General Covenants and Limitations on Use. Tenant may not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to Landlord. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of the Premises, Tenant shall pay to Landlord, within 10 days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant shall take all reasonable precautions to prevent any noxious activity from being carried on, in, on, or around the Premises, and to prevent anything from being done or kept in, on, or around the Premises that may be or become a public nuisance or that may cause disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For example, Tenant shall take all reasonable measures to eliminate or minimize any noxious odors emanating from the Premises; provided, however, if in Landlord’s reasonable opinion, the vivarium is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but the filter-housing will be provided by Landlord at its costs. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions shall be kept enclosed within the Premises; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises or in any trash areas in the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project); and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant may not keep or permit to be kept any motorcycle, or other vehicle, nor any animal (excluding certified service dogs), bird, reptile, or other exotic creature in, on or around the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below. Neither Tenant nor Tenant’s Invitees may do anything that will cause damage or waste to the Project. No machinery, apparatus, or other appliance may be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. Tenant shall ensure that none of its employees, agents or Tenant’s Invitees prop open any doors or window or circumvent any security for the Project.
Appears in 2 contracts
Sources: Sublease Agreement (Anadys Pharmaceuticals Inc), Lease Agreement (Phenomix CORP)
General Covenants and Limitations on Use. In addition to the Rules, Tenant may and Tenant’s Invitees (as defined below) use of the Premises and the Project, will be subject to the following additional general covenants and limitations on use.
5.5.1. Tenant shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of or Tenant’s failure to continuously use and occupy the Premises, Tenant shall pay the amount of such increase to Landlord, within 10 ten days after Landlord delivers to Tenant a notice of such increase, the amount of such increase.
5.5.2. Furthermore, Tenant No noxious or unreasonably offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, inin or upon the Premises by Tenant or Tenant’s Invitees, on, or around the Premises, and to prevent nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause unreasonable disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, howeveron the Project, if or on adjacent or near-by property.
5.5.3. No unsightliness shall be permitted in Landlord’s reasonable opinion, the vivarium Premises which is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but visible from the filter-housing will be provided by Landlord at its costsCommon Areas. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions materials shall be kept enclosed within the PremisesPremises and in Common Areas trash enclosures and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises and promptly and properly disposed of.
5.5.4. The Premises shall not be used for sleeping or in washing clothes, nor shall the Premises be used for cooking or the preparation, manufacture, or mixing of anything that might emit any trash areas in offensive odor or objectionable noises or lights onto the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project); and all or nearby properties.
5.5.5. All pipes, wires, conduit, cabling, poles, antennas, and other equipment/facilities for utilities or relating to utilities, telecommunications, computer equipment, or the transmission or reception of audio or visual signals shall must be kept and maintained enclosed within the PremisesPremises (except to the extent included as part of Landlord’s Work, Tenant’s Work, or otherwise approved by Landlord)
5.5.6. Tenant may shall not keep or permit to be kept any motorcycle, or other vehicle, nor any animal (excluding certified service seeing-eye dogs), bird, reptile, or other exotic creature in, on or around in the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below.
5.5.7. Neither Tenant nor Tenant’s Invitees may shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, equipment, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. Tenant shall ensure that none Project or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its employeesaffiliates), agents including, without limitation, interference with transmission and reception of telephone, telecommunications, television, radio, or Tenant’s Invitees prop open any doors or window or circumvent any security for the Projectsimilar signals.
Appears in 2 contracts
Sources: Modified Gross Office Lease, Modified Gross Office Lease (Bakbone Software Inc)
General Covenants and Limitations on Use. Tenant may shall not do, ---------------------------------------- bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular 's use of or Tenant's failure to continuously use and occupy the Premises, Tenant shall pay to Landlord, within 10 ten days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no noxious or offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, in, on, in or around upon the Premises, and to prevent Premises nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause disturbance, unreasonable disturbance or annoyance to others in the Building, in the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, howeveron the Project, if in Landlord’s reasonable opinion, the vivarium is producing offensive or noxious odors, on adjacent or near-by property. Tenant shall install and maintain carbon filters (at its sole costs)not conduct or permit any "fire sale", but public auction, sidewalk sale, going out of business sale, or other such event in or about the filter-housing will be provided by Landlord at its costsPremises. Without limiting the generality of the foregoing, all All unsightly equipment, objects, and conditions shall be kept enclosed within the PremisesPremises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises; the Premises shall not be used for sleeping or in washing clothes, nor shall the Premises be used for cooking (unless the Permitted Use is as a restaurant) or the preparation, manufacture, or mixing of anything that might emit any trash areas in odor or objectionable noises or lights onto the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project)or nearby properties; and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant may shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof in the trash containers or dumpsters located adjacent to the Building. Further, Tenant shall not keep or permit to be kept any motorcycle, or other vehicle, nor any animal (excluding certified service seeing-eye dogs), bird, reptile, or other exotic creature in, on or around in the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below. Neither Tenant nor Tenant’s 's Invitees may (as defined in Paragraph 6 below) shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. In the event of any breach of this Paragraph 5 by Tenant or Tenant's Invitees, Landlord, at its election, may pay the cost of correcting such breach and Tenant shall ensure that none immediately, upon demand, may pay the cost thereof, plus a supervisory fee in the amount of its employeesten percent (10%) of such cost. Notwithstanding the foregoing or anything to the contrary contained in this Lease, agents Tenant shall not be responsible for compliance with any laws, codes, ordinances or other governmental directives where such compliance would require capital expenditures and is not related specifically to Tenant’s Invitees prop open 's use and occupancy of the Premises. For example, if any doors governmental authority should require the Building or window the Premises to be structurally strengthened against earthquake, or circumvent any security for should require the Projectremoval of asbestos from the Premises and such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use or occupancy of the Premises, such work shall be performed by and at the sole cost of Landlord.
Appears in 2 contracts
Sources: Standard Full Service Gross Office Lease (Copper Mountain Networks Inc), Standard Full Service Gross Office Lease (Copper Mountain Networks Inc)
General Covenants and Limitations on Use. Tenant may shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of the Premises's use, Tenant shall pay to Landlord, within 10 days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no noxious or offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, in, on, in or around upon the Premises, and to prevent Premises nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause embarrassment, disturbance, or annoyance to others in the Building, on the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, howeveron the Project, if in Landlord’s reasonable opinion, the vivarium is producing offensive or noxious odorson adjacent or near-by property. In addition, Tenant covenants and agrees that no unsightliness shall install and maintain carbon filters (at its sole costs), but be permitted in the filter-housing will be provided by Landlord at its costsPremises. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions shall be kept enclosed within the PremisesPremises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises; the Premises shall not be used for sleeping or in washing clothes, nor use the Premises for cooking (unless the Permitted Use is as a restaurant) or the preparation, manufacture, or mixing of anything that might emit any trash areas in odor or objectionable noises or lights onto the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project)or nearby properties; and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant may shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises which does not fit within a regular office waste bin, and the deposit thereof in the trash containers or dumpsters located adjacent to the Building. Further, Tenant shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service seeing-eye dogs), bird, reptile, or other exotic creature inin the Premises unless Tenant operates a bona fide pet store, on pet grooming facility, or around the Premisesother veterinary medicine clinic, except for any research rodents (i.e.hospital, mice, hamsters, gerbilsand/or related animal care facility under direct operation and supervision of a State Licensed Veterinarian, and rats) residing such use has been specifically approved in enclosed cages within the vivarium area writing by Landlord, which consent may be withheld in accordance with all Applicable Regulations subject to Section 5.6 belowLandlord's sole discretion. Neither Tenant nor Tenant’s 's Invitees may shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. In the event of any breach of this Paragraph 5 by Tenant or Tenant's Invitees, Landlord, at its election, pay the cost of correcting such breach and Tenant shall ensure that none immediately, upon demand, pay the cost thereof, plus a supervisory fee in the amount of its employees, agents or Tenant’s Invitees prop open any doors or window or circumvent any security for the Projectten percent (10%) of such cost.
