Common use of Manner of Use Clause in Contracts

Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will not cause or permit the Premises to be used in any way which (i) constitutes a violation of any Legal Requirements (as defined below) or the rules and regulations (the “Rules and Regulations”) established by Landlord, a copy of which is attached as Exhibit C, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or interferes with the rights of tenants of the Property, or (iii) constitutes a nuisance or waste or will invalidate any insurance carried by Landlord. Tenant will obtain and pay for all necessary permits, including a certificate of occupancy, and will promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notes, regulations, orders, recorded declarations, covenants and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the Premises, including, without limitation, the Occupational Safety and Health Act and the Americans With Disabilities Act. b) Without limiting any other provision of this Lease, Landlord agrees that certain Representatives of Tenant shall have unrestricted 24/7/365 access to the Premises, (i) subject to any Landlord imposed security requirements or measures or any other closures of the Property by Landlord resulting from any Casualty or any other reasonable purpose, and (ii) provided further that Landlord shall have no responsibility or liability and Tenant shall assume all responsibility and liability and shall indemnify and hold Landlord harmless for any damage to any property or injury to or death of any person in, upon or about the Premises or the Property arising at any time from such unrestricted access. c) Notwithstanding the foregoing, Tenant understands and acknowledges that Landlord shall in no event be liable to Tenant or to any other third-party, and Tenant waives all claims or liability against Landlord and shall indemnify and hold Landlord harmless in connection with any access (restricted or unrestricted) to the Premises and/or to the Property.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (ProFrac Holding Corp.), Industrial Lease (ProFrac Holding Corp.)

Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will shall not cause or permit the Premises Property to be improved, developed, or used in any way which (i) constitutes a violation of any Legal Requirements law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any “green building” ordinance, law or regulation (as defined below) collectively, “Applicable Laws”), or the rules and regulations (the “Rules and Regulations”) established by Landlord, a copy of which is attached as Exhibit C, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or unreasonably interferes with the rights of other tenants of the PropertyLandlord, or (iii) which constitutes a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Consistent with the terms of Article Fourteen below and the Tenant will Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all necessary permits, including a certificate permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s occupancy of occupancythe Building, and will for all business licenses relating to Tenant’s occupancy of the Building and the operation of its business, and shall promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notesrules, regulations, orders, recorded declarations, covenants orders and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the PremisesProperty, including, including without limitation, limiting to the Occupational Safety and Health Act Act. Tenant shall, at its sole cost and the Americans With Disabilities Act. bexpense, promptly comply with any Applicable Laws which relate to (or are triggered by) Without limiting any other provision of this Lease, Landlord agrees that certain Representatives of Tenant shall have unrestricted 24/7/365 access to the Premises, (i) subject to any Landlord imposed security requirements or measures or any other closures Tenant’s use of the Property by Landlord resulting from any Casualty or any other reasonable purposeProperty, and (ii) provided further that Landlord shall have no responsibility any alteration or liability any Improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant shall assume all responsibility agrees, at its sole cost and liability and shall indemnify and hold Landlord harmless for any damage expense, to any property comply promptly with such standards or injury to or death regulations. The judgment of any person in, upon or about the Premises court of competent jurisdiction or the Property arising at admission of Tenant in any time from such unrestricted access. c) Notwithstanding the foregoingjudicial action, regardless of whether Landlord is a party thereto, that Tenant understands and acknowledges has violated any Applicable Laws, shall be conclusive of that Landlord shall in no event be liable to Tenant or to any other third-party, and Tenant waives all claims or liability against fact as between Landlord and shall indemnify and hold Landlord harmless in connection with any access (restricted or unrestricted) to the Premises and/or to the PropertyTenant.

Appears in 2 contracts

Sources: Land Lease (Switch, Inc.), Land Lease (Switch, Inc.)

Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will shall not cause or permit the Premises to be improved or used in any way which (i) constitutes a violation of any Legal Requirements (as defined below) or the rules and regulations (the “Rules and Regulations”) established by Landlordapplicable law, a copy of which is attached as Exhibit Cstatute, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or interferes with the rights of tenants of the Propertyordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any future applicable “green building” ordinance, law or regulation or any ordinance, law, or regulation concerning the cultivation, production, and sale of controlled substances (iii) collectively, “Applicable Laws”), or which constitutes a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Tenant will shall obtain and pay for all necessary permits, including a certificate permits required for Tenant’s occupancy of occupancythe Premises, and will for all business licenses, and shall promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notesrules, regulations, orders, recorded declarations, covenants orders and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the Premises, including without limiting to the Occupational Safety and Health Act. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, without limitation, fire extinguishers) that may be required by the Occupational Safety fire department or any governmental agency based on Tenant’s use. Tenant shall, at its sole cost and Health Act and the Americans With Disabilities Act. bexpense, promptly comply with any Applicable Laws which relate to (or are triggered by) Without limiting any other provision of this Lease, Landlord agrees that certain Representatives of Tenant shall have unrestricted 24/7/365 access to the Premises, (i) subject to any Landlord imposed security requirements or measures or any other closures Tenant’s use of the Property by Landlord resulting from any Casualty or any other reasonable purposePremises, and (ii) provided further that Landlord shall have no responsibility any alteration or liability any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health, environmental or safety standards, then Tenant shall assume all responsibility agrees, at its sole cost and liability expense, to comply promptly with such standards or regulations, including, without limitation, any governmental requirement to obtain and shall indemnify and hold Landlord harmless maintain permits for any damage to any property the use or injury to or death operation of any person in, upon or about equipment at the Premises or regulating effluent discharges in the Property arising course of Tenant's operations at the Premises. The final judgment of any time from such unrestricted access. c) Notwithstanding court of competent jurisdiction or the foregoingadmission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant understands and acknowledges has violated any Applicable Laws, shall be conclusive of that Landlord shall in no event be liable to Tenant or to any other third-party, and Tenant waives all claims or liability against fact as between Landlord and Tenant. Tenant shall indemnify and hold promptly notify Landlord harmless in connection with writing of any access (restricted or unrestricted) to water infiltration at the Premises and/or to the PropertyPremises.

Appears in 1 contract

Sources: Membership Interest Purchase Agreement (MJ Holdings, Inc.)

Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will shall not cause or permit the Premises Property to be improved, developed, or used in any way which (i) constitutes a violation of any Legal Requirements law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated (as defined below) collectively, “Applicable Laws”), or the rules and regulations (the “Rules and Regulations”) established by Landlord, a copy of which is attached as Exhibit C, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or unreasonably interferes with the rights of other tenants of the PropertyLandlord, or (iii) which constitutes a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Tenant will shall obtain and pay for all necessary permits, including a certificate permits required for Tenant’s specific use and occupancy of occupancythe Property, and will for Industrial Lease—Atlanta Dendreon Corporation all business licenses, and shall promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notesrules, regulations, orders, recorded declarations, covenants orders and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the PremisesProperty, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, Landlord shall, at Tenant’s sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, but not limited to, fire extinguishers) that may be required by the fire department or any governmental agency because of Tenant’s specific use of the Property. It shall be considered a Tenant Delay under Article Fourteen below if a delay in obtaining such permit thereby delays or affects Landlord’s receipt of governmental permits, approvals or certificates of occupancy. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the Property, and (ii) any alteration or any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that ▇▇▇▇▇▇ has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately notify Landlord in writing of any water infiltration at the Property of which ▇▇▇▇▇▇ becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements in accordance with Applicable Laws, including, without limitation, the Occupational Safety and Health Act and the Americans With with Disabilities Act. b) Without limiting any other provision of this Lease, Landlord agrees that certain Representatives of Tenant shall have unrestricted 24/7/365 access to the Premises, (i) subject to any Landlord imposed security requirements or measures or any other closures of the Property by Landlord resulting from any Casualty or any other reasonable purpose, and (ii) provided further that Landlord shall have no responsibility or liability and Tenant shall assume all responsibility and liability and shall indemnify and hold Landlord harmless for any damage to any property or injury to or death of any person in, upon or about the Premises or the Property arising at any time from such unrestricted access. c) Notwithstanding the foregoing, Tenant understands and acknowledges that Landlord shall in no event be liable to Tenant or to any other third-party, and Tenant waives all claims or liability against Landlord and shall indemnify and hold Landlord harmless in connection with any access (restricted or unrestricted) to the Premises and/or to the Property.

