Prohibited Uses. (a) Tenant will not use, occupy or permit the use or occupancy of any of the Premises for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements. (b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations. (c) Tenant shall not commit or permit to remain any waste to any of the Premises. (d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way. (e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles. (f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 4 contracts
Sources: Master Lease Agreement (Nu Skin Enterprises Inc), Master Lease Agreement (Nu Skin Enterprises Inc), Master Lease Agreement (Nu Skin Enterprises Inc)
Prohibited Uses. (a) Tenant will not use, occupy or permit The Licensee shall use reasonable efforts to ensure that the Authorised Users are aware of the prohibitions on the use or occupancy of the Licensed Materials set out in this Licence and the Licensee shall use reasonable endeavours to ensure that its Authorised Users do not breach the prohibitions set out in this Licence in respect of their access to and use of the Licensed Materials. The Licensee shall be liable for any breach by Authorised Users of any of the Premises for any purpose or in any manner which is or may be, directly or indirectly, in violation provisions of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premisesthis Licence, including but not limited to zoning, environmental the provisions set out below.
b) Authorised Users may not:
i) Remove or alter the author’s name(s) or the publisher’s copyright notices or other means of identification or any and utility conservation matters (hereinafter “Legal Requirements”), (all disclaimers as they appear in the Licensed Materials;
ii) covenantsSystematically make print or electronic copies of multiple extracts or make multiple copies of any part of the Licensed Materials for any purpose other than that permitted by this Licence;
iii) Prepare derivative works or download, conditionsmount or distribute any part of the Licensed Material on any electronic system or network, including without limitation the Internet and the World Wide Web, other than by the Licensee’s Secure Network approved in advance by The Company of Biologists, except where expressly permitted under this Licence;
iv) Sell or resell the Licensed Materials unless The Company of Biologists has given prior written permission for the Authorised User to do so;
v) Alter, edit, abridge or otherwise modify the Licensed Materials or any part of them for any purpose whatsoever or incorporate any part of any Licensed Materials (whether in amended or unamended form) into any other work
vi) make any Commercial Use of the Licensed Material (in whole or in part); or
vii) provide access to and/or permit use of the Licensed Content by anyone, or restrictions applicable to such Premises and appearing of record in the office transmit any part of the county recorder Licensed Material (other than Metadata) by any means to anyone, other than an Authorised User, except as otherwise may be permitted under Appendix B (including by way of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirementsinter-library lending).
(bc) Tenant shall not keep The Licensee must seek and obtain The Company of Biologists’ permission prior to carrying out or permit attempting to be kept any substance in, or conduct or permit to be conducted any operation from, carry out any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrationsforegoing uses. Email ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant This clause 5) shall not install or permit continue to remain apply after termination of this Licence for any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any wayreason.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 4 contracts
Sources: Read and Publish Licence Agreement, Read and Publish Licence Agreement, Read and Publish Licence Agreement
Prohibited Uses. (a) Tenant will Throughout the Term, Landlord shall not usefurther develop the Property, occupy or permit other than consistent with the use or occupancy provisions of any this Lease, and, without limiting the generality thereof, no such further development shall be permitted if (1) the same would cause a violation of the Premises for any purpose provisions of Section 4.8(b) hereof or Section 14.20 hereof, or (2) the same would otherwise result in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances an increase in the amount of any governmental authority in any way applicable to Additional Rent payable by Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”)hereunder, (ii) covenantsany other cost or expense being imposed upon Tenant or any Tenant Party, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirementsany reduction in the value of the Leased Premises to Tenant or any Tenant Party, (iv) parking or traffic flow on the Property being adversely affected from the perspective of Tenant or any Tenant Party, (v) any reduction in the function or utility of the Common Areas (or any portion thereof) from the perspective of Tenant or any Tenant Party.
(b) Tenant Throughout the Term, Landlord shall not keep use, or permit the use of, the Property (or any part thereof) for any Prohibited Uses. The term “Prohibited Uses” shall mean (i) any use that emits an obnoxious odor, noise or sound that can be heard or smelled outside of the premises; (ii) any use in violation of zoning regulations or any other governmental restrictions applicable to the Property; (iii) any use that, by its nature, (even if such use is legally permissible) would result in parking or traffic flow on the Property being materially adversely affected from the perspective of Tenant or any Tenant Party; (iv) any operation primarily used as a warehouse or storage facility, assembling or manufacturing, distilling, refining, rendering, processing, smelting, agricultural or mining operations; (v) any mobile home park or sales, trailer court, labor camp, junk yard or stockyard; (vi) any central laundry, dry cleaning plant or laundromat; provided, however, this prohibition shall not be kept applicable to on-site services oriented only to pickup and delivery by consumers; (vii) any substance inautomobile, truck, trailer or recreational vehicle sales, leasing, display, repair or body shop; (viii) any living quarters, sleeping apartments, hotel or lodging rooms; (xi) veterinary hospitals, animal raising or breeding facilities, animal boarding facilities or pet shops; (x) mortuaries or funeral homes; (xi) any establishment that sells, rents or exhibits pornographic materials; (xii) massage parlors or any form of sexually oriented business (including novelty merchandise sales); (xiii) bars, taverns or brew pubs; (xiv) flea markets, amusement or video arcades, computer game rooms, pool or billiard halls, bingo halls, dance halls, discos or night clubs; (xv) sales of paraphernalia for use with illicit drugs; (xvi) carnivals, amusement parks or circuses; (xvii) pawn shops, auction houses, second hand stores, consignment shops, army/navy surplus stores or gun shops; (xviii) gambling facilities or sports betting parlor; (xix) churches, synagogues or other places of worship; (xx) assembly halls or meeting facilities; (xxi) technical or vocational schools or any other operation primarily engaged in education or training activities; (xxii) medical clinics, abortion clinics, medical laboratories or screening facilities; (xxiii) any agency (public or private) providing health, welfare, social or human services, or conduct (xxiv) tattoo parlors, fortune telling or permit to be conducted spiritual readings; (xxv) facilities that collect donated goods and products; (xxvi) bowling alleys, skating rinks, archery or gun ranges, (xxvii) postal facilities, tax collectors, tag agencies, jails or detention centers, courthouses or any operation fromother form of agency dealing with civil authority. Notwithstanding the foregoing, the term “Prohibited Uses” shall not include any use which is permitted under a third party tenant lease of space in the Building which is in effect as of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.Commencement Date. ________________________________________________________________________________________________________________________
Appears in 3 contracts
Sources: Lease (KBS Real Estate Investment Trust, Inc.), Lease (KBS Real Estate Investment Trust, Inc.), Lease (KBS Real Estate Investment Trust, Inc.)
Prohibited Uses. (a) Tenant will shall not useuse the Premises or allow the Premises to be used for any illegal or immoral purpose, occupy or permit so as to create waste, or constitute a private or public nuisance. Tenant shall not place any loads upon the floors, wails, or ceiling that endanger the structure, or overload existing electrical or other mechanical systems. Tenant shall not use any machinery or occupancy of equipment which causes any substantial noise or vibration. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any outside of the Premises which is not reasonably consistent with the Permitted Use except in trash containers placed inside exterior enclosures designated by Landlord for such Premises and which might emit offensive odors that purpose or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any inside of the Premises which exceed the structural loads of floors where approved by Landlord, No materials, supplies, equipment, finished products or walls semi-finished products, raw materials or articles of any buildings located nature shall be stored upon or permitted to remain outside the Premises or on such Premisesany portion of the Common Area unless otherwise approved by Landlord in its sole discretion. No loudspeaker or other device, system or adversely affect apparatus which can be heard outside the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant Premises shall not commit or permit to be committed any action or circumstance used in or about any at the Premises without the prior written consent of Landlord. No explosives or firearms shall be brought into the Premises. Landlord shall have the right to enter and conduct an inspection of the Premises, nor bring or keep anything therein whichat any reasonable time and upon reasonable advance notice (of not less than 24 hours, directly or indirectlyexcept in the case of an emergency in which event no prior notice shall be required, would or might cause a cancellation but Landlord shall give Tenant prompt notice following such emergency entry), to determine whether Tenant is complying with the terms of this Section 6.2. In the event such inspection identifies any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold deficiencies in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and compliance with the requirements terms of this Section 6.2, Tenant shall promptly correct such deficiency and shall reimburse Landlord within thirty (30) days after written demand as Additional Rent for any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding costs incurred by Landlord in connection with such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsinspection.
Appears in 2 contracts
Sources: Commercial Lease (Carbylan Therapeutics, Inc.), Commercial Lease (Carbylan Therapeutics, Inc.)
Prohibited Uses. (a) Tenant will Owner shall not use, occupy or permit the use of, the Complex Site for any other, different or occupancy of any additional purpose that is not a Permitted Use without first obtaining the Approval of the Premises for City Representative. Owner agrees that the Permitted Uses are subject to Owner’s compliance with all Applicable Law at any purpose time applicable to the use, occupancy or in operation of the Complex Site. Notwithstanding the Permitted Uses hereunder, Owner agrees that it shall not (collectively, the “Prohibited Uses”):
(a) Create, cause, maintain or permit any manner which is public or may beprivate nuisance in, directly on or indirectlyabout the Complex Site; provided, however, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates no event shall a City Party be entitled to assert that a Permitted Use held in compliance with Applicable Law constitutes a public or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.private nuisance;
(b) Tenant shall not keep Use or permit allow the Complex Site to be kept used for the sale or display of any substance pornographic material or material which is obscene under standards set forth in any Applicable Law, or operate or allow any Person to operate in, on or conduct or permit to be conducted about the Complex Site any operation from, any “Adult Business” as defined in Sec. 138-418 of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.City Codes;
(c) Tenant shall not commit Use or permit allow the Complex Site to remain any waste to any be used in violation of the Premises.special warranty deed from the MEDC to Owner or Applicable Law;
(d) Tenant shall not install Except in connection with conventions, trade shows and other similar events and subject to rules, regulations and policies promulgated by the City, use or permit allow the Complex Site to remain any improvements to any be used for the public display or public or private sale of the Premises which exceed the structural loads of floors guns and other weapons, ammunition or walls of any buildings located on such Premisesexplosives, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.including fireworks;
(e) Tenant shall not commit Use or permit allow the Complex Site to be committed any action used for the sale or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation commercial display of any insurance policy covering such Premiseslewd, nor shall Tenant sell offensive or permit to be keptimmoral sign or advertisement, used including any sign or sold in advertisement that promotes lewd, offensive or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.immoral activities, including sexually immoral activities;
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now Use or allow the Complex Site to be used for the sale of paraphernalia or other equipment or apparatus which is used primarily in force or which may hereafter be in force and connection with the requirements taking or use of illegal drugs;
(g) Use or allow the Project Improvements or the Complex Site to be used as a place of permanent residence by any Person;
(h) Use or permit the Complex Site to be used for a shooting gallery, target range, vehicle repair facility, car wash facility, warehouse (but any area for the storage of goods intended to be sold or used in connection with Owners’ operations permitted hereunder shall not be deemed to be a warehouse), convalescent care facility or mortuary, or use or permit the Complex Site to be used for any assembly, manufacture, distillation, refining, smelting or other industrial or commercial operation or use (excluding, for the avoidance of doubt, a restaurant or other eatery in the concept of a restaurant-brewery, or “brewpub”); except to the extent permitted by the Project Specifications or otherwise permitted in this Agreement with respect to naming rights, installing any advertisements, signs, decorations or displays of any board kind on the exterior of fire underwriters the Complex; or
(i) Use or other similar body now or hereafter constituted relating to or affecting permit the use or occupancy of all of the Premises, excluding such structural changes as do not relate to Complex Site for illegal gambling; or
(j) Use or affect permit the use or occupancy of the PremisesComplex Site as a massage parlor or a tanning parlor. The provisions of this Section 12.2 shall inure to the benefit of and be enforceable by City Parties and their successors and assigns. No other Person, including any guest or patron of the Complex Site, shall have any right to enforce the prohibitions as are not related to or afforded by Tenant’s improvements or actsthe Prohibited Uses.
Appears in 2 contracts
Sources: Grant and Development Agreement (Notes Live, Inc.), Grant and Development Agreement (Fresh Vine Wine, Inc.)
Prohibited Uses. (a) Notwithstanding any other provision of this Lease, Tenant will shall not useuse the Premises or the Building, occupy or any part thereof, or suffer or permit the use or occupancy of the Premises or the Building or any part thereof by Tenant, its Portfolio Companies, and/or their agents, servants, employees, consultants, contractors, subcontractors, licensees and/or subtenants (collectively with Tenant, the “Tenant Parties”) (i) in a manner which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or otherwise applicable to or binding upon the Premises; (ii) for any unlawful purposes or in any unlawful manner; (iii) which, in the reasonable judgment of Landlord (taking into account the use of the Building as a combination office and retail building and the Permitted Uses) shall (a) impair the appearance or reputation of the Building; (b) impair, interfere with or otherwise diminish the quality of any of the Building services or the proper and economic heating, cleaning, ventilating, air conditioning or other servicing of the Building or Premises, or the use or occupancy of any of the Premises for any purpose Common Areas; (c) occasion discomfort, inconvenience or annoyance in any material respect, or cause any injury or damage to any occupants of the Premises or other tenants or occupants of the Building or their property; or (d) cause harmful air emissions or any unusual or other objectionable odors, noises or emissions to emanate from the Premises; (iv) in a manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or inconsistent with the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office operation and/or maintenance of the county recorder Building as a first-class combination office and retail facility; (v) for any fermentation processes whatsoever; or (vi) in a manner which shall increase such insurance rates on the Building or on property located therein over that applicable when Tenant first took occupancy of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirementshereunder.
(b) With respect to the use and occupancy of the Premises and the Common Areas, Tenant shall not keep will not: (i) place or maintain any signage (except as permitted by Section 12 below), trash, refuse or other articles in any vestibule or entry of the Premises, on the footwalks or corridors adjacent thereto or elsewhere on the exterior of the Premises, nor obstruct any driveway, corridor, footwalk, parking area, mall or any other Common Areas; (ii) permit undue accumulations of or burn garbage, trash, rubbish or other refuse within or without the Premises; (iii) permit the parking of vehicles so as to be kept interfere with the use of any substance indriveway, corridor, footwalk, parking area, or other Common Areas; (iv) receive or ship articles of any kind outside of those areas reasonably designated by Landlord; (v) conduct or permit to be conducted any operation fromauction, any going out of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditionsbusiness sale, or make undue noise or create undue vibrations.
bankruptcy sale (c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premisesunless directed by court order), or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now type sale in or hereafter constituted relating to or affecting connected with the Premises; (vi) use or occupancy of all the name of the PremisesBuilding, excluding such structural changes as do not relate to the Property, Landlord, or affect the use any of Landlord’s affiliates or occupancy subsidiaries or any photograph, film, drawing, or other depiction or representation of the PremisesBuilding and/or the Property or any part thereof, which contains signage or distinctive architectural characteristics that cause the scene photographed, filmed, drawn, depicted, or represented to be identifiable as are not related to being the Building and/or the Property, in any publicity, promotion, trailer, press release, advertising, printed, or afforded by display materials without Landlord’s prior written consent; or (vii) except in connection with Tenant’s improvements Work and/or Alterations (hereinafter defined) approved by Landlord, cause or actspermit any hole to be drilled or made in any part of the Building.