Appears in 1 contract
Sources: Full Service Modified Gross Lease (Lightspan Partnership Inc)
General Covenants and Limitations on Use. In addition to the Rules, Tenant may and Tenant’s Invitees (as defined below) use of the Premises and the Project, will be subject to the following additional general covenants and limitations on use.
5.5.1. Tenant shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of or Tenant’s failure to continuously use and occupy the Premises, Tenant shall pay the amount of such increase to Landlord, within 10 ten days after Landlord delivers to Tenant a notice of such increase, the amount of such increase.
5.5.2. Furthermore, Tenant No noxious or unreasonably offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, inin or upon the Premises by Tenant or Tenant’s Invitees, on, or around the Premises, and to prevent nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause unreasonable embarrassment, disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, howeveron the Project, if or on adjacent or near-by property.
5.5.3. No unsightliness shall be permitted in Landlord’s reasonable opinion, the vivarium Premises which is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but visible from the filter-housing will be provided by Landlord at its costsCommon Areas. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions materials shall be kept enclosed within the PremisesPremises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises and promptly and properly disposed of.
5.5.4. The Premises shall not be used for sleeping or in washing clothes, nor shall the Premises be used for cooking or the preparation, manufacture, or mixing of anything that might emit any trash areas in offensive odor or objectionable noises or lights onto the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project); and all or nearby properties.
5.5.5. All pipes, wires, conduit, cabling, poles, antennas, and other equipment/facilities for utilities or relating to utilities, telecommunications, computer equipment, or the transmission or reception of audio or visual signals shall must be kept and maintained enclosed within the PremisesPremises (except to the extent included as part of Landlord’s Work, Tenant’s Work, or otherwise approved by Landlord)
5.5.6. Tenant may shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service seeing-eye dogs), bird, reptile, or other exotic creature in, on or around in the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below.
5.5.7. Neither Tenant nor Tenant’s Invitees may shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, equipment, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. Tenant shall ensure that none Project or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its employeesaffiliates), agents including, without limitation, interference with transmission and reception of telephone, telecommunications, television, radio, or Tenant’s Invitees prop open any doors or window or circumvent any security for the Projectsimilar signals.
Appears in 1 contract
General Covenants and Limitations on Use. Tenant may shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of or Tenant’s failure to continuously use and occupy the Premises, Tenant shall pay to Landlord, within 10 ten days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no noxious or unreasonably offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, inin or upon the Premises by Tenant or Tenant’s Invitees (as defined below), on, or around the Premises, and to prevent nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause unreasonable embarrassment, disturbance, or annoyance to others in the Building, on the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, howeveron the Project, if or on adjacent or near-by property. Tenant shall not conduct or permit any “fire sale”, public auction, sidewalk sale, going out of business sale, employment fair, or other such event in Landlord’s reasonable opinion, or about the vivarium is producing offensive Premises or noxious odorsthe Project. In addition, Tenant covenants and agrees that no unsightliness shall install and maintain carbon filters (at its sole costs), but be permitted in the filter-housing will be provided by Landlord at its costsPremises which is visible from the Common Areas. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions shall be kept enclosed within the PremisesPremises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises and promptly and properly disposed of; the Premises shall not be used for sleeping or washing clothes, nor shall the Premises be used for cooking (other than use of a microwave oven or toaster oven for uses typically used in office settings) or the preparation, manufacture, or mixing of anything that might emit any trash areas in offensive odor or objectionable noises or lights onto the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project)or nearby properties; and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant may shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof in the trash containers or dumpsters located adjacent to the Building. Further, Tenant shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service seeing-eye dogs), bird, reptile, or other exotic creature in, on or around in the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below. Neither Tenant nor Tenant’s Invitees may shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, equipment, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the ProjectProject or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its affiliates), including, without limitation, interference with transmission and reception of telephone, television, radio, or similar signals. In the event of any breach of this Paragraph 5 by Tenant shall ensure that none of its employees, agents or Tenant’s Invitees prop open any doors or window or circumvent any security for Invitees, Landlord, at its election, may pay the Projectcost of correcting such breach and Tenant shall immediately, upon demand, pay the reasonable cost thereof, plus a supervisory fee in the amount of ten percent (10%) of such cost.
Appears in 1 contract
Sources: Standard Modified Gross Office Lease (Bakbone Software Inc)
General Covenants and Limitations on Use. In addition to the Rules, Tenant may and Tenant's Invitees (as defined below) use of the Premises and the Project, will be subject to the following additional general covenants and limitations on use.
5.5.1. Tenant shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant's use other than for the Permitted Use or Tenant’s particular failure to continuously use of and occupy the Premises, Tenant shall pay the amount of such increase to Landlord, within 10 ten days after Landlord delivers to Tenant a written notice of such increase, the amount of such increase.
5.5.2. Furthermore, Tenant No noxious or unreasonably offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, inin or upon the Premises by Tenant or Tenant's Invitees, on, or around the Premises, and to prevent nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause unreasonable embarrassment, disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, howeveron the Project, if or on adjacent or near-by property.
5.5.3. No unsightliness shall be permitted in Landlord’s reasonable opinion, the vivarium Premises which is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but visible from the filter-housing will be provided by Landlord at its costsCommon Areas. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions materials shall be kept enclosed within the PremisesPremises and screened from view or in Common Areas trash enclosures; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises and promptly and properly disposed of.
5.5.4. The Premises shall not be used for sleeping or in washing clothes, nor shall the Premises be used for cooking or the preparation, manufacture, or mixing of anything that might emit any trash areas in offensive odor or objectionable noises or lights onto the Project designated or nearby properties. Additionally, Tenant shall be responsible for damage to the Project caused by Landlord (provided that Landlord has provided adequate trash areas for any deliverymen who are at the Project); and all Project to deliver goods to Tenant.
5.5.5. All pipes, wires, conduit, cabling, poles, antennas, and other equipment/facilities for utilities or relating to utilities, telecommunications, computer equipment, or the transmission or reception of audio or visual signals shall must be kept and maintained enclosed within the PremisesPremises (except to the extent included as part of Landlord's Work, Tenant's Work, or otherwise approved by Landlord).
5.5.6. Tenant may shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service seeing-eye dogs), bird, reptile, or other exotic creature in, on or around in the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below.