Appears in 1 contract

Sources: Standard Industrial Real Estate Lease (Dendreon Corp)

Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will shall not cause or permit the Premises to be improved or used in any way which (i) constitutes a violation of any Legal Requirements (as defined below) or the rules and regulations (the “Rules and Regulations”) established by Landlordapplicable law, a copy of which is attached as Exhibit Cstatute, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or interferes with the rights of tenants of the Propertyordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any future applicable “green building” ordinance, law or regulation or any ordinance, law, or regulation concerning the cultivation, production, and sale of controlled substances (iii) collectively, “Applicable Laws”), or which constitutes a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Tenant will shall obtain and pay for all necessary permits, including a certificate permits required for Tenant’s occupancy of occupancythe Premises, and will for all business licenses, and shall promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notesrules, regulations, orders, recorded declarations, covenants orders and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the Premises, including without limiting to the Occupational Safety and Health Act. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, without limitation, fire extinguishers) that may be required by the Occupational Safety fire department or any governmental agency based on Tenant’s use. Tenant shall, at its sole cost and Health Act and the Americans With Disabilities Act. bexpense, promptly comply with any Applicable Laws which relate to (or are triggered by) Without limiting any other provision of this Lease, Landlord agrees that certain Representatives of Tenant shall have unrestricted 24/7/365 access to the Premises, (i) subject to any Landlord imposed security requirements or measures or any other closures Tenant’s use of the Property by Landlord resulting from any Casualty or any other reasonable purposePremises, and (ii) provided further that Landlord shall have no responsibility any alteration or liability any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health, environmental or safety standards, then Tenant shall assume all responsibility agrees, at its sole cost and liability expense, to comply promptly with such standards or regulations, including, without limitation, any governmental requirement to obtain and shall indemnify and hold Landlord harmless maintain permits for any damage to any property the use or injury to or death operation of any person in, upon or about equipment at the Premises or regulating effluent discharges in the Property arising course of Tenant’s operations at the Premises. The final judgment of any time from such unrestricted access. c) Notwithstanding court of competent jurisdiction or the foregoingadmission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant understands and acknowledges has violated any Applicable Laws, shall he conclusive of that Landlord shall in no event be liable to Tenant or to any other third-party, and Tenant waives all claims or liability against fact as between Landlord and Tenant. Tenant shall indemnify and hold promptly notify Landlord harmless in connection with writing of any access (restricted or unrestricted) to water infiltration at the Premises and/or to the PropertyPremises.

Appears in 1 contract

Sources: Lease Agreement (MJ Holdings, Inc.)

Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will shall not cause or permit the Premises Property to be used in any way which (i) constitutes a violation of any Legal Requirements law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated (as defined below) collectively, "APPLICABLE LAWS"), or the rules and regulations (the “Rules and Regulations”) established by Landlord, a copy of which is attached as Exhibit C, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or unreasonably interferes with the rights of other tenants of the PropertyLandlord, or (iii) which constitutes a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Tenant will shall obtain and pay for all necessary permits, including a certificate permits required for Tenant's occupancy of occupancythe Property, and will for all business licenses, and shall promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notesrules, regulations, orders, recorded declarations, covenants orders and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the PremisesProperty, including, including without limitation, limiting to the Occupational Safety and Health Act and Act. Notwithstanding the Americans With Disabilities Act. b) Without limiting any other provision of this Leaseforegoing, Landlord agrees shall, at Tenant's sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant's sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems that certain Representatives may be required by the fire department or any governmental agency, save and except for the standard ESFR fire suppression systems and pump and any such valves, draft curtains, smoke venting and additional fire protection systems that are part of the Building Shell Improvements to be constructed at Landlord's cost and expense. Tenant shall have unrestricted 24/7/365 access shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to the Premises, (or are triggered by) (i) subject to any Landlord imposed security requirements or measures or any other closures Tenant's use of the Property by Landlord resulting from any Casualty or any other reasonable purposeProperty, and (ii) provided further any alteration or any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations so long as Tenant is not actively contesting the same. The final, unappealed or unappealable judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord shall have no responsibility or liability and Tenant. Tenant shall assume all responsibility and liability and shall indemnify and hold promptly notify Landlord harmless for any damage to any property or injury to or death in writing of any person in, upon or about the Premises or water infiltration at the Property arising at any time from such unrestricted access. c) Notwithstanding indicating the foregoing, Tenant understands need for a repair that is the responsibility of Landlord under this Lease and acknowledges that Landlord shall in no event be liable to Tenant or to any other third-party, and Tenant waives all claims or liability against Landlord and shall indemnify and hold Landlord harmless material water infiltration in connection with any access (restricted or unrestricted) to the Premises and/or to the PropertyBuilding.

Appears in 1 contract

Sources: Lease Agreement (Sierra Pacific Resources /Nv/)

Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will shall not cause or permit the Premises Property to be improved, developed, or used in any way which (i) constitutes a violation of any Legal Requirements law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any “green building” ordinance, law or regulation (as defined below) collectively, “Applicable Laws”), or the rules and regulations (the “Rules and Regulations”) established by Landlord, a copy of which is attached as Exhibit C, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or unreasonably interferes with the rights of other tenants of the PropertyLandlord, or (iii) which constitutes a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Tenant will shall obtain and pay for all necessary permits, including a certificate permits required for Tenant’s occupancy of occupancythe Property, and will for all business licenses, and shall promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notesrules, regulations, orders, recorded declarations, covenants orders and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the PremisesProperty, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, Landlord shall, at Tenant’s sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain from the applicable governmental authority a High Pile Stock Permit (or comparable permit), if needed. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, without limitation, fire extinguishers) that may be required by the Occupational Safety fire department or any governmental agency because of Tenant’s specific use of the Property. Tenant shall, at its sole cost and Health Act and the Americans With Disabilities Act. bexpense, promptly comply with any Applicable Laws which relate to (or are triggered by) Without limiting any other provision of this Lease, Landlord agrees that certain Representatives of Tenant shall have unrestricted 24/7/365 access to the Premises, (i) subject to any Landlord imposed security requirements or measures or any other closures Tenant’s use of the Property by Landlord resulting from any Casualty or any other reasonable purposeProperty, and (ii) provided further any alteration or any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord shall have no responsibility or liability and Tenant. Tenant shall assume all responsibility and liability and shall indemnify and hold immediately notify Landlord harmless for any damage to any property or injury to or death in writing of any person in, upon or about the Premises or water infiltration at the Property arising at any time from such unrestricted accessof which Tenant becomes aware. c) Notwithstanding the foregoing, Tenant understands and acknowledges that Landlord shall in no event be liable to Tenant or to any other third-party, and Tenant waives all claims or liability against Landlord and shall indemnify and hold Landlord harmless in connection with any access (restricted or unrestricted) to the Premises and/or to the Property.

Appears in 1 contract

Sources: Industrial Lease (Switch, Inc.)

Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will shall not cause or permit the Premises Property to be improved, developed, or used in any way which (i) constitutes a violation of any Legal Requirements law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any “green building” ordinance, law or regulation (as defined below) collectively, “Applicable Laws”), or the rules and regulations (the “Rules and Regulations”) established by Landlord, a copy of which is attached as Exhibit C, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or unreasonably interferes with the rights of other tenants of the PropertyLandlord, or (iii) which constitutes a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Consistent with the terms of Article Fourteen below and the Tenant will Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all necessary permits, including a certificate permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s occupancy of occupancythe Building, and will for all business licenses relating to Tenant’s occupancy of the Building and the operation of its business, and shall promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notesrules, regulations, orders, recorded declarations, covenants orders and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the PremisesProperty, including, including without limitation, limiting to the Occupational Safety and Health Act Act. Tenant shall, at its sole cost and the Americans With Disabilities Act. bexpense, promptly comply with any Applicable Laws which relate to (or are triggered by) Without limiting any other provision of this Lease, Landlord agrees that certain Representatives of Tenant shall have unrestricted 24/7/365 access to the Premises, (i) subject to any Landlord imposed security requirements or measures or any other closures Tenant’s use of the Property by Landlord resulting from any Casualty or any other reasonable purposeProperty, and (ii) provided further that Landlord shall have no responsibility any alteration or liability any Improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant shall assume all responsibility agrees, at its sole cost and liability and shall indemnify and hold Landlord harmless for any damage expense, to any property comply promptly with such standards or injury to or death regulations. The judgment of any person in, upon or about the Premises court of competent jurisdiction or the Property arising at admission of Tenant in any time from such unrestricted access. c) Notwithstanding the foregoingjudicial action, Tenant understands and acknowledges regardless of whether Landlord is a party thereto, that Landlord ▇▇▇▇▇▇ has violated any Applicable Laws, shall in no event be liable to Tenant or to any other third-party, and Tenant waives all claims or liability against conclusive of that fact as between Landlord and shall indemnify and hold Landlord harmless in connection with any access (restricted or unrestricted) to the Premises and/or to the PropertyTenant.

Appears in 1 contract

Sources: Land Lease (Switch, Inc.)

Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will shall not cause or permit the Premises Property to be improved, developed, or used in any way which (i) constitutes a violation of any Legal Requirements law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated (as defined below) collectively, “Applicable Laws”), or the rules and regulations (the “Rules and Regulations”) established by Landlord, a copy of which is attached as Exhibit C, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or unreasonably interferes with the rights of other tenants of the PropertyLandlord, or (iii) which constitutes a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Tenant will shall obtain and pay for all necessary permits, including a certificate permits required for Tenant’s occupancy of occupancythe Property, and will for all business licenses relating to Tenant’s occupancy of the Property and the operation of its business, and shall promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notesrules, regulations, orders, recorded declarations, covenants orders and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the PremisesProperty, including, including without limitation, limiting to the Occupational Safety and Health Act and Act. Notwithstanding the Americans With Disabilities Act. b) Without limiting any other provision of this Leaseforegoing, Landlord agrees shall, at Tenant’s sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems that certain Representatives of may be required by the fire department or any governmental agency. Tenant shall have unrestricted 24/7/365 access shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to the Premises, (or are triggered by) (i) subject to any Landlord imposed security requirements or measures or any other closures Tenant’s use of the Property by Landlord resulting from any Casualty or any other reasonable purposeProperty, and (ii) provided further any alteration or any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord shall have no responsibility or liability and Tenant. Tenant shall assume all responsibility and liability and shall indemnify and hold immediately notify Landlord harmless for any damage to any property or injury to or death in writing of any person in, upon or about the Premises or the Property arising water infiltration at any time from such unrestricted access. c) Notwithstanding the foregoing, Tenant understands and acknowledges that Landlord shall in no event be liable to Tenant or to any other third-party, and Tenant waives all claims or liability against Landlord and shall indemnify and hold Landlord harmless in connection with any access (restricted or unrestricted) to the Premises and/or to the Property.

Appears in 1 contract

Sources: Industrial Lease (Switch, Inc.)