Appears in 2 contracts
Sources: Sublease (Praxis Precision Medicines, Inc.), Sublease (Praxis Precision Medicines, Inc.)
Prohibited Uses. Tenant shall not use the Premises or allow the Premises to be used for any illegal purpose, or so as to create waste, or constitute a private or public nuisance. Tenant shall use reasonable efforts to maintain cooperative relations with Landlord and the occupants of neighboring buildings in the vicinity of the Property. Such cooperation shall include, as reasonably requested by Landlord (a) responding to complaints regarding operational issues (i.e., lighting, parking, noise, etc.), (b) designating a representative to handle any issues that may arise, and (c) advising Tenant’s employees regarding issues of concern to Tenant’s neighbors. Tenant will shall not useplace any loads upon the floors, occupy walls, or permit ceiling that endanger the structure, or overload existing electrical or other mechanical systems. Tenant shall not use any machinery or occupancy of equipment which causes any substantial noise or vibration. Tenant shall not engage in any action or inaction that (i) jeopardizes the Building’s LEED or Energy Star ratings, or (ii) compromises Landlord’s sustainability goals for the Building as communicated in writing to Tenant. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any outside of the Premises which is not reasonably consistent with the Permitted Use except in trash containers placed inside exterior enclosures designated by Landlord for such Premises and which might emit offensive odors that purpose or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any inside of the Premises which exceed the structural loads of floors where approved by Landlord. No materials, supplies, equipment, finished products or walls semi-finished products, raw materials or articles of any buildings located nature shall be stored upon or permitted to remain outside the Premises or on such Premisesany portion of the Common Area unless otherwise approved by Landlord in its reasonable discretion. No loudspeaker or other device, system or adversely affect apparatus which can be heard outside the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant Premises shall not commit or permit to be committed any action or circumstance used in or about any at the Premises without the prior written consent of Landlord. No explosives or firearms shall be brought into the Premises. Landlord shall have the right to enter and conduct an inspection of the Premises, nor bring or keep anything therein whichat any reasonable time and upon reasonable advance notice, directly or indirectly, would or might cause a cancellation to determine whether Tenant is complying with the terms of this Section 7.2. In the event such inspection identifies any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold deficiencies in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and compliance with the requirements terms of this Section 7.2, Tenant shall promptly correct such deficiency and shall reimburse Landlord within ten (10) days after written demand as Additional Rent for any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding reasonable third-party costs incurred by Landlord in connection with such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsinspection.
Appears in 2 contracts
Sources: Commercial Lease (Jazz Pharmaceuticals PLC), Commercial Lease (Jazz Pharmaceuticals PLC)
Prohibited Uses. (a) Tenant will not useThe uses prohibited under this Lease shall include, occupy or permit the without limitation, use or occupancy of any of the Premises or a portion thereof for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental authority or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not allow occupancy density of use of the Premises which is greater than eight (8) persons per 1,000 rentable square feet of space located in any way applicable to Tenant or the Premises. Notwithstanding the foregoing, including but not limited subject to zoningthe following terms, environmental and utility conservation matters Tenant shall be permitted to allow occupancy density of use of the Premises which is greater than such foregoing ratio, provided that (hereinafter “Legal Requirements”)i) Tenant shall provide Landlord with reasonable advance notice of such anticipated increased occupancy density, (ii) in no event shall Tenant allow occupancy density of use of the Premises which is greater than the density permitted by Applicable Laws for general office use tenants in the Building and Comparable Buildings, and (iii) Tenant shall be solely responsible (including all costs and expenses relating thereto) for any required modifications, upgrades or other equipment or devices to appropriately support such increased occupancy density in accordance with Section 6.2, below, and any such modifications or other work or installations shall otherwise be subject to the terms of Article 8 of this Lease. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. As of the date of this Lease, Landlord hereby represents that there are no existing recorded easements, covenants, conditions, or restrictions applicable affecting the Project with which Tenant is required to such Premises and appearing of record in comply. Notwithstanding the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Leaseforegoing, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance incomply with, or conduct or permit to be conducted any operation from, any and Tenant’s rights and obligations under the Lease and Tenant’s use of the Premises which is shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions (collectively, the “CC&Rs”) hereafter affecting the Project, provided that Landlord shall not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or enter into any recorded easements, covenants, conditions, or make undue noise restrictions affecting the Project after the date of this Lease which prevents Tenant from using, or create undue vibrations.
(c) Tenant shall not commit unreasonably interferes with Tenant’s use of or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of access to, the Premises which exceed for the structural loads of floors or walls of any buildings located on such PremisesPermitted Use, or otherwise materially adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at affects Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsrights under this Lease.
Appears in 2 contracts
Sources: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)
Prohibited Uses. (a) Notwithstanding any other provision of this Lease, Tenant will shall not useuse the Premises or the Building, occupy or any part thereof, or suffer or permit the use or occupancy of the Premises or the Building or any part thereof by any of the Premises Tenant Parties (i) in a manner which violates any of the covenants, agreements, terms, provisions and conditions of this Lease; (ii) for any purpose unlawful purposes or in any unlawful manner; (iii) which, in the reasonable good faith judgment of Landlord (taking into account the use of the Building as a combination laboratory, research and development and office building and the Permitted Uses) shall (a) impair the appearance or reputation of the Building; (b) impair, interfere with or otherwise diminish the quality of any of the Building services, or the use of any of the Common Areas; (c) occasion discomfort, inconvenience or annoyance in any material respect, or cause any injury or damage to any other tenants or occupants of the Building or their property; or (d) cause harmful air emissions, laboratory odors or noises or any unusual or other objectionable odors, noises or emissions to emanate from the Premises taking into account the use of the Building as a combination laboratory, research and development and office building and the Permitted Uses); (iv) in a manner which is materially inconsistent with the operation and/or maintenance of the Building as a first-class combination office, research, development and laboratory facility; (v) [intentionally omitted]; or may be(vi) in a manner which shall increase such insurance rates on the Building or on property located therein over that applicable when Tenant first took occupancy of the Premises hereunder unless Tenant pays such increase within thirty (30) days after demand therefor from time to time. From and after the Execution Date, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority Landlord shall include substantially similar provisions in any way applicable to Tenant or other leases at the Premises, including but Building and shall not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to enforce such Premises and appearing of record provisions in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirementsa discriminatory manner.
(b) With respect to the use and occupancy of the Premises and the Common Areas, Tenant shall not keep will not: (i) place or maintain any signage (except as set forth in Section 12.2 below), trash, refuse or other articles in any vestibule or entry of the Premises, on the footwalks or corridors adjacent thereto or elsewhere on the exterior of the Premises, nor obstruct any driveway, corridor, footwalk, parking area, mall or any other Common Areas; (ii) permit undue accumulations of or burn garbage, trash, rubbish or other refuse within or without the Premises; (iii) permit the parking of vehicles so as to be kept interfere with the use of any substance indriveway, corridor, footwalk, parking area, or other Common Areas; (iv) receive or ship articles of any kind outside of those areas reasonably designated by Landlord; (v) conduct or permit to be conducted any operation fromauction, any going out of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditionsbusiness sale, or make undue noise or create undue vibrations.
bankruptcy sale (c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premisesunless directed by court order), or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now type sale in or hereafter constituted relating connected with the Premises; (vi) use the name of Landlord, or any of Landlord’s affiliates in any publicity, promotion, trailer, press release, advertising, printed, or display materials without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed; or (vii) except in connection with Alterations (hereinafter defined) approved by Landlord or otherwise not requiring Landlord’s approval, cause or permit any hole to be drilled or affecting the use or occupancy of all made in any part of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsBuilding.
Appears in 2 contracts
Sources: Lease Agreement (uniQure B.V.), Lease Agreement (uniQure B.V.)
Prohibited Uses. (a) Tenant will further covenants and agrees that Tenant shall not use, occupy or knowingly suffer or permit any person or persons to use, the Premises or any part thereof for any use or occupancy of any of the Premises for any purpose or in any manner which is or may be, directly or indirectly, in violation of Applicable Laws including, without limitation, any such Applicable Laws relating to Hazardous Materials, or any Underlying Documents. Landlord shall have the right to impose reasonable, nondiscriminatory and customary rule and regulations regarding the use of the Project that do not unreasonably interfere with Tenant’s use of the Premises, as reasonably deemed necessary by Landlord with respect to the orderly operation of the Project (“Rules and Regulations”), and Tenant shall comply with such reasonable rules and regulations; provided that (i) judicial decisionsLandlord shall not enforce, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates change or ordinances of any governmental authority modify such rules and regulations in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”)a discriminatory manner, (ii) such rules and regulations shall do not unreasonably interfere with the normal and customary conduct of Tenant’s business, (iii) any such rules and regulations shall not materially increase Tenant’s obligations hereunder, materially decrease Tenant’s rights hereunder, or materially decrease Landlord’s obligations hereunder, and (iv) Landlord shall provide Tenant with at least thirty (30) days’ prior written notice of any such rules and regulations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with, and ▇▇▇▇▇▇’s rights and obligations under the Lease and ▇▇▇▇▇▇’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or restrictions applicable to such Premises and appearing of record in hereafter affecting the office of Project, so long as the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall same do not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any unreasonably interfere with ▇▇▇▇▇▇’s use of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, parking rights or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at materially increase Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force obligations or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by decrease Tenant’s improvements or actsrights under this Lease.
Appears in 2 contracts
Sources: Lease (Septerna, Inc.), Lease (Septerna, Inc.)
Prohibited Uses. (a) Tenant will The Premises shall not use, occupy be used for any use which conflicts with any existing declaration of restrictions or permit the use covenants or occupancy of any of other agreement recorded against or binding upon the Premises for or any purpose existing mortgage or in any manner which is or may bedeed of trust In addition, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but shall not limited be used for any use other than the use permitted by Section 9 including,- without limitation, any use- which conflicts with or otherwise violates any exclusive uses granted by Landlord to zoningother tenants, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located as set forth on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Exhibit "D". Tenant shall not keep do or permit anything to be kept any substance in, done in or conduct or permit to be conducted any operation from, any of about the Premises which is not reasonably consistent will obstruct or interfere with the Permitted Use for such Premises and which might emit offensive odors rights of other tenants or conditionsoccupants of the Shopping Center, or make undue noise injure or create undue vibrations.
(c) Tenant shall not commit annoy them or permit to remain any waste to any of the Premises.
(d) Tenant shall not install use or permit to remain any improvements to any of allow the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed used for any action improper, immoral, unlawful or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premisesobjectionable purpose, nor shall Tenant sell cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not install, maintain or use an underground storage tank. Tenant shall not do or permit anything to be kept, used done which will invalidate or sold in or about any of increase the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters fire, extended coverage or any other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of insurance policy covering the Premises, excluding the Shopping Center and/or property located therein. Tenant shall promptly pay or reimburse Landlord, as additional rent, the full amount of any additional premium charged Landlord for any insurance policy by reason of Tenant's failure to comply with this Section and/or the Section entitled "Compliance with Law"; provided, mat except in the case of a use by Tenant that is expressly permitted by the terms of this Lease, such structural changes as do reimbursement shall not relate be Landlord's exclusive remedy, nor shall it limit or compromise any other rights granted Landlord by this Lease or by law or equity. Nothing contained in this Section 10 shall be construed or deemed in any way to or affect increase the scope of Tenant's use or occupancy set forth in Section 9 of the Premises, or as are not related to or afforded by Tenant’s improvements or actsthis Lease.
Appears in 2 contracts
Sources: Shop Lease (Wasatch Food Services Inc), Shop Lease (Wasatch Food Services Inc)
Prohibited Uses. (a) Tenant will not use4.1 Neither the Licensee nor Authorized Users may remove or alter the authors’ names, occupy copyright notices, trademarks, or permit other means of identification or disclaimers as they appear in the use Licensed Material.
4.2 Neither the Licensee nor Authorized Users may systematically make print or occupancy electronic copies of any multiple extracts of the Premises Licensed Material for any purpose other than temporary caching as permitted in Para.
4.3 Neither the Licensee nor Authorized Users may mount or in distribute any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office part of the county recorder Licensed Material on any electronic or other data network including, without limitation, the Internet and the World Wide Web, other than through a Secure Network.
4.4 Project Euclid’s explicit written permission must be obtained in order to:
4.4.1 Reproduce the whole or any part of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirementsLicensed Material for any Commercial Use.
(b) Tenant shall not keep 4.4.2 Systematically make available or permit to be kept any substance in, distribute the whole or conduct or permit to be conducted any operation from, any part of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditionsLicensed Material to anyone other than Authorized Users.
4.4.3 Publish, distribute or make undue noise available the Licensed Material, works based on the Licensed Material or create undue vibrationsworks which combine it with any other material, other than as permitted in this License.
(c) Tenant shall not commit 4.4.4 Alter, abridge, adapt or permit modify the Licensed Material, except to remain any waste the extent necessary to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located make it perceptible on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premisescomputer screen, or as otherwise permitted in this License, to Authorized Users. Unless specifically authorized in writing by Project Euclid or the copyright holder, no alteration of the words or their order is permitted.
4.5 Should Project Euclid detect unauthorized access to the Licensed Material, or any prohibited uses of the Licensed Material set forth in this License, it reserves the right to prevent access to the Licensed Material, immediately and without prior notice, by the IP Addresses or Subnets involved in the unauthorized or prohibited activities, and to maintain this suspension of access while these activities are not related investigated and until they are terminated by the Licensee to or afforded by Tenant’s improvements or actsthe satisfaction of Project Euclid.