5.5.7. Neither Tenant nor Tenant’s 's Invitees may shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. Tenant shall be responsible for all structural engineering required to determine structural load for items placed in the Premises by Tenant. Tenant shall fasten all files, bookcases, and like furnishings to walls in a manner to prevent tipping over in the event of earth movements. Landlord shall not be responsible for any damage or liability for such events. No machinery, equipment, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. Tenant shall ensure that none Project or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its employeesaffiliates), agents including, without limitation, interference with transmission and reception of telephone, telecommunications, television, radio, or Tenant’s Invitees prop open any doors or window or circumvent any security for the Projectsimilar signals.
Appears in 1 contract
Sources: Office Lease Agreement (Adamis Pharmaceuticals Corp)
General Covenants and Limitations on Use. In addition to the Rules, Tenant may and Tenant’s Invitees (as defined below) use of the Premises and the Project, will be subject to the following additional general covenants and limitations on use:
5.5.1 Tenant shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of or Tenant’s failure to continuously use and occupy the Premises, Tenant shall pay the amount of such increase to Landlord, within 10 ten (10) days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant .
5.5.2 No noxious or unreasonably offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, inin or upon the Premises by Tenant or Tenant’s Invitees, on, or around the Premises, and to prevent nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause unreasonable embarrassment, disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, howeveron the Project, if or on adjacent or near-by property.
5.5.3 No unsightliness shall be permitted in Landlord’s reasonable opinion, the vivarium Premises which is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but visible from the filter-housing will be provided by Landlord at its costsCommon Areas. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions materials shall be kept enclosed within the PremisesPremises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises and promptly and properly disposed of.
5.5.4 The Premises shall not be used for sleeping or in washing clothes, nor shall the Premises be used for cooking, (except that the normal and customary office use of a microwave oven, coffee maker, or toaster oven by Tenant’s employees is permissible), or the preparation, manufacture, or mixing of anything that might emit any trash areas in offensive odor or objectionable noises or lights onto the Project designated or nearby properties. Additionally, Tenant shall be responsible for damage to the Project caused by Landlord (provided that Landlord has provided adequate trash areas for any deliverymen at the Project); and all Premises to deliver goods to Tenant.
5.5.5 All pipes, wires, conduit, cabling, poles, antennas, and other equipment/facilities for utilities or relating to utilities, telecommunications, computer equipment, or the transmission or reception of audio or visual signals shall must be kept and maintained enclosed within the Premises. .
5.5.6 Tenant may shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service seeing-eye dogs), bird, reptile, or other exotic creature in, on or around in the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below. .
5.5.7 Neither Tenant nor Tenant’s Invitees may shall do anything that will cause damage or waste to the Project.
5.5.8 Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, equipment, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the ProjectProject or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its affiliates), including, without limitation, interference with transmission and reception of telephone, telecommunications, television, radio, or similar signals. Tenant shall ensure that none be responsible for all structural engineering required to determine structural load for items placed in the Premises by Tenant. Tenant shall fasten all files, bookcases, and like furnishings to walls in a manner to prevent tipping over in the event of its employees, agents earth movements. Landlord shall not be responsible for any damage or Tenant’s Invitees prop open any doors or window or circumvent any security liability for the Projectsuch events.
Appears in 1 contract
General Covenants and Limitations on Use. In addition to the Rules, Tenant’s and Tenant’s Invitees’ (as defined below) use of the Premises and the Project, will be subject to the following additional general covenants and limitations on use.
5.5.1. Tenant may shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of the Premises, Tenant shall pay the amount of such increase to Landlord, within 10 ten days after Landlord delivers to Tenant a notice reasonably documentary evidence of such increase, the amount of such increase.
5.5.2. Furthermore, Tenant No noxious or unreasonably offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, inin or upon the Premises by Tenant or Tenant’s Invitees, on, or around the Premises, and to prevent nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause unreasonable embarrassment, disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, howeveron the Project, if or on adjacent or near-by property.
5.5.3. No unsightliness shall be permitted in Landlord’s reasonable opinion, the vivarium Premises which is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but visible from the filter-housing will be provided by Landlord at its costsCommon Areas. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions materials shall be kept enclosed within the PremisesPremises and screened from view or in Common Areas trash enclosures; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises and promptly and properly disposed of.
5.5.4. The Premises shall not be used for sleeping or in washing clothes, nor shall the Premises be used for cooking or the preparation, manufacture, or mixing of anything that might emit any trash areas in offensive odor or objectionable noises or lights onto the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project); and all or nearby properties.
5.5.5. All pipes, wires, conduit, cabling, poles, antennas, and other equipment/facilities for utilities or relating to utilities, telecommunications, computer equipment, or the transmission or reception of audio or visual signals shall must be kept and maintained enclosed within the PremisesPremises (except to the extent included as part of Landlord’s Work, Tenant’s Work, or otherwise approved by Landlord).
5.5.6. Tenant may shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service dogsanimals), bird, reptile, or other exotic creature in, on or around in the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below.
5.5.7. Neither Tenant nor Tenant’s Invitees may shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. Tenant shall be responsible for all structural engineering required to determine structural load for items placed in the Premises by Tenant. Tenant shall fasten all files, bookcases, and like furnishings to walls in a manner to prevent tipping over in the event of earth movements. Landlord shall not be responsible for any damage or liability for such events. No machinery, equipment, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. Tenant shall ensure that none Project or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its employeesaffiliates), agents including, without limitation, interference with transmission and reception of telephone, telecommunications, television, radio, or Tenant’s Invitees prop open any doors or window or circumvent any security for the Projectsimilar signals.
Appears in 1 contract
General Covenants and Limitations on Use. In addition to the Rules, Tenant may and Tenant’s Invitees (as defined below) use of the Premises and the Project, will be subject to the following additional general covenants and limitations on use.
5.5.1. Tenant shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of or Tenant’s failure to continuously use and occupy the Premises, Tenant shall pay the amount of such increase to Landlord, within 10 ten days after Landlord delivers to Tenant a notice of such increase, the amount of such increase.
5.5.2. Furthermore, Tenant No noxious or unreasonably offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, inin or upon the Premises by Tenant or Tenant’s Invitees, on, or around the Premises, and to prevent nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause unreasonable embarrassment, disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, howeveron the Project, if or on adjacent or near-by property.
5.5.3. No unsightliness shall be permitted in Landlord’s reasonable opinion, the vivarium Premises which is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but visible from the filter-housing will be provided by Landlord at its costsCommon Areas. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions materials shall be kept enclosed within the PremisesPremises and screened from view or in Common Areas trash enclosures; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises and promptly and properly disposed of.
5.5.4. The Premises shall not be used for sleeping or washing clothes, nor shall the Premises be used for cooking (subject to the exceptions listed in Exhibit D) or the preparation, manufacture, or mixing of anything that might emit any trash areas in offensive odor or objectionable noises or lights onto the Project designated or nearby properties. Additionally, Tenant shall be responsible for damage to the Project caused by Landlord (provided that Landlord has provided adequate trash areas for any deliverymen who are at the Project); and all Project to deliver goods to Tenant.
5.5.5. All pipes, wires, conduit, cabling, poles, antennas, and other equipment/facilities for utilities or relating to utilities, telecommunications, computer equipment, or the transmission or reception of audio or visual signals shall must be kept and maintained enclosed within the PremisesPremises (except to the extent included as part of Landlord’s Work, Tenant’s Work, or otherwise approved by Landlord).
