Common use of Operation by Tenant Clause in Contracts

Operation by Tenant. A. Subject to Section 8.4 below, Tenant covenants and agrees that it will: not place or maintain any vending machines in any vestibule or entry of the Premises or outside the Premises, not permit any gaming or gaming devices in the Premises without the prior written consent of Landlord (which consent may be withheld in Landlord’s sole discretion); dispose of garbage, trash, rubbish and other refuse in containers provided outside the Premises by Landlord and remove the same regularly, as needed; keep all mechanical equipment within the Premises free of unreasonable vibration and noise and in good working order and condition; not commit or permit waste or a nuisance upon the Premises; not permit or cause objectionable odors to emanate or be dispelled from the Premises (provided that normal restaurant odors shall not be deemed a violation of the foregoing); not distribute advertising matter in or upon any Common Areas; not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefor; comply with all laws, recommendations, ordinances, rules and regulations of governmental authorities and agencies with respect to the specific use or occupancy of the Premises by Tenant, including but not limited to the Occupational Safety and Health Act and the Americans with Disabilities Act of 1990 (provided that Landlord shall, at Landlord’s expense, be responsible for complying with all laws of general applicability, without regard to Tenant’s specific use); and not permit any noxious, toxic or corrosive fuel or gas on the Premises. B. Tenant acknowledges that Landlord’s security department and security officers are not responsible for providing security services in the Premises and that all such responsibility is the obligation of Tenant. Tenant shall exercise its reasonable business judgment as to whether it shall employ its own security personnel. In no event shall Landlord be liable to Tenant or any third-party for the security department’s failure to respond to a request for aid or assistance by Tenant.

Operation by Tenant. A. Subject to Section 8.4 below(a) Tenant, Tenant covenants and agrees that it will: not place or maintain any vending machines in any vestibule or entry of the Premises or outside the Premisesat Tenant's expense, not permit any gaming or gaming devices in the Premises without the prior written consent of Landlord (which consent may be withheld in Landlord’s sole discretion); dispose of garbage, trash, rubbish and other refuse in containers provided outside the Premises by Landlord and remove the same regularly, as needed; keep all mechanical equipment within the Premises free of unreasonable vibration and noise and in good working order and condition; not commit or permit waste or a nuisance upon the Premises; not permit or cause objectionable odors to emanate or be dispelled from the Premises (provided that normal restaurant odors shall not be deemed a violation of the foregoing); not distribute advertising matter in or upon any Common Areas; not permit the loading or unloading or the parking or standing of delivery vehicles outside any area designated therefor; comply with all laws, recommendationsrules, orders, ordinances, rules directions, regulations and regulations requirements of governmental federal, state, county and municipal authorities and agencies with respect regardless of when they become effective, pertaining to the specific Tenant's use or occupancy of the Premises and with any covenants, conditions and restrictions, including, without limitation, all applicable federal, state and local laws, regulations or ordinances pertaining to air, soil and water quality, Hazardous Materials (as defined below), waste disposal, air emissions and other environmental, health and safety, zoning and land use matters, including all Environmental Requirements (as defined below), the Americans with Disabilities Act or similar laws (as amended, “ADA”) and with any directive or order of any public officer or officers, pursuant to law, which impose any duty upon Landlord or Tenant with respect to the use or occupancy of the Premises (the “Legal Requirements”). Landlord is not aware of and has no reason to believe there are any such circumstances or conditions in or on the premises or the property other than the proper use, storage and disposal of certain materials customarily used in Tenants light manufacturing activities within the premises. (b) Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floors or structure of the Premises or Building or subject the Premises to use that would damage the Premises, the Building or the Project. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project or any adjacent or neighboring property owners or occupants. In no event may Tenant engage in any action or inaction which would cause a change in the zoning classification (including any variances or so-called “grandfathered” benefits) which is currently applicable to the Premises. Outside storage, including without limitation, storage of non-operational trucks, trailers and other vehicles, parts and supplies is prohibited without Landlord’s prior written consent. Tenant shall not use the Premises and areas surrounding the Premises as a place of public accommodation under the ADA or similar laws. Tenant shall not conduct an auction, liquidation, or going out of business sale on the Premises or areas surrounding the Premises, including the Common Areas (as defined in this Lease) without Landlord’s prior written consent. (c) Tenant shall be responsible, at its sole cost and expense, for obtaining and keeping in full force and effect, under the terms of the Legal Requirements, any and all permits, approvals, authorizations and/or licenses which are required or necessary for the use and/or occupation of the Premises, or to establish, operate, and conduct its business operations in the Premises, as well as for any specific new permits, approvals, authorizations and/or licenses that may be required or necessary for carrying out Tenant made alterations or Tenant Additions (defined below). (d) Tenant shall supply and maintain at its expense any fire extinguishers or other fire prevention equipment or systems relating to or required by Tenant’s use of the Premises as required by Legal Requirements. Tenant shall be responsible for all keys and security of the Premises at its sole cost and expense. (e) Landlord shall have the exclusive right to use, rent or exploit for any purpose (provided Landlord’s use does not unreasonably interfere with or restrict Tenant’s use of the Building or Premises) the roof and exterior walls of the Building or Premises, or any other areas of the Project, including but not limited to erecting signs or other structures on or over all or any part of the Occupational Safety same, erecting scaffolds and Health Act other aids to the construction and installation of the Americans with Disabilities Act of 1990 (provided that Landlord shallsame, at Landlord’s expenseand installing, be responsible for complying with all laws of general applicabilitymaintaining, without regard using, repairing, and replacing pipes, ducts, solar and electronic systems or devices, conduits and wires leading through, to Tenant’s specific use); or from the Building and not permit any noxious, toxic or corrosive fuel or gas on the Premises. B. Tenant acknowledges that Landlord’s security department and security officers are not responsible for providing security services in the Premises and that all such responsibility is serving other parts of the obligation of TenantProject. Tenant shall exercise its reasonable business judgment have no right whatsoever to use the exterior walls or roof of the Building or Premises in the Building, except as to whether it otherwise provided in this Lease. Tenant shall employ its own security personnel. In no event shall Landlord be liable to Tenant not penetrate in any manner the exterior walls or any third-party for roof of the security department’s failure to respond to a request for aid Building or assistance by TenantPremises.