Appears in 2 contracts
Sources: License Agreement, Licensing Agreement
Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization open to the general public; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses (other than the Cafeteria (defined below)); or (vi) communications firms such as radio and/or television stations. Tenant further covenants and agrees that it shall not use, or suffer or permit Tenant Party to use, the Premises or any part thereof for any use or purpose contrary to the rules and regulations reasonably promulgated by Landlord from time to time ("Rules and Regulations"), the current set of which (as of the date of this Lease) is attached to this Lease as Exhibit D; or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to Hazardous Materials now or hereafter in effect; provided, however, (a) Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner, (b) any modifications to the Rules and Regulations shall be subject to Landlord's Obligations to Minimize Tenant Interference, (c) any modifications to the Rules and Regulations shall not becoming binding on Tenant until the tenth (10th) business day after Tenant receives a written copy thereof, and (d) no modifications to the Rules and Regulations will apply retroactively. Landlord agrees that the Rules and Regulations shall not use, occupy be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant's business. Tenant shall not do or permit the use anything to be done in or occupancy of any of about the Premises for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority will in any way applicable to Tenant damage the reputation of the Project or obstruct or interfere with the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditionsrights of other tenants or occupants of the Building, or restrictions applicable to such injure or unreasonably annoy them or use or allow the Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept used for any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premisesunlawful purpose, nor shall Tenant sell cause, maintain or permit to be keptany nuisance in, used or sold in on or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Lease Agreement (Cytokinetics Inc)
Prohibited Uses. Except as expressly provided in section 4 hereof, any activity upon or use of the Conservation Property inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited:
(a) Tenant will not useConstruction or installation of buildings or structures, occupy or permit except as necessary for the use or occupancy uses expressly authorized under section 4 of any of the Premises for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.Conservation Easement;
(b) Tenant shall not keep Cutting of any trees of 6 inches or permit to be kept any substance inmore in diameter breast height, except as expressly authorized under section 4 of this Conservation Easement or conduct or permit to be conducted any operation fromby mutual, any written agreement of the Premises which is not reasonably consistent with the Permitted Use for such Premises Grantor and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.Grantee;
(c) Tenant shall not commit Any division or permit to remain any waste to any subdivision of the Premisesownership, or interests therein, of the Conservation Property, except by mutual, written agreement of Grantor or Grantee; which agreement of Grantee will not be unreasonably withheld provided it will further the conservation purposes and will not unduly burden Grantees monitoring duties.
(d) Tenant shall not install Use of motorized vehicles except as expressly authorized by section 4 of this Conservation Easement or permit to remain any improvements to any construction of new roads on the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.Conservation Property;
(e) Tenant shall not commit Ditching, draining, diking, filling, excavation, dredging, mining, drilling, removal of topsoil, sand, gravel, rock, minerals or permit to be committed any action other materials, or circumstance other changes in or about any the topography of the Premisesland in any manner, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation except as necessary for the uses expressly authorized by section 4 of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.this Conservation Easement;
(f) Tenant shallDisturbance or change in natural habitat on the Conservation Property, at Tenant’s sole cost and expenseexcept as necessary for the uses expressly authorized by section 4 of this Conservation Easement;
(g) Dumping of ashes, promptly comply with all Legal Requirements now trash, garbage, solid or hazardous waste, landfill or dredging spoils, or other foreign materials on the Conservation Property, except that environmentally sound materials may be used as necessary for the uses authorized by section 4 of this Conservation Easement;
(h) Activities on the Conservation Property which result in force erosion or siltation thereon or onto lands or waters nearby;
(i) Manipulation or alteration of natural water courses, water table or water bodies, except as necessary for the uses expressly authorized by section 4 of this Conservation Easement;
(j) Activities which could be detrimental to water quality or purity, or which may hereafter be could result in force and with the requirements alteration of any board of fire underwriters natural water levels and/or flows;
(k) Commercial, residential or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsindustrial uses.
Appears in 1 contract
Sources: Conservation Easement
Prohibited Uses. (a) Tenant will not use, occupy or permit The Licensee shall use reasonable efforts to ensure that the Authorised Users are aware of the prohibitions on the use or occupancy of the Licensed Materials set out in this Licence and the Licensee shall use reasonable endeavours to ensure that its Authorised Users do not breach the prohibitions set out in this Licence in respect of their access to and use of the Licensed Materials. Licensee shall be liable for any breach by Authorised Users of any of the Premises for any purpose or in any manner which is or may be, directly or indirectly, in violation provisions of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premisesthis Licence, including but not limited to zoning, environmental the provisions set out below.
b) Authorised Users may not:
i) Remove or alter the author’s name(s) or the publisher’s copyright notices or other means of identification or any and utility conservation matters (hereinafter “Legal Requirements”), (all disclaimers as they appear in the Licensed Materials;
ii) covenants, conditions, Systematically make print or restrictions applicable to such Premises and appearing electronic copies of record in the office multiple extracts or make multiple copies of any part of the county recorder Licensed Materials for any purpose other than that permitted by this Licence;
iii) Prepare derivative works or download, mount or distribute any part of the county Licensed Material on any electronic system or network, including without limitation the Internet and the World Wide Web, other than by the Licensee’s Secure Network approved in which such Premises are located on advance by The Company of Biologists, except where expressly permitted under this Licence;
iv) Sell or before resell the date on which such Premises became subject Licensed Materials unless The Company of Biologists has given prior written permission for the Authorised User to this Leasedo so; or
v) Alter, edit, abridge or otherwise modify the Licensed Materials or any part of them for any purpose whatsoever or incorporate any part of any Licensed Materials (iiiwhether in amended or unamended form) insurance requirementsinto any other work.
(bc) Tenant shall not keep The Licensee must seek and obtain The Company of Biologists’ permission prior to carrying out or permit attempting to be kept any substance in, or conduct or permit to be conducted any operation from, carry out any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrationsforegoing uses. Email ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant This clause 5) shall not install or permit continue to remain apply after termination of this Licence for any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any wayreason.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Read and Publish Licence Agreement
Prohibited Uses. (a) Tenant will not use, occupy Neither Subscriber or permit the Licensee nor its Authorized Users should use or occupancy make available to others any publisher works or parts of any of the Premises works for any purpose kind of commercial uses such as sell, distribution, library loan, marketing, rent, license, publication, product development, service, or in exploit the licensed materials or any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, related services including but not limited to zoningthe creation of new database, environmental derivative work, books, textbooks, technical reports, remote access, posting of any information on an open Websites, transmitting materials on the internet, news groups, electronic bulletin boards, reproduction of bibliographies in other works by downloading publisher works into other sites or services. The subscriber or licensee agrees that it will not license or allow its users to directly or indirectly to do so and utility conservation matters (hereinafter “Legal Requirements”)in a manner that would infringe any copyrights or other proprietary rights contained herein and within it. The subscriber or licensee and its authorized users will not remove, (ii) covenantsmodify, conditionsalter, amend, translate, change, merge, transmit, damage or restrictions applicable use any publisher works or parts of works. The subscriber or licensee and its authorized users will not use licensed material available over the Internet, publisher works or parts of works for library loans to such Premises and appearing other unauthorized institution whatsoever. Neither the Licensee nor its Authorized Users shall remove or alter the authors' names or the Publisher's copyright notices or other means of record identification or disclaimers as they appear in the office Licensed Materials, systematically make print or electronic copies of multiple extracts of the county recorder Licensed Materials for any purpose, mount or distribute any part of the county Licensed Material on any electronic network, including without limitation the Internet and the World Wide Web, other than the Secure Network. The Publisher's explicit written permission must be obtained in which such Premises are located on order to use all or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any part of the Premises Licensed Materials for any Commercial Use, systematically distribute the whole or any part of the Licensed Materials to anyone other than Authorized Users; publish, distribute or make available the Licensed Materials, works based on the Licensed Materials or works which combine them with any other material, other than as permitted in this License; alter, abridge, adapt or modify the Licensed Materials, except to the extent necessary to make them perceptible on a computer screen to Authorized Users. For the avoidance of doubt, no alteration of the words or their order is permitted. The access to publisher Licensed Materials herein is permitted on current calendar year basis (1 January to 31 December) excluding any online access to back issues whatsoever. The online access for paid calendar years will continue as long as the subscription is renewed by the Subscriber or Licensee for forthcoming years otherwise there will be no online access to back files of paid years whatsoever. If subscription is not reasonably consistent with the Permitted Use renewed then online access will be fully stopped for such Premises all back files of paid years on 31 December of subscription year. The Subscriber or Licensee agrees to these terms and which might emit offensive odors conditions. The access to publisher Licensed Materials herein is permitted for one year only (limited to subscription period). No access whatsoever (to present or conditions, archive or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any future editions of the Premises.
(djournal) Tenant shall not install will be allowed to Subscriber or permit Licensee or its Authorized Users to remain whole or any improvements to any part of the Premises which exceed Licensed Materials (journal) after the structural loads termination of floors this agreement (agreement will be automatically terminated after one year if not renewed by the subscriber). Library loan to other campus, institutions, agents, subsidiaries, affiliated or walls parent or any other related organizations is not allowed whatsoever. The Publisher does not grant any rights and access of any buildings located on such Premises, kinds whatsoever to Subscriber or adversely affect the mechanical, plumbing Licensee or electrical systems its Authorized Users in perpetuity therefore access of any such buildings, or affect kinds whatsoever including archive of the structural integrity Licensed Materials will be terminated immediately after the termination of this agreement. There is no perpetual online access to the journal contents whatsoever. Publisher will not provide any usage statistics of any such buildings in any way.
(e) Tenant shall kind whatsoever to Subscriber or Licensee or its Authorized Users. The publisher will not commit or permit to be committed any action or circumstance in or about any provide the archive of Licensed Materials on hard disks, CDs, diskettes, Zip, laser disks, system servers, tapes, hardcopy records after the termination of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articlesagreement.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Library Site License Agreement
Prohibited Uses. (a) Tenant will not use, occupy or permit The Licensee shall use reasonable efforts to ensure that the Authorised Users are aware of the prohibitions on the use of the Licensed Materials set out in this Licence and the Licensee shall use
b) Except where this Licence provides otherwise, Authorised Users may not:
i) Remove or occupancy alter the author’s name(s) or the publisher’s copyright notices or other means of identification or any and all disclaimers as they appear in the Licensed Materials;
ii) Systematically make print or electronic copies of multiple extracts or make multiple copies of any part of the Licensed Materials for any purpose other than that permitted by this Licence;
iii) Prepare derivative works or download, mount or distribute any part of the Licensed Material on any electronic system or network, including without limitation the Internet and the World Wide Web, other than by the Licensee’s Secure Network approved in advance by The Company of Biologists, except where expressly permitted under this Licence;
iv) Sell or resell the Licensed Materials unless The Company of Biologists has given prior written permission for the Authorised User to do so;
v) Alter, edit, abridge or otherwise modify the Licensed Materials or any part of them for any purpose whatsoever or incorporate any part of any Licensed Materials (whether in amended or unamended form) into any other work, except where expressly permitted under this Licence;
vi) make any Commercial Use of the Licensed Material (in whole or in part); or
vii) provide access to and/or permit use of the Licensed Content by anyone, or transmit any part of the Licensed Material (other than Metadata) by any means to anyone, other than an Authorised User, except as otherwise may be permitted under Appendix B (including by way of inter-library lending).
c) The Licensee must seek and obtain The Company of Biologists’ permission prior to carrying out or attempting to carry out any of the Premises foregoing uses. Email ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇.
d) This clause 5) shall continue to apply after termination of this Licence for any purpose or in any manner which is or may be, directly or indirectly, in violation of any reason. (i…) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental Copyright and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.Permissions
Appears in 1 contract
Sources: License Agreement
Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (ai) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant will shall not allow the average occupancy density of use of the total Premises which is greater than five per thousand (5:1000) rentable square feet. Tenant further covenants and agrees that Tenant shall not use, occupy or suffer or permit any person or persons to use, the Premises or any part thereof for any use or occupancy of any purpose contrary to the provisions of the Premises for any purpose Rules and Regulations set forth in Exhibit D, attached hereto, or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisionsthe laws of the United States of America, orderthe State of California, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant's business. Tenant shall not use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) . Tenant shall comply with all recorded covenants, conditions, or and restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsProject.
Appears in 1 contract
Prohibited Uses. (a) Tenant will not useThe uses prohibited under this Lease shall include, occupy or permit the without limitation, use or occupancy of any of the Premises or a portion thereof for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisionsretail or restaurant uses, orderexcept for approved kitchens, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates cafeterias and pantries (not serving the general public); or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditionsradio and/or television stations, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) other similar media outlets. Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of allow occupancy density for the Premises which is greater than permitted by Applicable Laws. Tenant further covenants and agrees that it shall not reasonably use, or suffer or permit any person or persons to use, the Premises or any part thereof in violation of Applicable Laws or for any use or purpose contrary to the provisions of the Rules and Regulations (the rules and regulations, attached hereto as Exhibit D, are, the “Existing Rules and Regulations,” and together with such additional rules and regulations as Landlord may promulgate in accordance with the terms of this Lease, and as the Existing Rules and Regulations and additional rules may be amended or supplemented in accordance with the terms of this Lease, the “Rules and Regulations”). Landlord shall have the right to amend, supplement, and add new commercially reasonable rules and regulations to the Rules and Regulations at any time during the Lease Term, and such amendments, supplements, and new rules and regulations shall be deemed Rules and Regulations hereunder; provided, however, that notwithstanding anything to the contrary in this Lease, the Rules and Regulations shall be enforceable against Tenant only to the extent that (a) they are reasonable and consistent with the Permitted Use for such Premises Class A Standard; (b) they are consistent with Landlord’s Obligations to Minimize Tenant Interference and which might emit offensive odors do not otherwise materially increase Tenant’s obligations or conditions, or make undue noise or create undue vibrations.
materially decrease Tenant’s rights under this Lease; (c) Tenant shall not commit or permit to remain any waste to any has been provided notice in writing of the Premises.
such Rules and Regulations; and (d) the Rules and Regulations are applied and enforced in a reasonable, equitable and non-arbitrary manner. Tenant shall not install do or permit anything to remain any improvements to any of be done in or about the Premises which exceed will unreasonably interfere with the structural loads rights of floors other tenants or walls occupants of any buildings located on such Premisesthe Building, or adversely affect injure them or use or allow the mechanical, plumbing Premises or electrical systems any of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit Tenant’s Off-Premises Equipment to be committed used for any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premisesunlawful purpose, nor shall Tenant sell cause, maintain or permit to be keptany nuisance in, used or sold in on or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Office Lease (F5 Networks Inc)
Prohibited Uses. (a) Notwithstanding any other provision of this Lease, Tenant will shall not useuse the Premises or the Building, occupy or any part thereof, or suffer or permit the use or occupancy of the Premises or the Building or any part thereof by any of the Premises Tenant Parties (hereinafter defined) (i) in a manner which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or otherwise applicable to or binding upon the Premises; (ii) for any purpose unlawful purposes or in any unlawful manner; (iii) in a manner which, in the reasonable judgment of Landlord shall (a) impair the appearance or reputation of the Building; (b) impair, interfere with or otherwise diminish the quality of any of the Building services or the proper and economic heating, cleaning, ventilating, air conditioning or other servicing of the Building or Premises; or (c) cause harmful air emissions or any unusual or other objectionable odors, noises or emissions to emanate from the Premises; (iv) in a manner which is inconsistent with the operation and/or maintenance of the Building as a first-class office and laboratory building; (v) for any fermentation processes except in the ordinary course of Tenant’s business and then only if adequately vented in Landlord’s reasonable judgment (it being understood and agreed that in no event shall there be fermentation for the purpose of creating alcoholic beverages for human consumption); (vi) to operate a vivarium in excess of 3,500 square feet; or may be(vii) in a manner which shall increase such insurance rates on the Building or on property located therein over that applicable when Tenant first took occupancy of the Premises hereunder. Notwithstanding any other provision herein to the contrary, directly Tenant shall be responsible for all liabilities, costs and expenses arising from or indirectlyin connection with the compliance of the Premises with the Americans with Disabilities Act, in violation of 42 U.S.C. § 12101, et seq., and any state and local accessibility laws, codes, ordinances and rules (i) judicial decisionscollectively, orderand together with regulations promulgated pursuant thereto, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal RequirementsADA”), (ii) covenantsand Tenant shall defend, conditions, or restrictions applicable indemnify and hold Landlord and the Landlord Parties harmless from and against any Claims arising from any such failure the Premises to such Premises and appearing of record comply with the ADA. Landlord agrees that Landlord’s Base Building Work shall be constructed in conformance with the office ADA. In the event Landlord’s Base Building Work is not constructed in conformance with the ADA in effect as of the county recorder date Landlord commences the Landlord’s Base Building Work, and provided Tenant provides Landlord written notice thereof within three (3) months after the Commencement Date, and provided Landlord does not dispute Tenant’s determination of the county in non-compliance, Landlord shall, as Tenant’s sole and exclusive remedy, address any such non-compliance of Landlord’s Base Building Work (and expressly not any Tenant Improvements or any modifications or alterations of Landlord’s Base Building Work that are made necessary as a result of Tenant Improvements, which such Premises modifications or alterations are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirementsTenant’s sole responsibility and cost).