5.5.6. Tenant may shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service seeing-eye dogs), bird, reptile, or other exotic creature in, on or around in the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below.
5.5.7. Neither Tenant nor Tenant’s Invitees may shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. Tenant shall be responsible for all structural engineering required to determine structural load for items placed in the Premises by Tenant. Tenant shall fasten all files, bookcases, and like furnishings to walls in a manner to prevent tipping over in the event of earth movements. Landlord shall not be responsible for any damage or liability for such events. No machinery, equipment, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. Tenant shall ensure that none Project or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its employeesaffiliates), agents including, without limitation, interference with transmission and reception of telephone, telecommunications, television, radio, or Tenant’s Invitees prop open any doors or window or circumvent any security for the Projectsimilar signals.
Appears in 1 contract
Sources: Office Lease Agreement (Somaxon Pharmaceuticals, Inc.)
General Covenants and Limitations on Use. Tenant may not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises Premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to Landlord. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of the Premisesuse, Tenant shall pay to Landlord, within 10 days after Landlord delivers to Tenant a notice of such increaseincrease (and reasonable proof it was caused by Tenant), the amount of such increase. Furthermore, Tenant shall take all reasonable precautions to prevent any No noxious or offensive activity from being may be carried on, in, on, or around the Premises, and to prevent nor may anything from being be done or kept in, on, or around the Premises that which may be or become a public nuisance or that which may cause embarrassment, disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For example, Tenant shall take all reasonable measures to eliminate or minimize any noxious odors emanating no light may be emitted from the Premises which is unreasonably bright or causes unreasonable glare; no sounds may be emitted from the Premises which are unreasonably loud or annoying; and no odor may be emitted from the Premises which is or might be noxious or offensive to others in the Project, or on adjacent or near-by property; and no unsightliness is permitted in, on or around the Premises; provided, however, if in Landlord’s reasonable opinion, the vivarium is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but the filter-housing will be provided by Landlord at its costs. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions shall be kept enclosed within the PremisesPremises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises or in any trash areas in the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project)Premises; and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the PremisesPremises (provided that Tenant’s existing rooftop equipment can remain on the Property and any reasonable changes to such equipment (reasonably approved by Landlord) may be made by Tenant). Except in an enclosed vivarium, Tenant may not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service dogs), bird, reptile, or other exotic creature in, on or around the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below. Neither Tenant nor Tenant’s Invitees may do anything that will cause damage or waste to the Project. No machinery, apparatus, or other appliance may be used or operated in or on the Premises that which can be felt outside the Premises or which imposes a risk of damage to the structure of the Premises and will in any manner injure, vibrate, or shake all or any part of the Project. Tenant shall ensure that none of its employees, agents or Tenant’s Invitees prop open any external doors or window windows or circumvent any security for the Project. Tenant acknowledges that the Common Area will not be accessible to the public except during normal business hours for the multi-tenant Buildings (but Tenant has such access and may facilitate access by Tenant’s Invitees subject to Landlord’s reasonable security requirements). In no event may Tenant use any portion of the Common Area for loading, unloading, or parking, except in those areas specifically designated by Landlord for such purposes, nor for any sidewalk sale, advertising, or similar commercial purpose.
Appears in 1 contract
Sources: Lease (Neurocrine Biosciences Inc)
General Covenants and Limitations on Use. Tenant Subtenant may not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises Premises, the Building, or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to Landlord. If the rate of any insurance carried by Landlord Sublessor or the Manager is increased as a result of TenantSubtenant’s particular use or occupancy of the Premises, Tenant Subtenant shall pay to LandlordSublessor, within 10 days after Landlord Sublessor delivers to Tenant Subtenant a notice of such increase, the amount of such increase. Furthermore, Tenant shall take all reasonable precautions to prevent any noxious activity Subtenant covenants and agrees that no light will be emitted from being carried on, in, on, or around the Premises, and to prevent anything from being done or kept in, on, or around the Premises that may by Subtenant which is unreasonably bright or causes unreasonable glare; no sounds will be emitted from the Premises by Subtenant which are unreasonably loud or become a public nuisance annoying; and no odor will be emitted from the Premises by Subtenant which is or that may cause disturbance, might be unreasonably noxious or annoyance offensive to others in the Building, on the Project, or on adjacent or nearby near-by property. For exampleIn addition, Tenant shall take all Subtenant covenants and agrees to use commercially reasonable measures to eliminate or minimize any noxious odors emanating from the Premises; provided, however, if in Landlord’s reasonable opinion, the vivarium is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but the filter-housing efforts so that no unsightliness will be provided permitted upon the Premises by Landlord at its costsSubtenant. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions shall be kept enclosed within the Premises; no refuse, scraps, debris, garbage, trash, hazardous or toxic substances, bulk materials, or waste shall may be kept, stored, or allowed to accumulate accumulated within the Premises except as may be properly enclosed within and which meets the other requirements of this Sublease; the Premises may not be used for sleeping or in washing clothes, nor may Subtenant use the Premises for cooking or the preparation, manufacture, or mixing of anything that might emit any trash areas in odor or objectionable noises or lights onto the Project designated by Landlord (or nearby properties, except as otherwise provided that Landlord has provided adequate trash areas for to the Project)contrary in this Sublease; and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall must be kept and maintained enclosed within the Premises. Tenant Subtenant will be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof in the trash containers or dumpsters to be maintained by Sublessor on Lot 3. Further, Subtenant may not keep or permit to be kept any motorcycle, or other vehicle, nor any animal (excluding certified service seeing-eye dogs), bird, reptile, or other exotic creature in, on or around the Premises. Neither Subtenant nor Subtenant’s guests, except for any research rodents (i.e.invitees, mice, hamsters, gerbilscustomers, and ratslicensees (collectively, “Subtenant’s Invitees”) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below. Neither Tenant nor Tenant’s Invitees may do anything that will cause damage or waste to the Building or Project. Neither the floor nor any other portion of the Premises may be overloaded. No machinery, apparatus, or other appliance may be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Building or the balance of the Project. Tenant In the event of any breach of this Paragraph 5.5 by Subtenant or Subtenant’s Invitees, Sublessor, at its election, may pay the cost of correcting such breach and Subtenant shall ensure that none immediately, upon demand, pay (as Additional Rent) the cost thereof plus an administrative fee of its employees, agents or Tenant’s Invitees prop open any doors or window or circumvent any security for the Projectten percent (10%) of such cost.
Appears in 1 contract
Sources: Sublease Agreement (iVOW, Inc.)
