further fail to discharge such lien within ten more business days after notice of failure to discharge the lien is given from Landlord, then Tenant shall be in material default of the Lease, without any further notice or grace period.
Appears in 1 contract
Conduct of Tenant. 5.01 Tenant agrees that Tenant and Tenant's permitted assignees or sub-lessees shall use the Leased Premises for any of the sole and exclusive purpose purposes set forth in paragraph 1.07the Data Section. The use of the Leased Premises shall also be in accordance with the ordinances and regulations of the municipality in which the Leased Premises is located. Without limitation of the foregoing, Tenant agrees that the Leased Premises will not be used for any purpose other than that provided above. Tenant agrees to comply with all rules and regulations, of which Tenant is given notice, reasonably established by Landlord for the governing of conduct of tenants in general in the Project. The current rules and regulations for tenants in the Project are set forth in Exhibit C.
5.02 Tenant agrees that Tenant will not keep, use, sell or offer for sale in or upon the Leased Premises any article which may be prohibited by the standard form of fire insurance policy. Tenant agrees to pay any increase in premiums for fire and extended and/or all risk coverage insurance that may be charged during the Term of this Lease on the amount of such insurance which may be carried by Landlord on the Project, resulting from the type of equipment, merchandise or services used by Tenant in the Leased Premises, whether or not Landlord has consented to the same. In determining whether increased premiums are the result of Tenant's use of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up the fire insurance rate on the Leased Premises and the Project.
5.03 Tenant shall not commit or suffer to be committed any waste upon to the Leased Premises or Project or any nuisance or other act or thing which may materially and unreasonably disturb the quiet enjoyment of any other tenant in the Project.
5.04 Tenant shall, at Tenant's sole cost and expense, comply with all of the requirements of all county, municipal, state, federal and other applicable governmental authorities, now in force or which may hereafter be in force and not being reasonably disputed by Tenant, pertaining to the Tenant's use of the Leased Premises or any act therein by Tenant. Tenant shall faithfully observe in the use of the Leased Premises all federal, state, county and municipal laws, ordinances and regulations now in force or which may hereafter be in force not being reasonably disputed by Tenant, excepting any structural changes required by such authorities which are not caused by the act or neglect of the Tenant or by Tenant's specific use of the Leased Premises. Specific reference is made to Tenant's duty to comply with all state, federal and local laws concerning environmental protection and Tenant's conduct at the Project. Tenant agrees to indemnify Landlord against any cost and expense which Landlord may suffer by reason of Tenant's failure to comply with the laws governing its conduct at the Project, including all laws concerning environmental protection. Tenant shall undertake no acts which would result in the Leased leased Premises being defined as an "Establishment" under the environmental laws of the State of Connecticut. Landlord represents that to the best of Landlord's knowledge, as of the date of this Lease, the Project is not polluted by any hazardous waste, asbestos, PCBs, or other hazardous materials, and the Project complies with all laws, including environmental laws affecting it. During the Term of this Lease, Landlord shall comply with all laws, including environmental laws, affecting Landlord's conduct at the Project.
5.05 Tenant will not place or maintain, or cause to be placed or maintained, on any portion of the Project exterior to the Leased Premises or any portion of the Project (including the Leased Premises) visible from the exterior of the Leased Premises, any sign or advertising matter without Landlord's written consent. Tenant shall not place any object on any portion of the Project exterior to the Leased Premises without Landlord's written consent. Tenant shall not install or maintain any window treatment without the prior written consent of Landlord. Notwithstanding the foregoing, Landlord will shall not unreasonably delay or withhold consent to a tenant listing or listings in the Building directory sign in the lobby, a listing or listings on any floor directory sign near the elevator bank at Tenant's floor, and a sign on or outside of the entrance door to the Leased Premises, provided that Premises and a listing on the size and type of sign is reasonably acceptable to Landlordbuilding directory sign.
5.06 Tenant agrees to keep the Leased Premises in a clean and sanitary condition, in a manner reasonable and customary for similar businesses, condition and free from trash, inflammable material and other objectionable matter and to make all non-structural interior repairs other than to Landlord's mechanical systems, reasonable wear and tear and obsolescence and casualty damage required to be insured by Landlord under the terms of this Lease excepted. Tenant shall maintain all equipment installed by Tenant at Tenant's own cost and expense. Tenant shall not make any Building building alteration or addition to the Leased Premises without Landlord's consent, which shall not be unreasonably withheld. Ordinary office trash in volumes consistent with normal office usage may be placed in the dumpster maintained at the Project by Landlord, the cost of which dumpster may be charged by Landlord as a part of Operating Expenses. Tenant shall be responsible for the proper disposal of trash in excess of normal office usage volumes and for the disposal of any trash other than ordinary office trash. For example, any waste that may not be disposed of in an ordinary landfill without any special handling (such as biomedical waste from a medical office) shall be handled and disposed of by Tenant, at Tenant's sole cost and expense, in full compliance with all laws relating to the handling and disposal of such waste.
5.07 If Tenant refuses refused or neglects to perform any item of maintenance or repair which is Tenant's responsibility within a reasonable time, Landlord may make such repairsrepairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's cost costs for making such repairs upon presentation of an invoice therefor, as Additional Rent, which shall include interest from the date of such repairs at the same rate as that due for overdue rental payments. In the case of a repair which is not an emergency repair, Landlord shall not exercise Landlord's right to make the repair unless Tenant has not commenced the repair within ten days after written demand from Landlord and proceeds to complete same with diligence.
5.08 Tenant shall promptly pay all contractors and materialmen hired by Tenant to furnish any labor or materials which may give rise to the filing of a mechanic's lien against the Project attributable to contracts entered into by the Tenant. Should any such lien be made or filed, Tenant shall cause same to be discharged as a lien against the Project within the sooner of [i] thirty 60 days after Tenant receives notice of such lien or [ii] thirty 60 days after request by Landlord to remove such lien. If a bond is posted filed and the such lien is released and discharged as a lien on the Projectdischarged, then such discharge by bonding shall satisfy Tenant's obligations under this paragraph as to the removal of said lien, and Tenant shall thereafter not be obligated to discharge the lien by the terms of this Lease to pay or compromise the claim which gave rise to the lienpayment. Notwithstanding any notice and grace period before default elsewhere set forth in this Lease, if Tenant shall fail to discharge such lien within the time period set forth in this paragraph above, and shall further fail to discharge such lien within ten more business days after notice of failure to discharge the lien is given from Landlord, then Tenant shall be in material default of the Lease, without any further notice or grace period.
Appears in 1 contract
Sources: Lease (Transwitch Corp /De)