(b) With respect to the use and occupancy of the Premises and the Common Areas, Tenant shall not keep will not: (i) place or permit to maintain any signage (except as may be kept permitted by Section 12 below), Trash (hereinafter defined) or other articles in any substance investibule or entry of the Premises, on the footwalks or corridors adjacent thereto or elsewhere on the exterior of the Premises, nor obstruct any driveway, corridor, footwalk, Parking Area, or any Common Areas; (ii) permit undue accumulations of or burn garbage, trash, rubbish or other refuse (collectively, “Trash”) within or without the Premises; (iii) permit the parking of vehicles so as to interfere with the use of any driveway, corridor, footwalk, or parking area; (iv) receive or ship articles of any kind outside of those areas reasonably designated by Landlord; (v) conduct or permit to be conducted any operation fromauction, going out of business sale, bankruptcy sale (unless directed by court order), or other similar type sale in or connected with the Premises; (vi) use the name of Landlord, or any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors Landlord’s affiliates or conditionssubsidiaries in any publicity, promotion, trailer, press release, advertising, printed, or make undue noise or create undue vibrations.
display materials without Landlord’s prior written consent (c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenantwithheld in Landlord’s sole cost and expensediscretion); (vii) except in connection with any vivarium, promptly comply permit any animals other than service animals in the Building; or (viii) except in connection with all Legal Requirements now Alterations (hereinafter defined) approved by Landlord, cause or permit any hole to be drilled or made in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all part of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.Building
Appears in 1 contract
Prohibited Uses. Lessee agrees at all times to comply with the following:
(a) Tenant will not Lessee shall at no time use, occupy or permit the use of, the Leased Premises in a manner that is contrary to applicable federal, state, or occupancy of any of the Premises for any purpose or in any manner which is or may belocal laws, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulingsordinances, rules, or regulations, promulgationswhich shall include, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not be limited to zoningto, environmental applicable Federal Aviation Administration (“FAA”) rules and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions regulations and applicable to such Premises and appearing of record in regulations for the office use of the county recorder of the county in which such Premises are located on Airport as may from time to time be promulgated by MDC or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.City;
(b) Tenant Lessee shall not keep permit any permanent, unshielded light or permit illumination source to be kept cause glare as viewed from any substance instreet, adjacent properties or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.operating aircraft;
(c) Tenant Lessee shall not commit cause or permit the burial or storage above ground on the Leased Premises of any hazardous waste or materials, as defined by federal or state law, except in accordance with applicable federal, state, or local laws, ordinances, regulations and rules, as may be adopted or amended from time to remain any waste to any of the Premises.time;
(d) Tenant Lessee shall not install cause or permit to remain any improvements to any of use or activity on the Leased Premises which exceed that may create a hazardous condition for aircraft operating at the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.Airport;
(e) Tenant Lessee shall not commit or permit allow the Leased Premises to be committed any action used for parking of motor vehicles, motorcycles, or circumstance motor driven equipment by anyone other than customers, employees, or contractors of Lessee except as may be authorized by the Director of Airports, with all such parking being limited to areas designated by the Department of Airports for such parking. Lessee shall not be in or about default for the improper parking of vehicles over which neither Lessee nor any of the Premisesits sublessees, nor bring customers, employees, or keep anything therein which, directly or indirectly, would or might cause a cancellation of contractors have any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.control; and
(f) Tenant shallLessee shall not operate, at Tenant’s sole cost and expensenor permit the operation of, promptly comply a car rental business from the Leased Premises, unless the Lessee or the operator of said car rental business has executed a car rental concession or permit agreement with all Legal Requirements now MDC or City; and
(g) Lessee shall not allow airline passenger operations to be conducted on the Leased Premises. The Leased Premises shall not be used for any use that is disreputable or creates extraordinary fire hazards or results in force an increased rate of insurance on the Leased Premises or which may hereafter be in force and with its contents or the requirements storage of any board hazardous materials or substances. If, because of fire underwriters an act on the party of Lessee, the rate of insurance on the Leased Premises, its facilities or its contents increases, Lessee shall pay to Landlord the amount of such increase on demand, and acceptance of such payment shall not constitute a waiver of any of Landlord’s other similar body now rights. Lessee shall conduct its business and control each other Lessee party or hereafter constituted relating agent, so as not to create any nuisance or affecting the use interfere with other Lessees or occupancy of all Landlord in its management of the Leased Premises, excluding such structural changes as do not relate its facilities or contents. Subject to or affect Landlord’s reasonable security measures and the use or occupancy of Rules and Regulations described in Article 17.06, Lessee and its agents and employees will have access to the PremisesLeased Premises 24 hours per day, or as are not related to or afforded by Tenant’s improvements or acts7 days per week.
Appears in 1 contract
Prohibited Uses. (a) Tenant will Though some or all of the Prohibited Uses may otherwise be permitted in the MXT Transit Oriented Zoning District under the Village’s Zoning Ordinance, the Developer agrees to not uselease to, occupy sell, or permit allow any such Prohibited Uses to operate on the use or occupancy Retail Property. Said prohibition of said Prohibited Uses shall be a covenant running with the land and binding on all future owners, tenants, and assignees of any kind during the term of this Agreement. However, if any Prohibited Use is not a prohibited use in the MXT Transit Oriented Zoning District under the Wheeling Zoning Ordinance, as amended from time to time, the Village may, in its sole and exclusive discretion, upon request by Developer, allow any use without any further public hearing and without amending this Agreement. The approval of a particular use which constitutes one of the Premises for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority Prohibited Uses shall not however waive in any way applicable the provisions of this Section restricting Prohibited Uses in regard to Tenant or the PremisesProject and the Property. In addition, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditionsany uses that would otherwise be a prohibited use under the Wheeling Zoning Ordinance for the Retail Property as zoned shall remain prohibited uses during the term of this Agreement. If the Developer leases to, or restrictions applicable allows a Prohibited Use on the Retail Property, the Village, upon thirty (30) days written notice to such Premises and appearing of record in Developer, may suspend the office payments of the county recorder TIF Incentive until developer terminates said Prohibited Use at which time the TIF payments shall promptly resume. Developer shall not be repaid the amount of the county in TIF increment earned for the period during which such Premises are located on or before a Prohibited Use occupied space within the date on which such Premises became subject to this Lease, or (iii) insurance requirementsDevelopment Project.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Redevelopment Agreement
Prohibited Uses. (a) Tenant will not use4.1 Neither the Licensee nor Authorized Users may remove or alter the authors’ names, occupy copyright notices, trademarks, or permit other means of identification or disclaimers as they appear in the use Licensed Material.
4.2 Neither the Licensee nor Authorized Users may systematically make print or occupancy electronic copies of any multiple extracts of the Premises Licensed Material for any purpose other than temporary caching as permitted in Para.
4.3 Neither the Licensee nor Authorized Users may mount or in distribute any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office part of the county recorder Licensed Material on any electronic or other data network including, without limitation, the Internet and the World Wide Web, other than through a Secure Network.
4.4 Project ▇▇▇▇▇▇’s explicit written permission must be obtained in order to:
4.4.1 Reproduce the whole or any part of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirementsLicensed Material for any Commercial Use.
(b) Tenant shall not keep 4.4.2 Systematically make available or permit to be kept any substance in, distribute the whole or conduct or permit to be conducted any operation from, any part of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditionsLicensed Material to anyone other than Authorized Users.
4.4.3 Publish, distribute or make undue noise available the Licensed Material, works based on the Licensed Material or create undue vibrationsworks which combine it with any other material, other than as permitted in this License.
(c) Tenant shall not commit 4.4.4 Alter, abridge, adapt or permit modify the Licensed Material, except to remain any waste the extent necessary to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located make it perceptible on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premisescomputer screen, or as otherwise permitted in this License, to Authorized Users. Unless specifically authorized in writing by Project Euclid or the copyright holder, no alteration of the words or their order is permitted.
4.5 Should Project Euclid detect unauthorized access to the Licensed Material, or any prohibited uses of the Licensed Material set forth in this License, it reserves the right to prevent access to the Licensed Material, immediately and without prior notice, by the IP Addresses or Subnets involved in the unauthorized or prohibited activities, and to maintain this suspension of access while these activities are not related investigated and until they are terminated by the Licensee to or afforded by Tenant’s improvements or actsthe satisfaction of Project Euclid.
Appears in 1 contract
Sources: Licensing Agreements
Prohibited Uses. (a) Tenant will Sublessee shall not use, occupy or suffer or permit the use of, or occupancy of suffer or permit anything to be done in the Sublease Premises or the Building (i) which would violate any of the Premises covenants, agreements, terms, provisions and conditions of this Sublease, (ii) for any purpose unlawful purposes or in any manner which is unlawful manner, or may be, directly or indirectly(iii) which, in violation the reasonable judgment of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates Sublessor or ordinances of any governmental authority Landlord shall in any way applicable material respect (a) impair or tend to Tenant impair the appearance or reputation of the Building in such a manner so as to detract from the quality of conditions at the Building as compared with other comparable buildings in the Boston University Medical Campus, (b) impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building, or (c) occasion discomfort, inconvenience or annoyance to any of the other tenants or occupants of the Building, whether through the transmission of noise or noxious or offensive odors or otherwise. Without limiting the generality of the foregoing, no food (except in connection with customary office vending machines, coffee service facilities and lunch room facilities set forth on the Complete Plans or other plans approved by Sublessor, provided such machines and facilities are used for and by occupants of the Sublease Premises only and their guests and further provided Sublessee pays any resulting increased costs pursuant to Section 13.8 and the other applicable provisions of this Sublease) shall be prepared or served for public or commercial consumption on or about the Sublease Premises; no intoxicating liquors or alcoholic beverages shall be sold or otherwise served to the general public on or about the Sublease Premises; no lottery tickets (even where the sale of such tickets is not illegal) shall be sold and no gambling, betting or wagering shall otherwise be permitted on or about the Sublease Premises; no loitering shall be permitted on or about the Sublease Premises; and no loading or unloading of supplies or other material to or from the Sublease Premises shall be permitted on the Lot except during such hours as the Building is customarily open for business. The Sublease Premises shall be maintained by Sublessee in a sanitary condition, kept free from noxious or offensive odors (including but not limited to zoningrodent or other laboratory animal odors) and kept free from vermin and, environmental and utility conservation matters except as provided herein below, rodents. Notwithstanding anything contained herein to the contrary, Sublessee may maintain not more than a maximum number of five thousand (hereinafter “Legal Requirements”), (ii5,000) covenants, conditions, or restrictions applicable to such Premises and appearing of record rodents in the office Sublease Premises at any one time during the Term provided (i) Sublessee delivers to Sublessor within thirty (30) days after the Term Commencement Date a complete report of the county recorder number of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.rodents
Appears in 1 contract
Prohibited Uses. (a) Tenant will not useThe uses prohibited under this Lease shall include, occupy or permit the without limitation, use or occupancy of any of the Premises or a portion thereof for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances offices of any governmental authority in agency or bureau of the United States or any way applicable to Tenant state or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), political subdivision thereof; (ii) covenants, conditions, offices or restrictions applicable to such Premises and appearing agencies of record in the office of the county recorder of the county in which such Premises are located on any foreign governmental or before the date on which such Premises became subject to this Lease, or political subdivision thereof; (iii) insurance requirements.
offices of any health care professionals or service organization; (biv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not, without the prior written consent of Landlord (which consent shall not keep be unreasonably withheld, conditioned or permit to be kept any substance indelayed), or conduct or permit to be conducted any operation from, any allow the average occupancy density of the Premises which is not to be in excess of reasonable occupancy densities of similar spaces, as reasonably consistent with the Permitted Use for such Premises determined by Landlord; it being agreed and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
acknowledged by Tenant that (ci) in no event shall Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any average occupancy density of the Premises which exceed the structural loads of floors to violate any governmental permit or walls of zoning requirements or any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation requirements of any insurance policy covering affecting the Premises or the Building, and (ii) it shall be reasonable for Landlord to withhold its consent to any increase in average occupancy density of the Premises if such Premisesdensity will have a materially, adverse impact on the parking facilities of the Project. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the rules and regulations set forth in Exhibit D (“Rules and Regulations”), attached hereto, or in violation of Applicable Laws; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant sell cause, maintain or permit to be keptany nuisance in, used or sold in on or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Prohibited Uses. (a) Tenant will not use, occupy 4.1 Neither the Licensee nor Authorised or permit Walk-in Users may remove or alter the use authors’ names or occupancy the Publisher’s copyright notices or other means of any identification or disclaimers as they appear in the Licensed Material.