General Covenants and Limitations on Use. Tenant may shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of the Premises's use, Tenant shall pay to Landlord, within 10 ten days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no noxious or offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, in, on, in or around upon the Premises, and to prevent Premises nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause embarrassment, disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; provided, however, if no sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in Landlord’s reasonable opinion, the vivarium is producing offensive Project or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but the filteron adjacent or near-housing will be provided by Landlord at its costsproperty. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions shall be kept enclosed within the PremisesPremises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises; the Premises shall not be used for sleeping or in washing clothes, nor for the preparation, manufacture, or mixing of anything that might emit any trash areas in odor or objectionable noises or lights onto the Project designated by Landlord or nearby properties (provided that Landlord has provided adequate trash areas for the Projecthowever, baking odors will not be deemed objectionable); and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant may shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof in the trash containers or dumpsters located adjacent to the Premises. Further, Tenant shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service seeing-eye dogs), bird, reptile, or other exotic creature inin the Premises unless Tenant operates a bona fide pet store, on pet grooming facility, or around the Premisesother veterinary medicine clinic, except for any research rodents (i.e.hospital, mice, hamsters, gerbilsand/or related animal care facility under direct operation and supervision of a State Licensed Veterinarian, and rats) residing such use has been specifically approved in enclosed cages within the vivarium area writing by Landlord, which consent may be withheld in accordance with all Applicable Regulations subject to Section 5.6 belowLandlord's sole discretion. Neither Tenant nor Tenant’s 's Invitees may shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. In the event of any breach of this Paragraph 10 by Tenant or Tenant's Invitees, Landlord, at its election, may pay the cost of correcting such breach and Tenant shall ensure that none of its employeesimmediately, agents or Tenant’s Invitees prop open any doors or window or circumvent any security upon demand, reimburse Landlord for the Projectcost thereof, plus a supervisory fee in the amount of 15 percent of such cost.
Appears in 1 contract
Sources: Lease (Paramark Enterprises Inc)
General Covenants and Limitations on Use. Tenant may not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises Premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to Landlord. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of the Premisesuse, Tenant shall pay to Landlord, within 10 days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant shall take all reasonable precautions to prevent any No noxious or offensive activity from being may be carried on, in, on, or around the Premises, and to prevent nor may anything from being be done or kept in, on, or around the Premises that which may be or become a public nuisance or that which may cause embarrassment, disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For example, Tenant shall take all reasonable measures to eliminate or minimize any noxious odors emanating no light may be emitted from the Premises which is unreasonably bright or causes unreasonable glare; no sounds may be emitted from the Premises which are unreasonably loud or annoying; and no odor may be emitted from the Premises which is or might be noxious or offensive to others in the Project, or on adjacent or near-by property; and no unsightliness is permitted in, on or around the Premises; provided, however, if in Landlord’s reasonable opinion, the vivarium is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but the filter-housing will be provided by Landlord at its costs. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions shall be kept enclosed within the PremisesPremises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises or in any trash areas in the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project)Premises; and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant may not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service dogs), bird, reptile, or other exotic creature in, on or around the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below. Neither Tenant nor Tenant’s Invitees may do anything that will cause damage or waste to the Project. No machinery, apparatus, or other appliance may be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. Tenant shall ensure that none of its employees, agents or Tenant’s Invitees prop open any external doors or window windows or circumvent any security for the Project. Tenant acknowledges that the Common Area will not be accessible to the public except during Business Service Hours for the multi-tenant Buildings. In no event may Tenant use any portion of the Common Area for loading, unloading, or parking, except in those areas specifically designated by Landlord for such purposes, nor for any sidewalk sale, advertising, or similar commercial purpose.
Appears in 1 contract
Sources: Lease Agreement (Nuvasive Inc)
General Covenants and Limitations on Use. Tenant may shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of the Premisesuse, Tenant shall pay to Landlord, within 10 ten (10) days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no noxious or offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, in, on, in or around upon the Premises, and to prevent Premises nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause embarrassment, disturbance, or annoyance to others in the Building, on the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the Premises which is unreasonably bright or causes unreasonable glare; no sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, on the Project, or on adjacent or near-by property. Tenant shall not conduct or permit any “fire sale”, public auction, sidewalk sale, going out of business sale, or other such event in or about the Premises; provided, however, if in Landlord’s reasonable opinion, the vivarium is producing offensive or noxious odors. In addition, Tenant covenants and agrees that no unsightliness shall install and maintain carbon filters (at its sole costs), but be permitted in the filter-housing will be provided by Landlord at its costsPremises. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions shall be kept enclosed within the PremisesPremises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises; the Premises shall not be used for sleeping or in washing clothes, nor shall the Premises be used for cooking (unless the Permitted Use is as a restaurant) or the preparation, manufacture, or mixing of anything that might emit any trash areas in odor or objectionable noises or lights onto the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project)or nearby properties; and all pipes, wires, polespolls, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant may shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof in the trash containers or dumpsters located adjacent to the Building. Further, Tenant shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service seeing-eye dogs), bird, reptile, or other exotic creature inin the Premises unless Tenant operates a bona fide pet store, on pet grooming facility, or around the Premisesother veterinary medicine clinic, except for any research rodents (i.e., mice, hamsters, gerbilshospital, and rats) residing /or related animal care facility under direct operation and supervision of a State Licensed Veterinarian, and such use has been specifically approved in enclosed cages within the vivarium area writing by Landlord, which consent may be withheld in accordance with all Applicable Regulations subject to Section 5.6 belowLandlord’s sole discretion. Neither Tenant nor Tenant’s Invitees may shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. In the event of any breach of this Paragraph 5 by Tenant shall ensure that none of its employees, agents or Tenant’s Invitees prop open any doors or window or circumvent any security for Invitees, Landlord, at its election, may pay the Projectcost of correcting such breach and Tenant shall immediately, upon demand, pay the cost thereof, plus a supervisory fee in the amount of ten percent (10%) of such cost as additional rent.
Appears in 1 contract
General Covenants and Limitations on Use. In addition to the Rules, ▇▇▇▇▇▇’s and ▇▇▇▇▇▇'s agents’, employees’, officers’, independent contractors’, licensees’, guests and invitees’ (collectively, “Tenant's Invitees”) use of the Premises and the Project, will be subject to the following additional general covenants and limitations on use.
5.5.1. Tenant may shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular 's use of the Premises or Tenant’s failure to continuously use and occupy the Premises, Tenant shall pay the amount of such increase to Landlord, within 10 days after Landlord delivers to Tenant a notice of such increase, the amount of such increase.
5.5.2. Furthermore, Tenant No noxious or unreasonably offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, inin or upon the Premises by Tenant or Tenant's Invitees, on, or around the Premises, and to prevent nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause unreasonable American Assets Trust – Lease Form 1/31/2023 embarrassment, disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, howeveron the Project, if or on adjacent or near-by property.
5.5.3. No unsightliness shall be permitted in Landlord’s reasonable opinion, the vivarium Premises which is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but visible from the filter-housing will be provided by Landlord at its costsCommon Areas. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions materials shall be kept enclosed within the PremisesPremises and screened from view or in Common Areas trash enclosures; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises and promptly and properly disposed of.
5.5.4. The Premises shall not be used for sleeping or in washing clothes, nor shall the Premises be used for cooking or the preparation, manufacture, or mixing of anything that might emit any trash areas in offensive odor or objectionable noises or lights onto the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project); and all or nearby properties.
5.5.5. All pipes, wires, conduit, cabling, poles, antennas, and other equipment/facilities for utilities or relating to utilities, telecommunications, computer equipment, or the transmission or reception of audio or visual signals shall must be kept and maintained enclosed within the PremisesPremises (except to the extent included as part of Landlord's Work, Tenant's Work, or otherwise approved by Landlord).
5.5.6. Tenant may shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service dogsanimals), bird, reptile, or other exotic creature in, on or around in the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below.
