Common use of Permissible Use Clause in Contracts

Permissible Use. The Lessee shall during the continuance of this lease, conduct upon said Demised Premises a printing and/or office supply and furniture business and shall neither use nor suffer the same to be used for any other purpose without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. Lessee shall conduct and manage the Demised Premises in proper and orderly manner and will not allow the Demised Premises or any part thereof to be used for any illegal or immoral purpose and will not carry on or permit upon said Demised Premises any offensive, noisy, or dangerous trade, business, manufacture or occupation of a nuisance. Lessee shall not alter the drainage of the Premises. Lessor hereby represents and warrants to the best of their knowledge that (i) no "Hazardous Substances," as defined hereinafter, have been discharged, dispersed, released, stored, treated, generated, disposed of or allowed to escape on the Premises prior to the date of this Lease; (ii) the operations of the business of The ▇▇▇▇▇▇ Company (the "Company) on the Demised Premises and the buildings in which it is conducted conform with all applicable restrictive covenants, deeds and restrictions and all applicable Federal, state and local laws, ordinances and regulations (including those relating to zoning and environmental protection), and such buildings and operations do not encroach upon, and are not encroached upon by, property of others; and all buildings or operations of Company and the business that are subject to the Occupational Safety and Health Act of 1970, as amended, comply with employee working conditions as prescribed by such Act; (iii) the Demised Premises have no underground storage tanks, either empty or containing any liquid, including but without limitation solvents, fuel or waste oil, on any premises used in its business; (iv) Company has obtained all permits, licenses and other authorizations and filed all notices which are required to be obtained or filed by Company for the operation of its business on the Demised Premises under Federal, state and local laws relating to pollution, protection of the environment or waste disposal ("Environmental Laws"); (v) the Company is in compliance in all respects (a) with all terms and conditions of all required permits, licenses and authorizations; and (b) all other applicable limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in the Environmental Laws or contained in any law, regulation, code, plan, order, decree, judgment, notice or demand letter issued, entered, promulgated or approved thereunder; (vi) there are no past or present events, conditions, circumstances, activities, practices, incidents, actions or plans which may interfere with or prevent continued compliance in all respects, or which may give rise to any common law or statutory liability, or otherwise form the basis of any claim, action, suit, proceeding, hearing or investigation, based on or related to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling, or the emission, discharge, release or threatened release into the environment, of any pollutant, contaminant, waste or hazardous or toxic material with respect to the Demised Premises, the Company or its businesses, properties or plants; and (vii) the properties and plants of Company do not contain asbestos or PCBs in any form. The Lessor shall, at their expense, take all necessary remedial action(s) in response to the presence of any "Hazardous Substances" (as defined hereinafter) in, on, under or about the Premises which occurred prior to the date of this lease. The Lessor shall be solely responsible for, and shall indemnify and hold harmless the Lessee, its directors, officers, employees, agents, successors and assigns from and against any loss, cost, expense or liability of any kind directly or indirectly arising out of or attributable to the use, generation, storage, release, threatened release, discharge, disposal, or presence of Hazardous Substances in, on, under or about the Premises which occurred prior to the date of this lease, including, without limitation: (i) all foreseeable consequential damages; (ii) the costs of any required or necessary repair, cleanup or detoxification of the Premises, and the preparation and implementation of any closure, remedial or other required plans; and (iii) all reasonable costs and expenses incurred by the Lessee in connection with any of the matters addressed in this paragraph, including but not limited to reasonable attorney's fees and experts' fees.