4.2 Neither the Licensee nor Authorised or Walk-in Users may systematically make print or electronic copies of multiple extracts of the Premises Licensed Material for any purpose except for Authorised Users as provided for in clause 3.3.
4.3 Neither the Licensee nor Authorised or Walk-in any manner which is Users may provide, by electronic means, to a user at another library or may beelsewhere, directly or indirectly, in violation a retained electronic copy of any (i) judicial decisionspart of the Licensed Material.
4.4 Neither the Licensee nor Authorised or Walk-in Users may mount or distribute any part of the Licensed Material on any electronic network, orderincluding without limitation the Internet and the World Wide Web, injunctionsother than the Secure Network without the Publisher's explicit written permission.
4.5 The Publisher’s explicit written permission must be obtained in order to:
4.5.1 Use the whole or any part of the Licensed Material for any Commercial Use
4.5.2 Systematically distribute the whole or part of the Licensed Material to anyone other than Authorised Users
4.5.3 Publish, writsdistribute or make available the Licensed Material, statutesworks based on the Licensed Material or works which combine it with any other material, rulingsother than as permitted in this License
4.5.4 Alter, rulesabridge, regulationsadapt or modify the Licensed Material, promulgationsexcept to the extent necessary to make it perceptible on a computer screen, directivesor as otherwise permitted in this License, permitsto Authorised and Walk-in Users. For the avoidance of doubt, certificates no alteration of the words or ordinances their order is permitted
5.1 The Publisher warrants to the Licensee that it is the owner of the copyright in the Licensed Material or that it is duly licensed to use the copyright material contained in the Licensed Material and that the Licensed Material used as contemplated in this License does not infringe any copyright or other proprietary or intellectual property rights of any governmental authority natural or legal person. The Publisher shall indemnify and hold the Licensee harmless from and against any loss, damage, cost, liability or expense (including reasonable legal and professional fees) arising out of any legal action taken against the Licensee claiming actual or alleged infringement of such rights provided that the Licensee promptly notifies the Publisher of any claim and/or action, that the Licensee makes no admission without the Publisher's consent, that the Licensee provides all reasonable assistance to the Publisher in the defence of any claim and that the Licensee allows the Publisher if the Publisher so requests to conduct and control the defence of such a claim and any related settlement negotiations. This indemnity shall not apply if Licensee has amended the Licensed Material in any way not permitted by this License or if the use which has resulted in the legal action is itself an unauthorised use.
5.2 The Publisher shall:
5.2.1 Make the Licensed Material available to the Licensee via the Publisher’s server or the server of a third party. The Publisher shall notify the Licensee at least sixty (60) days in advance of any anticipated specification change applicable to Tenant the Licensed Material
5.2.2 Use reasonable endeavours to make available the electronic copy of each journal covered by this License, not later than the start of business hours on the day of publication of the printed version. In the event that for technical reasons this is not possible for any particular journal, as a matter of course, such journal shall be identified at the time of licensing and/or renewal of a subscription, together with the reasons therefor
5.2.3 Provide the Licensee, within 30 days of commencement, with information sufficient to enable access to the Licensed Material
5.2.4 Use all reasonable endeavours to ensure that the relevant server or servers referred to in clause 5.2.1 have adequate capacity and bandwidth to support the usage of the Licensee at a level commensurate with the standards of availability for information services of similar scope operating via the World Wide Web, as such standards evolve from time to time over the term of this License
5.2.5 Use all reasonable endeavours to make the Licensed Materials available to the Licensee and to Authorised and Walk-in Users at all times and on a twenty-four hour basis, save for routine maintenance, and to restore access to the Licensed Material as soon as possible in the event of an interruption or suspension of the service.
5.3 The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. The Publisher shall give written notice to the Licensee of such withdrawal. If the withdrawn material represents more than ten per cent (10%) of the book, journal or other publication in which it appeared, the Publisher shall make a pro rata refund of part of the Fee, taking into account the amount of material withdrawn and the remaining unexpired portion of the Subscription Period.
5.4.1 The Publisher undertakes either to provide or to make arrangements for a third party to provide an archive of the Licensed Material
5.4.2 The Publisher allows Authorised and Walk-in Users to access such archive after termination of this License as further specified in Clause 2.2.2.
5.5 The Licensee shall:
5.5.1 Use all reasonable endeavours to ensure that all Authorised and Walk-in Users are appropriately notified of the importance of respecting the intellectual property rights in the Licensed Material and of the sanctions which the Licensee imposes for failing to do so, as specified in Schedule 2
5.5.2 Use all reasonable endeavours to ensure that Authorised and Walk-in Users are made aware of and undertake to abide by the terms and conditions of this License; use all reasonable endeavours to monitor compliance and immediately on becoming aware of any unauthorised use or other breach, inform the Publisher and take all reasonable steps, including appropriate disciplinary action, both to ensure that such activity ceases and to prevent any recurrence
5.5.3 Issue passwords or other access information only to Authorised Users and use all reasonable endeavours to ensure that Authorised Users do not divulge their passwords or other access information to any third party
5.5.4 Keep full and up-to-date records of all Authorised Users and their access details, and if appropriate provide the Publisher with periodic lists of additions, deletions or other alterations to such records as agreed between the parties from time to time
5.5.5 Allow Walk-in Users access to the Licensed Materials only from computer terminals within the Library Premises, including but not limited as designated in Schedule 1
5.5.6 Use all reasonable endeavours to zoning, environmental ensure that only Authorised and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable Walk-in Users are permitted access to such Premises the Licensed Material and appearing if appropriate notify the Publisher within a reasonable period of record any person ceasing to be an Authorised User
5.6 Nothing in this License shall make the office Licensee liable for breach of the county recorder terms of the county License by any Authorised or Walk-in which User provided that the Licensee did not cause, knowingly assist or condone the continuation of such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirementsbreach after becoming aware of an actual breach having occurred.
(b) Tenant 5.7 The Licensee shall, in consideration for the rights granted under this License, pay the Fee in accordance with clause 2.1 within 30 days of signature and, if applicable, within 30 days of each subsequent renewal. For the avoidance of doubt, the Fee shall not keep be exclusive of any sales, use, value added or permit similar taxes and the Licensee shall be liable for any such taxes in addition to be kept any substance inthe Fee.
5.8 Each party shall use its best endeavours to safeguard the intellectual property, or conduct or permit to be conducted any operation from, any confidential information and proprietary rights of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrationsother party.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Site License Agreement
Prohibited Uses. In addition to the use restrictions set forth elsewhere in this Lease, Tenant will not: (a) Tenant will permit in or from the Premises any objectionable odor or noise or any nuisance, except for such odor and/or noise that is reasonable and customary for the operation of a brewery; (b) commit waste; (c) permit the Premises to be used for an auction, fire, bankruptcy or going out of business sale; (d) cease active conduct of Tenant’s business in the Premises for more than thirty (30) days without the prior written consent of Landlord, not useto be unreasonably withheld; (e) use any portion of the Premises as residential rental property; (f) engage in any trade or business consisting of the operation of, occupy or otherwise permit the use or occupancy of any portion of the Premises for, any private or commercial golf course, country club, massage parlor, hot tub facility, suntan facility, racetrack or other facility used for gambling, or any store the principal business of which is the retail carry-out sale of alcoholic beverages for consumption off premises, excluding the sale of bulk beverages brewed or otherwise produced on the Premises; (g) permit the development or holding of intangibles for sale or license; or (h) use, store, manufacture, dispose of or discharge any hazardous materials in, at or from the Premises. As used in this section, “hazardous materials” means any substances or materials the use, transportation, storage, manufacture or disposal of which is governed by laws treating the quality of the environment, and will include asbestos and petroleum products. Use of hazardous materials in accordance with law in amounts appropriate to and necessary for the use of the Premises permitted by this Lease will be permitted. Accordingly, Tenant agrees to indemnify Landlord and hold it harmless for any purpose or in any manner which is or may becosts and/or liabilities including without limitation reasonable attorneys’ fees, directly or indirectly, in violation arising from Tenant’s release of any hazardous materials or failure to comply with applicable environmental laws. Tenant first shall obtain the written consent of Landlord prior to (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances expanding the area of any governmental authority in any way applicable to Tenant or the Premises associated with the sale of alcoholic beverages for off-premises consumption beyond 5% of the total square footage of the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such expanding Tenant’s sales of alcoholic beverages for off-premises consumption beyond 10% of total sales from the Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Leaseduring any calendar year, or (iii) insurance requirements.
(b) selling lottery tickets on the Premises. Consent is subject to Landlord’s sole and absolute discretion. Tenant shall not keep or permit to be kept (i) carry on any substance in, or conduct or permit to be conducted activity that could cause any operation from, any part of the Premises or the Building to be “tax-exempt use property” (as that term is used in Section 168(h) of the Internal Revenue Code) or “residential rental property” (as defined in Section 168 of the Internal Revenue Code) or (ii) use the Premises or the Building to engage in the operation of any private or commercial golf course, country club, massage parlor, hot tub facility, suntan facility, racetrack, off-track betting facility or other facility used for gambling; or any store the principal business of which is not reasonably consistent with the Permitted Use retail carry-out sale of alcoholic beverages for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premisesconsumption off premises, excluding such structural changes as do not relate to the sale of bulk beverages brewed or affect the use or occupancy of otherwise produced on the Premises, or as fireworks; farming (within the meaning of Section 2032A(e)(5)(A) or (B) of the Code and the related Treasury Regulations), or any one or more of the following activities: shooting gallery, adult bookstore or facility selling or displaying obscene or pornographic books, literature or videotapes or movies (materials shall be considered “adult”, “obscene” and “pornographic” for such purposes if the same are not related generally available for sale, rental or display to human persons under 18 years old because they explicitly deal with or afforded depict human sexuality or are otherwise intended to appeal to prurient interests); any establishment that provides striptease or topless entertainment; bingo or similar games of chance (excluding such games conducted by Tenant’s improvements a charitable organization as part of a fundraising activity); video game or actsamusement arcade, except as an incidental part of another primary business; pawn shops or establishments, a primary business or service of which is cashing checks; any marijuana dispensary, so-called “head shop” or store that sells bongs, coke spoons, r▇▇▇▇ clips or other drug paraphernalia; a flea market; any political campaign or party office; or any illegal use (collectively, (i) and (ii) in this paragraph, and all other prohibited uses set forth in the preceding paragraph of this Section 22, are referred to as the “Use Restrictions”). Any violation of the Use Restrictions shall constitute an event of default of this Lease and shall permit Landlord to immediately terminate this Lease to the extent permitted by applicable law, including any minimum notice requirements thereof.
Appears in 1 contract
Prohibited Uses. (a) Tenant will shall not usecause, occupy suffer or permit the Premises or any part thereof to be used at any time during the Term for any of the following businesses or activities: any type of business or business practice which would, in the reasonable opinion of Landlord, tend to lower the character or image of the Project or any portion thereof; any use which in any way contravenes any restrictive covenants in leases granted by Landlord after the date hereof; Tenant covenants and agrees that it will not carry on in the Premises any business which will in any way place Landlord in breach of any such restrictive covenants and Tenant will indemnify and save Landlord harmless from and against all actions, claims, demands and costs with respect thereto; this subsection (ii) shall not be interpreted to prevent Tenant from carrying on in the Premises any business to the extent expressly permitted pursuant to section 8.1 hereof; or occupancy any business or activity not in compliance with all Laws. The inclusion of the foregoing provisions of this section 8.10 shall not be deemed to be a representation or warranty of Landlord that any of the foregoing activities will not be authorized by Landlord to be conducted on any part of the Project. If, in the opinion of Landlord, Tenant is in breach of any of the Premises for any purpose or provisions of this section 8.10, Tenant shall immediately discontinue such use upon Landlord's written request. Any restrictive covenants granted by the Landlord shall not restrict the Tenant from carrying on its business as contemplated herein and shall not result in any manner which is or may be, directly or indirectly, increase in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable charges to the Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject pursuant to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Lease (Ace Hardware Corp)
Prohibited Uses. (a) Tenant will Sublessee shall not use, occupy or suffer or permit the use of, or occupancy of suffer or permit anything to be done in the Sublease Premises or the Building or any part thereof (i) which would violate any of the Premises for any purpose or in any manner which is or may becovenants, directly or indirectlyagreements, in violation terms, provisions and conditions of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”)this Sublease, (ii) covenants, conditions, for any unlawful purposes or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Leaseany unlawful manner, or (iii) insurance requirements.
which, in the reasonable judgment of Sublessor or Landlord shall in any way (a) impair or tend to impair the appearance or reputation of the Building, (b) Tenant shall not keep impair or permit interfere with or tend to be kept any substance in, impair or conduct or permit to be conducted any operation from, interfere with any of the Premises which is not reasonably consistent with Building services or the Permitted Use for such Premises proper and which might emit offensive odors economic heating, cleaning, air conditioning or conditionsother servicing of the Building, or make undue noise or create undue vibrations.
(c) Tenant shall not commit occasion discomfort, inconvenience or permit to remain any waste annoyance to any of the Premises.
(d) Tenant shall not install other tenants or permit to remain any improvements to any occupants of the Building, whether through the transmission of noise or odors or otherwise. Without limiting the generality of the foregoing, no food (except in connection with customary office vending machines, coffee service facilities and lunch room facilities set forth on the Complete Plans or other plans approved by Sublessor, provided such machines and facilities are used for and by occupants of the Sublease Premises which exceed only and their guests and further provided Sublessee pays any resulting increased costs pursuant to Section 13.8 and the structural loads other applicable provisions of floors this Sublease) shall be prepared or walls served for public or commercial consumption on or about the Sublease Premises; no intoxicating liquors or alcoholic beverages shall be sold or otherwise served to the general public on or about the Sublease Premises; no lottery tickets (even where the sale of such tickets is not illegal) shall be sold and no gambling, betting or wagering shall otherwise be permitted on or about the Sublease Premises; no combustible materials (except as disclosed to and approved by Sublessor) shall be stored or warehoused; no loitering shall be permitted on or about the Sublease Premises; and no loading or unloading of supplies or other material to or from the Sublease Premises shall be permitted on the Lot except during such hours as the Building is customarily open for business. The Sublease Premises shall be maintained by Sublessee in a sanitary condition, kept free from odors and kept free from rodents and laboratory animals of any buildings located on such Premiseskind and vermin. Sublessee shall be responsible for the proper handling and disposal of all its trash, or adversely affect rubbish and other wastes, and for compliance with all local, state and federal laws applicable to the mechanical, plumbing or electrical systems storage and disposal of any such buildings, or affect wastes. Sublessee shall also provide cleaning services to the structural integrity of any such Sublease Premises according to cleaning standards generally prevailing in first class buildings in the City of Boston and in accordance with any waycleaning specifications or rules and regulations promulgated from time to time by Landlord and Sublessor.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Prohibited Uses. (a) Tenant will further covenants and agrees that Tenant shall not use, occupy or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by Applicable Laws now or hereafter in effect, or any Underlying Documents. Landlord shall have the right to impose reasonable and customary rules and regulations based upon the nature of the Project as either a single-tenant or a multi-tenant First Class Life Sciences Project (which rules and regulations shall be modified by Landlord in accordance with Tenant’s reasonable requests, from time to time, taking into account whether or not Tenant and its Permitted Transferees are the sole occupants of all occupied space in the Project) regarding the use of the Project, as reasonably deemed necessary by Landlord with respect to the orderly operation of the Project as either a single-tenant or occupancy multi-tenant First Class Life Sciences Project, including, but not limited to, reasonable rules and regulations for the safe and sanitary operation of any fitness/wellness center or cafeteria operated by Tenant, and for the reasonable mitigation of noise, odors and other effects of such operations on other occupants of the Project, and provided that such rules and regulations are consistent with rules and regulations then being enforced by landlords of Comparable Buildings, with respect to tenants leasing a similar proportion of First Class Life Sciences Projects as Tenant is then leasing pursuant to this Lease, Tenant shall comply with such rules and regulations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Buildings, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with, and Tenant's rights and obligations under the Lease and Tenant's use of the Premises for any purpose or in any manner which is or may beshall be subject and subordinate to, directly or indirectlyall recorded easements, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or and restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsProject.