5.5.7. Neither Tenant nor Tenant’s ▇▇▇▇▇▇'s Invitees may shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. Tenant shall be responsible for all structural engineering required to determine structural load for items placed in the Premises by ▇▇▇▇▇▇. Tenant shall fasten all files, bookcases, and like furnishings to walls in a manner to prevent tipping over in the event of earthquake, tremor, or other earth movements. Landlord shall not be responsible for any damage or liability for such events. No machinery, equipment, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the ProjectProject or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its affiliates), including, without limitation, interference with transmission and reception of telephone, telecommunications, television, radio, or similar signals.
5.5.8. The Premises will be used only as a commercial facility and not as a place of public accommodation as defined by ADA. Tenant shall ensure that none of not offer its employees, agents or Tenant’s Invitees prop open any doors or window or circumvent any security for goods and services to the Projectgeneral public at the Premises.
Appears in 1 contract
General Covenants and Limitations on Use. In addition to the Rules, Tenant may and Tenant’s Invitees (as defined below) use of the Premises and the Project, will be subject to the following additional general covenants and limitations on use.
5.5.1. Tenant shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of other than for the Permitted Use or Tenant’s failure to continuously use and occupy the Premises, Tenant shall pay the amount of such increase to Landlord, within 10 ten days after Landlord delivers to Tenant a written notice of such increase, the amount of such increase.
5.5.2. Furthermore, Tenant No noxious or unreasonably offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, inin or upon the Premises by Tenant or Tenant’s Invitees, on, or around the Premises, and to prevent nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause unreasonable embarrassment, disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, howeveron the Project, if or on adjacent or near-by property.
5.5.3. No unsightliness shall be permitted in Landlord’s reasonable opinion, the vivarium Premises which is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but visible from the filter-housing will be provided by Landlord at its costsCommon Areas. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions materials shall be kept enclosed within the PremisesPremises and screened from view or in Common Areas trash enclosures; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises and promptly and properly disposed of.
5.5.4. The Premises shall not be used for sleeping or in washing clothes, nor shall the Premises be used for cooking or the preparation, manufacture, or mixing of anything that might emit any trash areas in offensive odor or objectionable noises or lights onto the Project designated or nearby properties. Additionally, Tenant shall be responsible for damage to the Project caused by Landlord (provided that Landlord has provided adequate trash areas for any deliverymen who are at the Project); and all Project to deliver goods to Tenant.
5.5.5. All pipes, wires, conduit, cabling, poles, antennas, and other equipment/facilities for utilities or relating to utilities, telecommunications, computer equipment, or the transmission or reception of audio or visual signals shall must be kept and maintained enclosed within the PremisesPremises (except to the extent included as part of Landlord’s Work, Tenant’s Work, or otherwise approved by Landlord).
5.5.6. Tenant may shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service seeing-eye dogs), bird, reptile, or other exotic creature in, on or around in the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below.
5.5.7. Neither Tenant nor Tenant’s Invitees may shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. Tenant shall be responsible for all structural engineering required to determine structural load for items placed in the Premises by Tenant. Tenant shall fasten all files, bookcases, and like furnishings to walls in a manner to prevent tipping over in the event of earth movements. Landlord shall not be responsible for any damage or liability for such events. No machinery, equipment, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. Tenant shall ensure that none Project or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its employeesaffiliates), agents including, without limitation, interference with transmission and reception of telephone, telecommunications, television, radio, or Tenant’s Invitees prop open any doors or window or circumvent any security for the Projectsimilar signals.
Appears in 1 contract
Sources: Office Lease Agreement (Adamis Pharmaceuticals Corp)
General Covenants and Limitations on Use. Tenant may shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of the Premises's use, Tenant shall pay to Landlord, within 10 days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no noxious or offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, inin or upon the Premises (provided, onhowever, that none of Tenant's business operations in the Premises which are consistent with Tenant's business operations in the Premises as of the date of this Lease shall be considered "noxious or around the Premises, and to prevent offensive" for purposes of this Section 5.3) nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance nuisance. To that end, Tenant additionally covenants and agrees that no light shall be emitted from the Premises which is unreasonably bright or that may cause disturbance, causes unreasonable glare; no sounds shall be emitted from the Premises which are unreasonably loud or annoyance annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in reasonable occupants or invitees on the Project, Project or on adjacent or nearby near-by property. For example, Tenant shall take all reasonable measures to eliminate or minimize any noxious odors emanating from the Premises; provided, however, if in Landlord’s reasonable opinion, the vivarium is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but the filter-housing will be provided by Landlord at its costs. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions shall be kept enclosed within the Premises; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises or in any trash areas in the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project); and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant may not keep or permit to be kept any motorcycle, or other vehicle, nor any animal (excluding certified service dogs), bird, reptile, or other exotic creature in, on or around the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below. Neither Tenant nor Tenant’s Invitees may do anything that will cause damage or waste to the Project. No machinery, apparatus, or other appliance may be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. Tenant shall ensure that none of its employees, agents or Tenant’s Invitees prop open any doors or window or circumvent any security for the Project.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Neurocrine Biosciences Inc)
General Covenants and Limitations on Use. In addition to the Rules, Tenant’s and Tenant’s Invitees’ (as defined below) use of the Premises and the Project, will be subject to the following additional general covenants and limitations on use.
5.5.1 Tenant may shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of the Premises, Tenant shall pay the amount of such increase to Landlord, within 10 ten days after Landlord delivers to Tenant a notice reasonably documentary evidence of such increase, the amount of such increase. Furthermore, Tenant .
5.5.2 No noxious or unreasonably offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, inin or upon the Premises by Tenant or Tenant’s Invitees, on, or around the Premises, and to prevent nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause unreasonable embarrassment, disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, howeveron the Project, if or on adjacent or near-by property.
5.5.3 No unsightliness shall be permitted in Landlord’s reasonable opinion, the vivarium Premises which is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but visible from the filter-housing will be provided by Landlord at its costsCommon Areas. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions materials shall be kept enclosed within the PremisesPremises and screened from view or in Common Areas trash enclosures; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises and promptly and properly disposed of.
5.5.4 The Premises shall not be used for sleeping or in washing clothes, nor shall the Premises be used for cooking or the preparation, manufacture, or mixing of anything that might emit any trash areas in offensive odor or objectionable noises or lights onto the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project); and all or nearby properties.
5.5.5 All pipes, wires, conduit, cabling, poles, antennas, and other equipment/facilities for utilities or relating to utilities, telecommunications, computer equipment, or the transmission or reception of audio or visual signals shall must be kept and maintained enclosed within the Premises. Premises (except to the extent included as part of Landlord’s Work, Tenant’s Work, or otherwise approved by Landlord).
5.5.6 Tenant may shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service dogsanimals), bird, reptile, or other exotic creature in, on or around in the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below. .
5.5.7 Neither Tenant nor Tenant’s Invitees may shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. Tenant shall be responsible for all structural engineering required to determine structural load for items placed in the Premises by Tenant. Tenant shall fasten all files, bookcases, and like furnishings to walls in a manner to prevent tipping over in the event of earth movements. Landlord shall not be responsible for any damage or liability for such events. No machinery, equipment, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. Tenant shall ensure that none Project or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its employeesaffiliates), agents including, without limitation, interference with transmission and reception of telephone, telecommunications, television, radio, or Tenant’s Invitees prop open any doors or window or circumvent any security for the Projectsimilar signals.