Appears in 1 contract

Sources: Lease Agreement (Champion Industries Inc)

Permissible Use. The Lessee shall during the continuance of this lease, conduct upon said Demised Premises a printing and/or office supply and furniture business and shall neither use nor suffer the same to be used for any other purpose without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. Lessee shall conduct and manage the Demised Premises in proper and orderly manner and will not allow the Demised Premises or any part thereof to be used for any illegal or immoral purpose and will not carry on or permit upon said Demised Premises any offensive, noisy, or dangerous trade, business, manufacture or occupation of a nuisance. Lessee shall not alter the drainage of the Premises. Lessor hereby represents and warrants to the best of their knowledge that (i) no "Hazardous Substances," ", as defined hereinafter, have been discharged, dispersed, released, stored, treated, generated, disposed of or allowed to escape on the Premises prior to the date of this Lease; (ii) the operations of the business of The ▇▇▇▇▇▇ Merten Company (the "Company") on the Demised ▇▇▇ ▇▇mised Premises and the buildings building in which it is conducted conform with all applicable restrictive covenants, deeds and restrictions and all applicable Federal, state and local laws, ordinances and regulations (including those relating to zoning and environmental protection), and such buildings and operations do not encroach upon, and are not encroached upon by, property of others; and all buildings or operations of Company and the business that are subject to the Occupational Safety and Health Act of 1970, as amended, comply with employee working conditions as prescribed by such Act; (iii) the Demised Premises have no underground storage tanks, either empty or containing any liquid, including but without limitation solvents, fuel or waste oil, on any premises used in its business; (iv) Company has obtained all permits, licenses and other authorizations and filed all notices which are required to be obtained or filed by Company for the operation of its business on the Demised Premises under Federal, state and local laws relating to pollution, protection of the environment or waste Exhibit (10.1)-p2 Exhibit Section Exhibit (10.1) disposal ("Environmental Environment Laws"); (v) the Company is in compliance in all respects (a) with will all terms and conditions of all required permits, licenses and authorizations; and (b) all other applicable limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in the Environmental Laws or contained in any law, regulation, code, plan, order, decree, judgment, notice or demand letter issued, entered, promulgated or approved thereunderthere under; (vi) there are no past or present events, conditions, circumstances, activities, practices, incidents, actions or plans which may interfere with or prevent continued compliance in all respects, or which may give rise to any common law or statutory liability, or otherwise form the basis of any claim, action, suit, proceeding, hearing or investigation, based on or related to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling, or the emission, discharge, release or threatened release into the environment, of any pollutant, contaminant, waste or hazardous or toxic material with respect to the Demised Premises, the Company or its businesses, properties or plants; and (vii) the properties and plants of Company do not contain asbestos or PCBs in any form. The Lessor shall, at their expense, take all necessary remedial action(s) in response to the presence of any "Hazardous Substances" (as an defined hereinafter) in, on, under or about the Premises which occurred prior to the date of this lease. The Lessor shall be solely responsible for, and shall indemnify and hold harmless the Lessee, its directors, officers, employees, agents, successors and assigns from and against any loss, cost, expense or liability of any kind directly or indirectly arising out of or attributable to the use, generation, storage, release, threatened release, discharge, disposal, or presence of Hazardous Substances in, on, under or about the Premises which occurred prior to the date of this lease, including, without limitation: (i) all foreseeable consequential damages; (ii) the costs of any required or necessary repair, cleanup or detoxification of the Premises, and the preparation and implementation of any closure, remedial or other required plans; and (iii) all reasonable costs and expenses incurred by the Lessee in connection with any of the matters addressed in this paragraph, including but not limited to reasonable attorney's fees and experts' fees.

Appears in 1 contract

Sources: Lease Agreement (Champion Industries Inc)