Appears in 1 contract
Sources: Lease (Nuvasive Inc)
Prohibited Uses. (a) Tenant will Owner shall not use, occupy or permit the use of, the Complex Site for any other, different or occupancy of any additional purpose that is not a Permitted Use without first obtaining the Approval of the Premises for City Representative. Owner agrees that the Permitted Uses are subject to Owner’s compliance with all Applicable Law at any purpose time applicable to the use, occupancy or in operation of the Complex Site. Notwithstanding the Permitted Uses hereunder, Owner agrees that it shall not (collectively, the “Prohibited Uses”):
(a) Create, cause, maintain or permit any manner which is public or may beprivate nuisance in, directly on or indirectlyabout the Complex Site; provided, however, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates no event shall a City Party be entitled to assert that a Permitted Use held in compliance with Applicable Law constitutes a public or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.private nuisance;
(b) Tenant shall not keep Use or permit allow the Complex Site to be kept used for the sale or display of any substance pornographic material or material which is obscene under standards set forth in any Applicable Law, or operate or allow any Person to operate in, on or conduct or permit to be conducted about the Complex Site any operation from, any “Adult Business” as defined in Sec. 138-418 of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.City Codes;
(c) Tenant shall not commit Use or permit allow the Complex Site to remain any waste to any be used in violation of the Premises.special warranty deed from the MEDC to Owner or Applicable Law;
(d) Tenant shall not install Except in connection with conventions, trade shows and other similar events and subject to rules, regulations and policies promulgated by the City, use or permit allow the Complex Site to remain any improvements to any be used for the public display or public or private sale of the Premises which exceed the structural loads of floors guns and other weapons, ammunition or walls of any buildings located on such Premisesexplosives, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.including fireworks;
(e) Tenant shall not commit Use or permit allow the Complex Site to be committed any action used for the sale or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation commercial display of any insurance policy covering such Premiseslewd, nor shall Tenant sell offensive or permit to be keptimmoral sign or advertisement, used including any sign or sold in advertisement that promotes lewd, offensive or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.immoral activities, including sexually immoral activities;
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now Use or allow the Complex Site to be used for the sale of paraphernalia or other equipment or apparatus which is used primarily in force or which may hereafter be in force and connection with the requirements taking or use of illegal drugs;
(g) Use or allow the Project Improvements or the Complex Site to be used as a place of permanent residence by any Person;
(h) Use or permit the Complex Site to be used for a shooting gallery, target range, vehicle repair facility, car wash facility, warehouse (but any area for the storage of goods intended to be sold or used in connection with Owners’ operations permitted hereunder shall not be deemed to be a warehouse), convalescent care facility or mortuary, or use or permit the Complex Site to be used for any assembly, manufacture, distillation, refining, smelting or other industrial or commercial operation or use (excluding, for the avoidance of doubt, a restaurant or other eatery in the concept of a restaurant-brewery, or “brewpub”); except to the extent permitted by the Project Specifications or otherwise permitted in this Agreement with respect to naming rights, installing any advertisements, signs, decorations or displays of any board kind on the exterior of fire underwriters the Complex; or
(i) Use or other similar body now or hereafter constituted relating to or affecting permit the use or occupancy of all of the Premises, excluding such structural changes as do not relate to Complex Site for illegal gambling; or
(j) Use or affect permit the use or occupancy of the PremisesComplex Site as a massage parlor or a tanning parlor. The provisions of this Section 12.2 shall inure to the benefit of and be enforceable by City Parties and their successors and assigns. No other Person, including any guest or patron of the Complex Site, shall have any right to enforce the prohibitions as are not related to or afforded by Tenant’s improvements or actsthe Prohibited Uses.
Appears in 1 contract
Sources: Grant and Development Agreement
Prohibited Uses. (a) No overnight lodging shall be permitted on the Premises. Tenant will not useshall not, occupy without Landlord’s prior written consent, keep anything within the Premises or permit the use or occupancy of any of the Premises for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with other than the Permitted Use for such Premises and which might emit offensive odors Use) that increases the insurance premium cost or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of invalidates any insurance policy covering such Premises, nor shall Tenant sell carried on the Premises or permit to be other parts of the Project. All property kept, used stored or sold in or about any of maintained within the Premises any articles which may by Tenant shall be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost risk. Tenant shall not conduct within the Premises any fire, auction, bankruptcy, “going out of business”, “lost our lease”, or similar sales or operate within the Premises a “wholesale” or “factory outlet” store, a cooperative store, a “second-hand” store, a “surplus” store or a store commonly referred to as a “discount house”. Tenant shall not advertise that it sells its products or services at “discount”, “cut-price”, or “cut-rate” prices. Tenant shall not (a) permit any objectionable or unpleasant odors to emanate from the Premises; (b) place or permit any radio, television, loudspeaker or amplifier on the roof or outside the Premises or where the same can be seen or heard from outside the Premises; (c) except as otherwise set forth herein, place any antenna, awning or other projection on the exterior of the Premises; (d) take any other action that would constitute a legal nuisance or would materially disturb or endanger other tenants of the Project or unreasonably interfere with their use of their respective premises; (e) operate any nightclub, bar or other business serving alcoholic beverages, adult bookstore, massage parlor, head shop, or store selling marijuana or drug paraphernalia, any adult entertainment or sexually oriented business; (f) violate any governmental law, ordinance, rule or regulation, or (g) operate any business that would violate the exclusives set forth on Exhibit H. Tenant shall take good care of the Premises and keep the same free from material physical waste at all times. Tenant shall keep the Premises neat, clean and free from dirt or rubbish at all times, and shall store all trash and garbage within the Premises, and provide for the regular pick-up of such trash and garbage at Tenant’s expense. Receiving and delivery of goods and merchandise and removal of garbage and trash shall be made only in the manner and areas prescribed by Landlord. Tenant shall not operate an incinerator or burn trash or garbage within the Project. Tenant shall maintain all display windows in a neat, promptly attractive condition, and shall keep all display windows, exterior electric signs and exterior lighting under any canopy in front of the Premises lighted from dusk until 11:00 p.m. every day, including Sundays and holidays. Tenant shall procure at its sole expense all permits and licenses required for the transaction of business in the Premises and otherwise comply with all Legal Requirements now in force or which may hereafter be in force applicable laws, ordinances, and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsgovernmental regulations.
Appears in 1 contract
Sources: Lease Agreement (Kamada LTD)
Prohibited Uses. You may not do anything with the Licensed Content that is not expressly permitted in the preceding section. For greater certainty, nothing in this Agreement grants the Licensee any of the following rights (the “Prohibited Uses”), which are strictly prohibited and expressly retained by ▇▇▇▇▇▇▇▇:
(i) Resale, sub-licensing, assigning, gifting, or transfer of Licensed Content in source file form or the rights granted under this Agreement, including the foregoing activities in any way that is directly competitive with NaviSavi’s original distribution of the Licensed Content, is strictly prohibited. To the extent that source code is contained within the Licensed Content, to reverse engineer, decompile, or disassemble any part of such source code is strictly prohibited.
(ii) Making public or sharing Licensed Content in any way that allows others to download, extract, or redistribute Licensed Content as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited. Similarly, Licensee may not incorporate the Licensed Content in any product that results in a redistribution or re-use of the Licensed Content or is otherwise made available in a manner such that a person can extract or access or reproduce the Licensed Content as an electronic file.
(iii) Use of the Licensed Content in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, as determined by NaviSavi or under applicable law, is strictly prohibited, including, without limitation, any use of Licensed Content that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) may place any person depicted in the Licensed Content in a bad light or in a way that they may find offensive, including, but not limited to, the use of images: (a) Tenant will not usein pornography, occupy or permit the use or occupancy of any of the Premises for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant “adult videos” or the Premiseslike; (b) in ads for tobacco products; (c) in ads or promotional materials for adult NAVISAVI CONFIDENTIAL 4864-0938-2832.6 entertainment clubs or similar venues, including or for escort, dating or similar services; (d) in connection with political endorsements; (e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to zoningdietary supplements, environmental digestive aids, herbal supplements, personal hygiene or birth control products; and utility conservation matters (hereinafter “Legal Requirements”f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use Licensed Content containing the likeness of a person if such use implies that the person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;
(iv) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(v) may constitute or contribute to a crime or tort;
(vi) contains any information or content that ▇▇▇▇▇▇▇▇ deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
(viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(ix) contains any information or content that you know is not correct and current; or
(x) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
(iv) Falsely representing authorship and/or ownership of Licensed Content is strictly prohibited.
(v) Use any of the Licensed Content as part of a trade-mark, design-mark, trade-name, business name, or service mark, whether registered or not, is strictly prohibited,
(vi) Use of any Licensed Content identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use is strictly prohibited, unless stated in contract conditions. For clarification, in this Agreement “Editorial Use Only” of Licensed Content means use NAVISAVI CONFIDENTIAL 4864-0938-2832.6 relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor).
(vii) Any other use that is not expressly permitted in Section 2(a) (Grant of Rights for Licensed Content) is strictly prohibited.
(viii) Audio clips or extracts may not be used as follows:
(i) as a musical theme;
(ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county an audio-only capacity in which such Premises audio clips or extracts are located on or before the date on which such Premises became subject to this Lease, or primary content;
(iii) insurance requirementsremixed or otherwise altered, except that Licensee may engage in basic editing (e.g., setting start/stop points, determining fade-in/fade-out points, etc.); or
(biv) Tenant shall not keep in a downloadable form available through the internet or permit to be kept any substance inotherwise including making it available via FTP, IRC, peer-to-peer file sharing services or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrationslike.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Video Content License Agreement
Prohibited Uses. (a) Notwithstanding any other provision of this Lease, Tenant will shall not useuse the Premises or the Building, occupy or any part thereof, or suffer or permit the use or occupancy of the Premises or the Building or any part thereof by any of the Premises Tenant Parties (hereinafter defined) (i) in a manner which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or otherwise applicable to or binding upon the Premises; (ii) in a manner which, in the reasonable judgment of Landlord (taking into account the Building for office use and the Permitted Uses) shall (a) impair the appearance or reputation of the Building; (b) impair, interfere with or otherwise diminish the quality of any purpose of the Building services or the proper and economic heating, cleaning, ventilating, air conditioning or other servicing of the Building or Premises, or the use of any of the Common Areas; (c) occasion discomfort, inconvenience or annoyance in any material respect, or cause any injury or damage to any occupants of the Premises or other tenants or occupants of the Building or their property; or (d) cause harmful air emissions or any unusual or other objectionable odors, noises or emissions to emanate from the Premises; (iii) in a manner which is shall increase such insurance rates on the Building or may be, directly on property located therein over that applicable when Tenant first took occupancy of the Premises hereunder; or indirectly, (vii) in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of exclusive use granted to any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record other tenant in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirementsBuilding.
(b) With respect to the use and occupancy of the Premises and the Common Areas, Tenant shall not keep will not: (i) place or maintain any signage (except as may be permitted by Article 10 below), Trash (hereinafter defined) or other articles in any vestibule or entry of the Premises, on the footwalks or corridors adjacent thereto or elsewhere on the exterior of the Premises, nor obstruct any driveway, corridor, footwalk, parking area, mall or any other Common Areas; (ii) permit undue accumulations of or burn garbage, trash, rubbish or other refuse (collectively, “Trash”) within or outside of the Premises; (iii) permit the parking of vehicles so as to be kept interfere with the use of any substance indriveway, corridor, footwalk, parking area, or other Common Areas; (iv) receive or ship articles of any kind outside of those areas reasonably designated by Landlord; (v) conduct or permit to be conducted any operation fromauction, going out of business sale, bankruptcy sale (unless directed by court order), or other similar type sale in or connected with the Premises; (vi) use the name of Landlord, or any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors Landlord’s affiliates or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings subsidiaries in any way.
publicity, promotion, press release, advertising, printed, electronic or display materials without Landlord’s prior written consent (e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenantwithheld in Landlord’s sole cost and expensediscretion); (vii) permit any animals other than service animals in the Building; or (viii) except in connection with Alterations (hereinafter defined) approved by Landlord, promptly comply with all Legal Requirements now cause or permit any hole to be drilled or made in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all part of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsBuilding.
Appears in 1 contract
Prohibited Uses. 5.1 Licensee shall not remove, obscure or alter any notice of copyright, trademark, service mark, logo, trade secret, or other proprietary right appearing in or on the Licensed Materials.
5.2 Licensee shall not use the Licensed Materials for any Commercial Purposes under any circumstances without the prior written approval of Springer.
5.3 Licensee shall not update, change, revise, adapt, modify, translate, transform or create any derivative work of the Licensed Materials, except as may be permitted in accordance with Section 4.
5.4 Licensee shall not use any part of the Licensed Materials in any manner that is not permitted by this Agreement or that could infringe the copyright or any other proprietary rights therein.
5.5 Licensee shall not electronically re-transmit (ae. g., via e-mail) Tenant will not or post the Licensed Materials on their personal or public websites (except as expressly provided in Section 3), nor shall they reproduce the Licensed Materials or portions thereof for the purpose of distribution (irrespective of whether for commercial or non-profit use, occupy for a fee, or permit free of charge), except as may be permitted in accordance with Section 4.