Appears in 1 contract
General Covenants and Limitations on Use. (i) Tenant may not do, bring, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises Premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordBuilding. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular specific use of the PremisesPremises (as opposed to occupancy generally), Tenant shall pay to Landlord, Landlord the amount of such increase within 10 thirty (30) days after Landlord delivers to Tenant a notice of such increase together with proof that Tenant’s use resulted in the increase, the amount of such increase. Furthermore, .
(ii) Tenant shall take all reasonable precautions to prevent any covenants and agrees that no noxious or offensive activity from being may be carried on, in, on, in or around upon the Premises, and to prevent Premises nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause disturbanceembarrassment, disturbance or annoyance to others in the ProjectBuilding, or on adjacent or nearby property. For exampleTo that end, Tenant shall take all reasonable measures to eliminate or minimize any noxious odors emanating additionally covenants and agrees that no light will be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare, including searchlights; providedno sounds will be emitted from the Premises which are loud or annoying; and no odor will be emitted from the Premises which is or might be noxious or offensive to others in the Building, however, if in Landlord’s reasonable opinion, the vivarium is producing offensive or noxious odorson adjacent or near-by property. Further, Tenant shall install may not keep or permit to be kept any animal, bird, reptile or other exotic creature on the Premises.
(iii) Tenant covenants and maintain carbon filters (at its sole costs), but the filter-housing agrees that no unsightliness will be provided by Landlord at its costspermitted upon the Premises. Without limiting the generality of the foregoing, all unsightly equipment, objects, objects and conditions shall must be kept enclosed within the PremisesPremises and screened from view; no refuse, scraps, debris, garbage, trash, hazardous or toxic substances, bulk materials, materials or waste shall may be kept, stored, stored or allowed to accumulate except as may be properly enclosed within the Premises or in any trash areas in and which meets the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project)other requirements of this Lease; and all pipes, wires, poles, antennas, antennas and other facilities for utilities or the transmission or reception of audio or visual signals shall must be kept and maintained enclosed within the Premises. .
(iv) Tenant may not keep will be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, hazardous or permit toxic substances, bulk materials or waste from the Premises and the deposit thereof in the trash containers or dumpsters to be kept any motorcyclemaintained by Tenant on the Premises unless Landlord decides to provide trash removal services to Tenant, or other vehiclein which case Tenant shall use such service and pay Landlord for all costs associated therewith, nor any animal which shall be paid within fifteen (excluding certified service dogs), bird, reptile, or other exotic creature in, on or around the Premises, except for any research rodents 15) days after written demand by Landlord.
(i.e., mice, hamsters, gerbils, and ratsv) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below. Neither Tenant nor Tenant’s Invitees any Tenant Party may do anything that will cause damage or waste to the ProjectBuilding. Neither the floor nor any other portion of the Premises may be overloaded and Tenant shall not make any penetrations of any floor, ceiling or wall to the Premises except in accordance with plans approved by Landlord in writing in advance of such activity or except for minor wall penetrations within the Premises made solely for the purposes of hanging art and attaching moveable fixtures. No machinery, apparatus, or other appliance may be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. Tenant shall ensure that none of its employees, agents or Tenant’s Invitees prop open any doors or window or circumvent any security for the ProjectBuilding.
Appears in 1 contract
General Covenants and Limitations on Use. In addition to the Rules, Tenant may and Tenant's Invitees (as defined below) use of the Premises and the Project, will be subject to the following additional general covenants and limitations on use, which shall be applied in a non-discriminatory fashion.
5.5.1. Tenant shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular 's use of or Tenant's failure to continuously use and occupy the Premises, Tenant shall pay the amount of such increase to Landlord, within 10 ten days after Landlord delivers to Tenant a written notice of such increase; provided, however, if by ceasing such activity such increase can be avoided, and Tenant does so with the amount ten day notice period provided above, then such discontinuance of such increasethe activity causing the increase will be deemed to satisfy Tenant's obligation hereunder.
5.5.2. Furthermore, Tenant No noxious or unreasonably offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, inin or upon the Premises by Tenant or Tenant's Invitees, on, or around the Premises, and to prevent nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause unreasonable embarrassment, disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be unreasonably noxious or offensive to others in the Building, howeveron the Project, if or on adjacent or near-by property.
5.5.3. No unsightliness (as reasonably determined by Landlord) shall be permitted in Landlord’s reasonable opinion, the vivarium Premises which is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but visible from the filter-housing will be provided by Landlord at its costsCommon Areas. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions materials shall be kept enclosed within the PremisesPremises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises and promptly and properly disposed of.
5.5.4. The Premises shall not be used for sleeping or in washing clothes, nor shall the Premises be used for cooking or the preparation, manufacture, or mixing of anything that might emit any trash areas offensive odor or objectionable noises or lights onto the Project or nearby properties; however, the foregoing will not restrict Tenant from having typical office "break rooms" in the Project designated Premises with a microwave oven, coffee machine, and similar appliances provided such use is limited to use by Landlord (Tenant's employees and no odors emanate from such break room which can be smelled outside the Premises. Notwithstanding the foregoing, Tenant shall be permitted to use the first floor portion of the Premises for dispensing prepared food for Tenant's employees provided that Landlord has provided adequate trash areas for no odors emanate from such dining area which can be smelled outside the Project); and all Premises.
5.5.5. All pipes, wires, conduit, cabling, poles, antennas, and other equipment/facilities for utilities or relating to utilities, telecommunications, computer equipment, or the transmission or reception of audio or visual signals shall must be kept and maintained enclosed within the PremisesPremises (except to the extent included as part of Landlord's Work, Tenant's Work—as defined in attached Exhibit "C"—or otherwise approved by Landlord)
5.5.6. Tenant may shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service dogsseeing-eye dogs and other assistance animals), bird, reptile, or other exotic creature in, on or around in the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below.
5.5.7. Neither Tenant nor Tenant’s 's Invitees may shall do anything that will cause damage or waste to the Project. Additionally, Tenant shall not have water delivery service within the Premises; and Tenant shall be responsible for damage to the Project caused by any other deliverymen at the Premises to deliver goods to Tenant.
5.5.8. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, equipment, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the ProjectProject or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its affiliates), including, without limitation, interference with transmission and reception of telephone, telecommunications, television, radio, or similar signals. Tenant shall ensure that none be responsible for all structural engineering required to determine structural load for items placed in the Premises by Tenant. Tenant shall fasten all files, bookcases, and like furnishings to walls in a manner to prevent tipping over in the event of its employees, agents earth movements. Landlord shall not be responsible for any damage or Tenant’s Invitees prop open any doors or window or circumvent any security liability for the Projectsuch events.