Permissible Use. The Lessee shall during the continuance of this lease, conduct upon said Demised Premises a printing and/or office supply and furniture business and shall neither use nor suffer the same to be used for any other purpose without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. Lessee shall conduct and manage the Demised Premises in proper and orderly manner and will not allow the Demised Premises or any part thereof to be used for any illegal or immoral purpose and will not carry on or permit upon said Demised Premises any offensive, noisy, or dangerous trade, business, manufacture or occupation of a nuisance. Lessee shall not alter the drainage of the Premises. Lessee acknowledges that it has for some time been in possession of the Premises and understands and agrees that if Lessee's actions have created or hereafter have the effect of creating a nuisance or interference with the lawful rights of any other parties or may constitute a violation of any law, ordinance, rule, regulation or the like, then Lessee shall be responsible for taking all corrective action in relation thereto and with respect to which Lessor shall cooperate at Lessee's sole cost and expense. Lessee hereby represents and warrants to the best of their knowledge that (i) no "Hazardous Substances," ", as defined hereinafter, have been or will be discharged, dispersed, released, stored, treated, generated, disposed of of, or allowed to escape on the Premises prior to the date Premises. For purposes of this Lease; lease, "Hazardous Substances" shall mean and include those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (ii"EPA") the operations of the business of The ▇▇▇▇▇▇ Company (the "Company) on the Demised Premises and the buildings list of toxic pollutants designated by Congress or the EPA or defined by or in which it is conducted conform with all applicable restrictive covenants, deeds and restrictions and all applicable or pursuant to 42 U.S.C. §9601 or any other Federal, state and or local lawsstatute, ordinances and regulations (including those relating to zoning and environmental protection)law, and such buildings and operations do not encroach uponordinance, and are not encroached upon bycode, property of others; and all buildings or operations of Company and the business that are subject to the Occupational Safety and Health Act of 1970, as amended, comply with employee working conditions as prescribed by such Act; (iii) the Demised Premises have no underground storage tanks, either empty or containing any liquid, including but without limitation solvents, fuel or waste oil, on any premises used in its business; (iv) Company has obtained all permits, licenses and other authorizations and filed all notices which are required to be obtained or filed by Company for the operation of its business on the Demised Premises under Federal, state and local laws relating to pollution, protection of the environment or waste disposal ("Environmental Laws"); (v) the Company is in compliance in all respects (a) with all terms and conditions of all required permits, licenses and authorizations; and (b) all other applicable limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in the Environmental Laws or contained in any lawrule, regulation, codeorder or decree regulating, plan, order, decree, judgment, notice or demand letter issued, entered, promulgated or approved thereunder; (vi) there are no past or present events, conditions, circumstances, activities, practices, incidents, actions or plans which may interfere with or prevent continued compliance in all respectsrelating to, or which may give rise to imposing liability or standards of conduct concerning any common law hazardous, toxic or statutory liabilitydangerous waste, substance or otherwise form the basis of material, as now or at any claim, action, suit, proceeding, hearing or investigation, based on or related to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling, or the emission, discharge, release or threatened release into the environment, of any pollutant, contaminant, waste or hazardous or toxic material with respect to the Demised Premises, the Company or its businesses, properties or plants; and (vii) the properties and plants of Company do not contain asbestos or PCBs time hereafter in any formeffect. The Lessor Lessee shall, at their its expense, take all necessary remedial action(s) in response to the presence of any "Hazardous Substances" (as defined hereinafter) Substances in, on, under or about the Premises which occurred prior to the date of this leasePremises. The Lessor Lessee shall be solely responsible for, and shall indemnify and hold harmless the LesseeLessor, its directors, officers, employees, agents, successors and assigns from and against any loss, cost, expense or liability of any kind directly or indirectly arising out of or attributable to the use, generation, storage, release, threatened release, discharge, disposal, or presence of Hazardous Substances in, on, under or about the Premises which occurred prior to the date of this leasePremises, including, without limitation: (i) all foreseeable consequential damages; (ii) the costs of any required or necessary repair, cleanup or detoxification of the Premises, and the preparation and implementation of any closure, remedial or other required plans; and (iii) all reasonable costs and expenses incurred by the Lessee Lessor in connection with any of the matters addressed in this paragraph, including but not limited to reasonable attorney's fees fees. The Lessee shall, upon the request of Lessor, provide the Lessor with a bond or letter of credit, in form and experts' feessubstance satisfactory to the Lessor, in an amount sufficient to cover the cost of any required remedial action.

Appears in 1 contract

Sources: Lease Agreement (Champion Industries Inc)