5.6 Licensee shall not use the use Licensed Materials for third party purposes (e. g., in online services provided to third parties) and shall not post the Licensed Materials on networks allowing public access, public communication, broadcasting right, and the commercial rendering of information services.
5.7 Licensee shall not re-distribute the Licensed Materials and shall not sub-license any rights granted herein to any other individual or occupancy of institution other than an Authorized User. Licensee shall not distribute any part of the Premises Licensed Materials on any electronic network other than the Licensee’s Secure Network for use by Licensee, Participating Institutions and Authorized Users.
5.8 Licensee shall not use routines designed to continuously and automatically search and index the Licensed Materials, such as web-crawling or spider programs. Licensee shall not systematically download any Licensed Materials.
5.9 Licensee shall not use any part of the Licensed Materials for any trademark purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirementstrademark form.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Master License Agreement
Prohibited Uses. The following acts or uses of the Trailer/Equipment are prohibited, and constitute material breaches of the Agreement: (a) Tenant will not use, occupy or permit failing to properly load materials and distribute the use or occupancy weight of any those materials to allow safe operation of the Premises for Trailer/Equipment; (b) failing to properly secure the Trailer/Equipment to the towing vehicle specified at Part 2 above (the “Towing Vehicle”); (c) failing to summon the police to an accident involving the Trailer/Equipment; (d) damaging the Trailer/Equipment by Renter’s intentional, wanton, willful, or reckless conduct; (e) transporting passengers in or on the Trailer/Equipment while the Trailer/Equipment is being towed; (f) placing signs or lettering on any purpose or part of the Trailer/Equipment; (g) failing to use the Trailer/Equipment in any manner which is or may be, directly or indirectly, in violation of any compliance with all instructions and warnings provided by Hilltop; and (h) towing the Trailer/Equipment: (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), by anyone other than Renter; (ii) covenants, conditions, by anyone under the influence of drugs or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or alcohol; (iii) insurance requirements.
by anyone who obtained the Trailer/Equipment or extended the rental period by giving Hilltop false, fraudulent or misleading information; (biv) Tenant shall not keep in furtherance of an illegal purpose or permit under circumstance that would constitute a violation of law other than a minor traffic citation; (v) for commercial purposes without Hilltop’s written consent; (vi) to be kept any substance in, carry dangerous or conduct hazardous items or permit illegal material; (vii) outside the United States or Canada; (viii) when loaded beyond the manufacturer’s suggested tow rating for the Trailer/Equipment; (ix) when driven through or under an underpass or other structure without sufficient side clearance; (x) when it is reasonable to be conducted any expect Renter to know that further operation from, any would damage the Trailer/Equipment; (xi) in a manner that causes damage to the Trailer/Equipment thereon due to inadequately secured cargo; (xii) with the Towing Vehicle when the Towing Vehicle has insufficient towing capacity as determined by the manufacturer of the Premises which Towing Vehicle; (xiii) by anyone who is not reasonably consistent with sending or receiving an electronic message, including text (SMS) messages or emails, while operating the Permitted Use for such Premises and which might emit offensive odors Towing Vehicle; or conditions, or make undue noise or create undue vibrations(xix) by anything other than the Towing Vehicle.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Rental Agreement
Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for the operation of a "Flexible Workplace Center," as that term is defined below, and Tenant shall not allow any Flexible Workplace Center to occupy all or any portion of the Premises. A "Flexible Workplace Center" means a flexible workplace environment where the primary business conducted is as a provider of coworking or executive/shared office suites or a flexible workplace center or virtual office space (a) e.g., WeWork). Tenant will further covenants and agrees that Tenant shall not use, occupy or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect, or any Underlying Documents. Tenant shall not allow the use or occupancy of the Premises in violation of any of the exclusive uses set forth on Exhibit D-1 attached hereto. Tenant shall not do or permit anything to be done in or about the Premises which would reasonably be expected to materially damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any purpose improper, unlawful or in objectionable purpose, nor shall Tenant cause, maintain or permit any manner which is nuisance in, on or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or about the Premises. Tenant shall comply with, including but not limited to zoningand Tenant's rights and obligations under the Lease and Tenant's use of the Premises shall be subject and subordinate to, environmental and utility conservation matters (hereinafter “Legal Requirements”)all recorded easements, (ii) covenants, conditions, or and restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsProject.
Appears in 1 contract
Prohibited Uses. (a) Tenant will shall not use, occupy or permit the use or occupancy of any of of, the Leased Premises for any other, different or additional purpose that is not a Permitted Use without first obtaining the Approval of the Landlord Representative. Notwithstanding the Permitted Uses hereunder (but subject to Section 12.1(j)), Tenant agrees that it shall not (collectively, the “Prohibited Uses”):
(a) Create, cause, maintain or in permit any manner which is public or may beprivate nuisance in, directly on or indirectlyabout the Leased Premises; provided, however, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates no event will Landlord be entitled to assert that a Permitted Use held in compliance with Applicable Laws constitutes a public or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.private nuisance;
(b) Tenant shall not keep Use or permit allow the Leased Premises to be kept used for the sale or display of any substance pornographic material or material which is obscene under standards set forth in any Applicable Laws, or operate or allow any Person to operate in, on or conduct about the Leased Premises any store or permit to be conducted any operation fromother facility, any a principal or significant portion of the Premises business of which is not reasonably consistent with an “Adult Oriented Business,” as such term is defined in Section 25-2-801 of the Permitted Use for such Premises and which might emit offensive odors or conditionsCity of Austin Municipal Code, as same may be amended from time to time during the Term, or make undue noise or create undue vibrations.any similar business;
(c) Tenant shall not commit Use or permit allow the Leased Premises to remain any waste to any be used for the sale of paraphernalia or other equipment or apparatus that is used primarily in connection with the Premises.taking or use of illegal drugs;
(d) Tenant shall not install Use or permit allow the Project Improvements or the Leased Premises to remain be used as a place of permanent residence by any improvements to any Person, except for affordable housing required or permitted by Section 3.4(b) or as otherwise may be part of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.Ancillary Development;
(e) Tenant Use or permit the Leased Premises to be used for a shooting gallery, target range, vehicle repair facility, car wash facility, warehouse (but any area for the storage of goods intended to be sold or used in connection with Tenants’ operations permitted hereunder shall not commit be deemed to be a warehouse), convalescent care facility or mortuary, or use or permit the Leased Premises to be committed used for any action assembly, manufacture, refining, smelting or circumstance other industrial or commercial operation or use (excluding, for the avoidance of doubt, a restaurant or other eatery in the concept of a restaurant-brewery, or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.“brewpub”); or
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force Use or which may hereafter be in force and with permit the requirements use of any board of fire underwriters the Leased Premises as a casino (or other similar body now establishment in which gambling is permitted or hereafter constituted relating games of chance are operated), a gentlemen’s club (or other establishment that allows full or partial nudity), a massage parlor (provided that massage services may be offered by a licensed massage therapist as a part of a health, beauty or fitness operation) or a tanning parlor. The provisions of this Section 12.2 shall inure to the benefit of, and be enforceable by Landlord and its successors and assigns. No other Person, including any guest or affecting the use or occupancy of all patron of the Leased Premises, excluding such structural changes shall have any right to enforce the prohibitions as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsProhibited Uses.
Appears in 1 contract
Sources: Lease and Development Agreement
Prohibited Uses. (a) Tenant will shall not use, occupy do or permit the use or occupancy of any of the Premises for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit anything to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance done in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might which will cause a cancellation of any insurance policy covering such the Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles articles, materials, or substances which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articlesinsurance.
(fb) Tenant shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance or governmental rule or regulation or requirement of duly constituted public authorities now in force or which may hereafter be enacted, promulgated or created. Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such including structural changes as do not that relate to or affect the use.
(c) Tenant shall not use the Premises for any sexually-oriented business activities, including, without limitation, as an adult store, strip club, or occupancy similar uses.
(d) Tenant shall comply with all requirements of any recorded restrictive covenants or bylaws of any owners association affecting the Premises.
(e) Tenant shall not permit smoking on or within the Premises at any time.
(f) Tenant shall not operate an incinerator or burn trash or garbage within the Premises, the Building, or as surrounding areas.
(g) Tenant shall not use the Premises or conduct any activities therein which include or cause excessive noise or which otherwise interfere with the business activities or uses of other tenants occupying other spaces within the Building in which the Premises are located.
(h) Tenant shall not permit any objectionable noises or odors to emanate from the Premises; nor take any other action or engage in any activities which would constitute a nuisance or would disturb or endanger other tenants of in the Building; nor permit any unlawful or immoral practice to be carried on or committed within the Premises.
(i) Tenant shall not make any structural alterations, additions or improvements to the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion.
(j) No pets of any kind are allowed. Because this is a commercial project, with various industrial and commercial activities, dogs and other pets are not related to or afforded by Tenant’s improvements or actsallowed under any circumstances. Tenant shall pay Landlord a $500 fine for each violation of this provision.
Appears in 1 contract
Sources: Commercial Lease Agreement
Prohibited Uses. (a) Notwithstanding any other provision of this Lease, Tenant will shall not useuse the Premises or the Building, occupy or any part thereof, or suffer or permit the use or occupancy of the Premises or the Building or any part thereof by any of the Premises Tenant Parties (i) in a manner which violates any of the covenants, agreements, terms, provisions and conditions of this Lease; (ii) for any purpose unlawful purposes or in any unlawful manner; (iii) which, in the reasonable good faith judgment of Landlord (taking into account the use of the Building as a combination laboratory, research and development, GMP manufacturing, and office building and the Permitted Uses) shall (a) impair the appearance or reputation of the Building; (b) impair, interfere with or otherwise diminish the quality of any of the Building services, or the use of any of the Common Areas; (c) occasion discomfort, inconvenience or annoyance in any material respect, or cause any injury or damage to any other tenants or occupants of the Building or their property; or (d) cause harmful air emissions, laboratory odors or noises or any unusual or other objectionable odors, noises or emissions to emanate from the Premises taking into account the use of the Building as a combination laboratory, research and development, GMP manufacturing, and office building and the Permitted Uses); (iv) in a manner which is materially inconsistent with the operation and/or maintenance of the Building as a first-class combination office, research, development, GMP manufacturing, and laboratory facility; (v) [intentionally omitted]; or may be(vi) in a manner which shall increase such insurance rates on the Building or on property located therein over that applicable when Tenant first took occupancy of the Premises hereunder unless Tenant pays such increase within thirty (30) days after demand therefor from time to time. From and after the Execution Date, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority Landlord shall include substantially similar provisions in any way applicable to Tenant or other leases at the Premises, including but Building and shall not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to enforce such Premises and appearing of record provisions in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirementsa discriminatory manner.
(b) With respect to the use and occupancy of the Premises and the Common Areas, Tenant shall not keep will not: (i) place or maintain any signage (except as set forth in Section 12.2 below), trash, refuse or other articles in any vestibule or entry of the Premises, on the footwalks or corridors adjacent thereto or elsewhere on the exterior of the Premises, nor obstruct any driveway, corridor, footwalk, parking area, mall or any other Common Areas; (ii) permit undue accumulations of or burn garbage, trash, rubbish or other refuse within or without the Premises; (iii) permit the parking of vehicles so as to be kept interfere with the use of any substance indriveway, corridor, footwalk, parking area, or other Common Areas; (iv) receive or ship articles of any kind outside of those areas reasonably designated by Landlord; (v) conduct or permit to be conducted any operation fromauction, any going out of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditionsbusiness sale, or make undue noise or create undue vibrations.
bankruptcy sale (c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premisesunless directed by court order), or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now type sale in or hereafter constituted relating connected with the Premises; (vi) use the name of Landlord, or any of Landlord’s affiliates in any publicity, promotion, trailer, press release, advertising, printed, or display materials without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed; or (vii) except in connection with Alterations (hereinafter defined) approved by Landlord or otherwise not requiring Landlord’s approval, cause or permit any hole to be drilled or affecting the use or occupancy of all made in any part of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsBuilding.
Appears in 1 contract
Prohibited Uses. (a) Tenant will shall not use, occupy use or permit the Leased Premises to be used in any manner other than the Permitted Uses. Notwithstanding anything contained herein to the contrary, Tenant shall not use or occupancy of any of permit the Leased Premises for any purpose or to be used in any manner which is or may bewould (a) be contrary to any statute, directly or indirectly, in violation of any (i) judicial decisionsrule, order, injunctionsordinance, writsrequirement or regulation applicable or Tenant's use thereof including, statutesbut in no way limited to the Environmental Laws, rulingsas such term is hereafter defined; (b) cause injury to the Leased Premises; (c) constitute a public or private nuisance or waste or constitute or create any noise, rulesvibration or other sound that is not within industry standards for the machinery or equipment causing such noise, regulationsvibration or sound; (d) render the insurance on the Leased Premises void or the insurance risk more hazardous or create any defense to payment; (e) require any additional retrofitting or improvements to Leased Premises to fully comply with any applicable laws, promulgations, directives, permits, certificates rules or ordinances regulations of any governmental authority or body, including, but in no way limited to, any way applicable to Tenant requirements of the Occupational Safety and Health Act and the Americans with Disabilities Act; and (f) be inconsistent with the general tone and tenor of the operations of the neighboring buildings, facilities or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record neighborhood uses in the office general area of the county recorder of the county in which such Leased Premises are located on or before the date on which such Premises became subject to this Lease("Prohibited Use"). ▇▇▇▇▇▇ agrees that it will promptly, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems upon discovery of any such buildingsProhibited Use, take all necessary steps to compel the discontinuance of such use. Landlord shall be entitled to and shall have the right and authority, as part of the rules and regulations that may be imposed from time to time, to fully or affect partially restrict, regulate and/or dictate areas of the structural integrity of any such buildings Leased Premises in which smoking may or may not take place or be permitted including, without limitations, imposing regulations that would prohibit smoking in any wayconfined area.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Prohibited Uses. (a) Tenant will not useThe uses prohibited under this Lease shall include, occupy or permit the without limitation, use or occupancy of any of the Premises or a portion thereof for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances offices of any governmental authority agency or bureau of the United States or any state or political subdivision thereof (provided, however, that to the extent Landlord permits an office of any agency or bureau of the United States or any state or political subdivision thereof to be conducted at the Project, then Tenant shall be permitted to conduct such uses in any way applicable a comparable manner and to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”a comparable extent), ; (ii) covenants, conditions, offices or restrictions applicable to such Premises and appearing agencies of record in the office of the county recorder of the county in which such Premises are located on any foreign governmental or before the date on which such Premises became subject to this Lease, or political subdivision thereof; (iii) insurance requirements.
offices of any health care professionals or service organization; (biv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any allow occupancy density of use of the Premises which is not reasonably consistent with greater than the Permitted Use for such Premises average density of the other tenants of the buildings in the Project. Tenant further covenants and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) agrees that Tenant shall not commit use, or suffer or permit any person or persons to remain use, the Premises or any waste part thereof for any use or purpose contrary to any the provisions of the Premises.