Appears in 1 contract
Sources: Modified Gross Office Lease (Bridgepoint Education Inc)
General Covenants and Limitations on Use. Tenant may shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of or Tenant’s failure to continuously use and occupy the Premises, Tenant shall pay to Landlord, within 10 ten days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no noxious or unreasonably offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, inin or upon the Premises by Tenant or Tenant’s Invitees (as defined below), on, or around the Premises, and to prevent nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause unreasonable embarrassment, disturbance, or annoyance to others in the Building, on the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which Landlord /s/ JC Tenant /s/ RCB are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, howeveron the Project, if or on adjacent or near-by property. Tenant shall not conduct or permit any “fire sale”, public auction, sidewalk sale, going out of business sale, employment fair, or other such event in Landlord’s reasonable opinion, or about the vivarium is producing offensive Premises or noxious odorsthe Project. In addition, Tenant covenants and agrees that no unsightliness shall install and maintain carbon filters (at its sole costs), but be permitted in the filter-housing will be provided by Landlord at its costsPremises which is visible from the Common Areas. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions shall be kept enclosed within the PremisesPremises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises and promptly and properly disposed of, the Premises shall not be used for sleeping or washing clothes, nor shall the Premises be used for cooking (other than use of a microwave oven or toaster oven for uses typically used in office settings) or the preparation, manufacture, or mixing of anything that might emit any trash areas in offensive odor or objectionable noises or lights onto the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project)or nearby properties; and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant may shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof in the trash containers or dumpsters located adjacent to the Building. Further, Tenant shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service seeing-eye dogs), bird, reptile, or other exotic creature in, on or around in the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below. Neither Tenant nor Tenant’s Invitees may shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, equipment, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the ProjectProject or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its affiliates), including, without limitation, interference with transmission and reception of telephone, television, radio, or similar signals. In the event of any breach of this Paragraph 5 by Tenant shall ensure that none of its employees, agents or Tenant’s Invitees prop open any doors or window or circumvent any security for Invitees, Landlord, at its election, may pay the Projectcost of correcting such breach and Tenant shall immediately, upon demand, pay the reasonable cost thereof, plus a supervisory fee in the amount of ten percent (10%) of such cost.
Appears in 1 contract
Sources: Standard Modified Gross Office Lease (Captiva Software Corp)
General Covenants and Limitations on Use. In addition to the Rules, Tenant may and Tenant’s Invitees (as defined below) use of the Premises and the Project, will be subject to the following additional general covenants and limitations on use.
5.5.1. Tenant shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s particular use of or Tenant’s failure to continuously use and occupy the Premises, Tenant shall pay the amount of such increase to Landlord, within 10 ten days after Landlord delivers to Tenant a notice of such increase, the amount of such increase.
5.5.2. Furthermore, Tenant No noxious or unreasonably offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, inin or upon the Premises by Tenant or Tenant’s Invitees, on, or around the Premises, and to prevent nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause unreasonable embarrassment, disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, howeveron the Project, if or on adjacent or near-by property.
5.5.3. No unsightliness shall be permitted in Landlord’s reasonable opinion, the vivarium Premises which is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but visible from the filter-housing will be provided by Landlord at its costsCommon Areas. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions materials shall be kept enclosed within the PremisesPremises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises and promptly and properly disposed of.
5.5.4. The Premises shall not be used for sleeping or in washing clothes, nor shall the Premises be used for cooking or the preparation, manufacture, or mixing of anything that might emit any trash areas in offensive odor or objectionable noises or lights onto the Project designated by Landlord (provided that Landlord has provided adequate trash areas for the Project); and all or nearby properties.
5.5.5. All pipes, wires, conduit, cabling, poles, antennas, and other equipment/facilities for utilities or relating to utilities, telecommunications, computer equipment, or the transmission or reception of audio or visual signals shall must be kept and maintained enclosed within the PremisesPremises (except to the extent otherwise approved by Landlord)
5.5.6. Tenant may shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding certified service seeing-eye dogs), bird, reptile, or other exotic creature in, on or around in the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below.
5.5.7. Neither Tenant nor Tenant’s Invitees may shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, equipment, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. Tenant shall ensure that none Project or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its employeesaffiliates), agents including, without limitation, interference with transmission and reception of telephone, telecommunications, television, radio, or Tenant’s Invitees prop open any doors or window or circumvent any security for the Projectsimilar signals.
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Sources: Modified Gross Office Lease (Bumble Bee Capital Corp.)
General Covenants and Limitations on Use. In addition to the Rules, Tenant’s and Tenant's agents’, employees’, contractors’, licensees’, and invitees’ (collectively, “Tenant's Invitees”) use of the Premises and the Project, will be subject to the following additional general covenants and limitations on use.
5.5.1. Tenant may shall not do, bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the premises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to LandlordPremises. If the rate of any insurance carried by Landlord is increased as a result of Tenant's use or Tenant’s particular failure to continuously use of and occupy the Premises, Tenant shall pay the amount of such increase to Landlord, within 10 ten days after Landlord delivers to Tenant a notice of such increase, the amount of such increase.
5.5.2. Furthermore, Tenant No noxious or unreasonably offensive activity shall take all reasonable precautions to prevent any noxious activity from being be carried on, inin or upon the Premises by Tenant or Tenant's Invitees, on, or around the Premises, and to prevent nor shall anything from being be done or kept in, on, or around in the Premises that which may be or become a public nuisance or that which may cause unreasonable embarrassment, disturbance, or annoyance to others in the Project, or on adjacent or nearby property. For exampleTo that end, Tenant additionally covenants and agrees that no light shall take all reasonable measures to eliminate or minimize any noxious odors emanating be emitted from the PremisesPremises which is unreasonably bright or causes unreasonable glare; providedno sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, howeveron the Project, if or on adjacent or near-by property.
5.5.3. No unsightliness shall be permitted in Landlord’s reasonable opinion, the vivarium Premises which is producing offensive or noxious odors, Tenant shall install and maintain carbon filters (at its sole costs), but visible from the filter-housing will be provided by Landlord at its costsCommon Areas. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions materials shall be kept enclosed within the PremisesPremises and screened from view or in Common Areas trash enclosures; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises and promptly and properly disposed of.
5.5.4. The Premises shall not be used for sleeping or in washing clothes, nor shall the Premises be used for cooking or the preparation, manufacture, or mixing of anything that might emit any trash areas in offensive odor or objectionable noises or lights onto the Project designated or nearby properties. Additionally, Tenant shall be responsible for damage to the Project caused by Landlord (provided that Landlord has provided adequate trash areas for any deliverymen who are at the Project); and all Project to deliver goods to Tenant.
5.5.5. All pipes, wires, conduit, cabling, poles, antennas, and other equipment/facilities for utilities or relating to utilities, telecommunications, computer equipment, or the transmission or reception of audio or visual signals shall must be kept and maintained enclosed within the PremisesPremises (except to the extent included as part of Landlord's Work, Tenant's Work, or otherwise approved by Landlord).
5.5.6. Tenant may shall not keep or permit to be kept any motorcycle, or other vehicle, nor any animal (excluding certified service seeing-eye dogs), bird, reptile, or other exotic creature in, on or around in the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below.
5.5.7. Neither Tenant nor Tenant’s 's Invitees may shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. Tenant shall be responsible for all structural engineering required to determine structural load for items placed in the Premises by Tenant. Tenant shall fasten all files, bookcases, and like furnishings to walls in a manner to prevent tipping over in the event of earth movements. Landlord shall not be responsible for any damage or liability for such events. No machinery, equipment, apparatus, or other appliance may shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. Tenant shall ensure that none Project or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its employeesaffiliates), agents including, without limitation, interference with transmission and reception of telephone, telecommunications, television, radio, or Tenant’s Invitees prop open any doors or window or circumvent any security for the Projectsimilar signals.
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