(dRules and Regulations set forth in Exhibit D, attached hereto, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not install do or permit anything to remain any improvements to any of be done in or about the Premises which exceed will in any way obstruct or materially interfere with the structural loads rights of floors other tenants or walls occupants of any buildings located on such Premisesthe Buildings, or adversely affect injure or annoy them or use or allow the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit Premises to be committed used for any action improper, unlawful or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premisesobjectionable purpose, nor shall Tenant sell cause, maintain or permit to be keptany nuisance in, used or sold in on or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Premises. Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly shall comply with all Legal Requirements now in force or which may hereafter be in force recorded covenants, conditions, and with the requirements of any board of fire underwriters or other similar body restrictions now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsProject.
Appears in 1 contract
Sources: Office Lease (Ixia)
Prohibited Uses. The material addressed in this Paragraph 3 (athe “ThreatConnect Material”) Tenant is licensed, not sold. Licensee will not useuse the ThreatConnect Material for any purposes beyond the scope of the licenses granted in this Agreement. Without limiting the generality of the foregoing and except as expressly permitted in this Agreement, occupy Licensee will not (and will not permit any third party to): (i) allow use of the ThreatConnect Material by persons other than Authorized Users; (ii) assign, sublicense, distribute, sell, lease, rent, novate or permit otherwise transfer or convey the ThreatConnect Material to any third party, (iii) disclose any applicable software license key to the Licensed Software to any third party; (iv) pledge as security or otherwise encumber Licensee’s right under the licenses granted in this Paragraph 3; (v) modify, adapt, translate, publicly display, publish, create derivative works from, or distribute the Licensed Material (or any component thereof); (vi) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the ThreatConnect Material, except and only to the extent that applicable law expressly permits such actions despite this limitation – and, in such circumstances, Licensee must notify ThreatConnect and allow ThreatConnect the opportunity to carry out such actions for a reasonable commercial fee; (vii) use the ThreatConnect Material as a service bureau, ASP or occupancy of SaaS offering for third parties; (viii) remove, alter or obscure any proprietary notices or legends from the ThreatConnect Material or any copies thereof; (ix) resell, commercially exploit, publicly disclose, or otherwise make available to any third party any of the Premises for any purpose or in any manner which is or may be, directly or indirectly, in violation of any ThreatConnect Material. All rights not granted under the Agreement are reserved by ThreatConnect and its licensors (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”if any), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Cloud and Support Agreement
Prohibited Uses. (a) Tenant will not useThe uses prohibited under this Lease shall include, occupy or permit the without limitation, use or occupancy of any of the Premises or a portion thereof for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances offices of any governmental authority in agency or bureau of the United States or any way applicable state or political subdivision thereof, unless Landlord has agreed to Tenant or permit such uses within other portions of the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), office component of the Project; (ii) covenantsoffices or agencies of any foreign governmental or political subdivision thereof, conditions, or restrictions applicable unless Landlord has agreed to permit such Premises and appearing uses within other portions of record in the office component of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or Project; (iii) insurance requirements.
offices of any health care professionals or service organization; (biv) Tenant schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; and (vi) uses prohibited under the Underlying Documents. Tenant's use shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of result in an occupancy density for the Premises which is greater than the density permitted by Applicable Laws and zoning requirements, and further provided that Landlord shall not reasonably consistent be obligated to make any changes to the Base Building or Common Areas to accommodate Tenant's occupancy density. Tenant further covenants and agrees that it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the rules and regulations attached to this Lease as Exhibit D ("Rules and Regulations"), provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the Permitted Use for such Premises normal and which might emit offensive odors or conditionscustomary conduct of Tenant's business. In the event of any conflict between the Rules and Regulations and the other provisions of this Lease, or make undue noise or create undue vibrations.
(c) the other provisions of this Lease shall control. Tenant shall not commit do or permit anything to remain any waste to any of the Premises.
(d) Tenant shall not install be done in or permit to remain any improvements to any of about the Premises which exceed will in any material way obstruct or interfere with the structural loads rights of floors other tenants or walls occupants of any buildings located on such Premisesthe Project, or adversely affect allow the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit Premises to be committed used for any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premisesunlawful purpose, nor shall Tenant sell cause, maintain or permit to be keptany nuisance in, used or sold in on or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Office Lease (Roku, Inc)
Prohibited Uses. Tenant shall not use nor permit the use of the Leased Premises for any other or additional purpose that is not, during the Term of this Agreement or any extension option period, a Permitted Development Use or Permitted Operational Use, without first obtaining the prior written consent of the City, which consent may be granted, withheld, conditioned or delayed in City’s sole and absolute discretion. Tenant acknowledges that the use of the Leased Premises is subject to all statutes, laws, treaties, rules, codes, ordinances, regulations, permits, interpretations, certificates or orders of any governmental entity, or any judgments, decisions, decrees, injunctions, writes, orders or like actions of any court, arbitrator, or other Federal, State or local governmental entity (hereafter the “Governmental Rules“) at any time applicable to the Leased Premises and improvements thereon and that nothing in this Article V or elsewhere in this Agreement shall constitute or be deemed to constitute a waiver by the City of the performance of its governmental functions or of any such Governmental Rules or of the duty of Tenant to comply with such Governmental Rules. Tenant agrees that it shall not (collectively, the “Prohibited Uses“):
(a) Tenant will not use, occupy or permit the use or occupancy allow the Leased Premises to be used for the sale or display of any pornographic material or material which is obscene under standards set forth in any Governmental Rules or operate, or allow any person to operate, in, on or about the Leased Premises, any store or other facility a principal or significant portion of the Premises for any purpose or in any manner business of which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter a “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to sexually oriented business” as such Premises and appearing of record term is defined in the office of the county recorder of the county in which such Premises are located on City Codes or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.similar business;
(b) Tenant shall not keep use or permit allow the Leased Premises to be kept used for the display of lewd, offensive or immoral sign or advertisement, including any substance insign or advertisement that promotes lewd, offensive or conduct or permit to be conducted any operation fromimmoral activities, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.including sexually immoral activities;
(c) Tenant shall not commit use or permit allow the Leased Premises to remain any waste to any be used for the sale of paraphernalia or other equipment or apparatus which is used primarily in connection with the Premises.taking or use of illegal drugs;
(d) Tenant shall not install use or permit the Leased Premises to remain any improvements to any be used for the public display or public or private sale of the Premises which exceed the structural loads of floors guns or walls of any buildings located on such Premisesother weapons, ammunition, explosives or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.fireworks;
(e) Tenant shall not commit use or permit the Leased Premises to be committed any action used as a gentlemen’s club (or circumstance in other similar establishment which allows full or about any of the Premisespartial nudity), nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited massage parlor (provided that massage services offered by a standard form policy licensed massage therapist as part of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.a health, beauty or fitness operation that is otherwise a Permitted Use will be permitted);
(f) Tenant shallrecognizing the nature of the Mixed Use Improvements as an urban style mixed-use building that may include retail, at Tenant’s sole cost restaurant, office, commercial, residential and/or specialty uses, engage in activities on or in the Leased Premises that create material and expenseunreasonable dust, promptly comply noise, odors, traffic hazards or other effects that unreasonably disturb the use and enjoyment of the neighboring properties or the general public;
(g) use, generate, manufacture, produce, store, treat or dispose of hazardous materials (other than the use, storage and disposal of hazardous materials customarily used, stored or disposed of in the operation or cleaning of facilities within a mixed-use development, so long as such hazardous materials are used, stored and disposed of in compliance with all Legal Requirements now applicable Governmental Rules);
(h) cause or permit undue accumulations of garbage, trash, rubbish or any other refuse in, on or about the Leased Premises;
(i) create, cause, maintain or permit any public or private nuisance in, on or about the Leased Premises; and
(j) use or permit the Leased Premises to be used for the sale of vaping devices or e-cigarettes or other equipment or apparatus which is used primarily in force or which may hereafter be in force and connection with the requirements taking or use of nicotine, provided, however, that same may be sold in any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting convenience store located on the use or occupancy of all of the Leased Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Ground Lease
Prohibited Uses. (a) Tenant will further covenants and agrees that Tenant shall not use, occupy or suffer or permit any person or persons to use, the Premises or any part thereof for any use or occupancy purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit D, attached hereto, or in violation of the laws of the United States of America, the State of California, the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will unreasonably obstruct or interfere with the rights of other tenants or occupants of the Project, or injure or annoy them or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with, and Tenant’s rights and obligations under the Lease and Tenant’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions (collectively, “CC&Rs”) now or hereafter affecting the Project, but with respect to any CC&Rs recorded following the date of this Lease (“Future CC&Rs”), Tenant agrees to comply with such Future CC&Rs only to the extent such Future CC&R’s do not adversely affect Tenant’s use of the Premises for any purpose the Permitted Use, or in any manner which is increase Tenant’s costs or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable obligations hereunder. Landlord hereby represents and warrants to Tenant that there are no unrecorded existing CC&Rs that would conflict or would interfere with the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing terms of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any would interfere with the use of the Premises which is not reasonably consistent with by Tenant for the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrationsUse.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Lease (THQ Inc)
Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (ai) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail use or the operation of any restaurant offering services to the public; (vi) a data or call center; or (vii) communications firms such as radio and/or television stations. Tenant will further covenants and agrees that Tenant shall not use, occupy or suffer or permit any person or persons to use, the Premises or any part thereof for any use or occupancy of any purpose contrary to the provisions of the Premises for any purpose Rules and Regulations set forth in Exhibit D, attached hereto, or in any manner which is or may be, directly or indirectly, in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any (i) judicial decisionssuch laws, orderordinances, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates regulations or ordinances of any governmental authority requirements relating to Hazardous Substances. Tenant shall not do or permit anything to be done in or about the Premises which will in any way applicable damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) . Tenant shall comply with all recorded covenants, conditions, and restrictions now or restrictions applicable to such Premises and appearing of record hereafter affecting the Project. Except for small quantities customarily used in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Leasebusiness offices, or (iii) insurance requirements.
(b) Tenant shall not keep cause or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit Hazardous Substance to be kept, used maintained, used, stored, produced, generated or sold disposed of (into the sewage or waste disposal system or otherwise) on or in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at or Tenant’s sole cost agents, employees, contractors, invitees, assignees or sublessees, without first obtaining Landlord’s written consent. Tenant shall immediately notify, and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by shall direct Tenant’s improvements or acts.agents,
Appears in 1 contract
Sources: Office Lease (FIGS, Inc.)
Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (ai) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses or an employee-only food preparation service facilities (other than limited food services such as coffee bars, snack bars and other similar uses intended to serve Tenant will and Tenant’s employees and invitees), except as permitted by the Underlying Documents (including any modifications thereto, subject to Section 5.3 below) and the TCCs of Section 5.6 below; and (vi) broadcast facilities, radio and/or television stations. Tenant further covenants and agrees that it shall not use, occupy or suffer or permit any person or persons to use, the Premises or any part thereof for any use or occupancy of any of purpose contrary to the Premises for any purpose Rules and Regulations (as defined hereinbelow); or in any manner which is or may be, directly or indirectly, in violation of Applicable Laws, including, without limitation, any Environmental Laws relating to Hazardous Materials (i) judicial decisionsas those terms are defined in Section 29.33.1 below). Tenant agrees to comply with all rules and regulations of the Buildings and the Project as set forth on Exhibit D attached hereto (the “Rules and Regulations”). Landlord shall have no right to modify the Rules and Regulations, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances except to the extent such modifications are consistent with the rules and regulations promulgated by the landlords of the Comparable Buildings and Tenant’s level of occupancy of the Building. To the extent of any governmental authority conflict between the terms and conditions of this Lease and the terms and conditions set forth in the Rules and Regulations, the terms and conditions of this Lease shall control. Landlord shall enforce the Rules and Regulations in a non-discriminatory manner. Tenant shall not do or permit anything to be done in or about the Premises which will in any way applicable damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Buildings, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) . Tenant shall comply with all recorded covenants, conditions, or and restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsProject.
Appears in 1 contract
Sources: Office Lease (Box Inc)
Prohibited Uses. (a) Tenant will not useLicensee shall use the Property only in the manner, occupy or permit for the approved Purposes and to the extent provided in this Agreement. It is understood that Licensor shall remain the sole owner of the Property and that neither the performance of this Agreement nor the use by Licensee thereof shall confer on Licensee any ownership rights thereto. It is understood that Licensee shall remain the sole owner of its trademarks and the formulas for its Products and that the performance of this Agreement shall not confer on Licensor any ownership rights thereto.
(b) Licensee shall not advertise, promote, manufacture, package, ship, distribute or occupancy of any sell the Products outside of the Premises Authorized Channels of Trade or Territories or for any purpose other than the Purposes.
(c) Licensee shall not use the Trademark or any trademark confusingly similar to the Trademark or any other trademark, service m▇▇▇ or business name owned by Licensor whether registered or not, for any purpose or in any manner which whatsoever without the express written consent of Licensor. Licensor acknowledges that "Uniflex" is not confusingly similar to the Trademark.
(d) During the Term hereof, Licensor or any of its agents, employees, representatives or affiliates, may beuse or grant any party the right, directly or indirectly, in violation to use the Property and the Compound. Licensor’s sale of any (i) judicial decisionsthe Compound to Licensee will be on a non-exclusive basis, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates and Licensor is free to sell the Compound to other third parties inside or ordinances outside the Authorized Channels of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditionsTrade, or restrictions applicable to such Premises and appearing of record in for the office of Purpose or other purposes; provided, however that Licensor will give Licensee first preference when filling orders for the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any wayCompound.
(e) Tenant Unless the clinical proven daily dosage for the Compound decreases or unless approved in advance, in writing, by Licensor, Licensee shall not commit or permit to be committed any action or circumstance in or about recommend a daily dosage of Compound less than the amount set forth on Schedule E on any of the Premises, nor bring its Product labels or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articlespackaging.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: License Agreement (Schiff Nutrition International, Inc.)
Prohibited Uses. (a) Tenant will further covenants and agrees that Tenant shall not use, occupy or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, DOCPROPERTY "Document number" 4884-2045-4146. DOCPROPERTY "Document version" 4 DOCPROPERTY "Client" 186772. DOCPROPERTY "Matter" 00003/ SAVEDATE \@ M-d-yy 3-21-23/ DOCPROPERTY "User Init" mem/ DOCPROPERTY "Typist Init" ejs DOCPROPERTY "Footer Notes" HEALTHPEAK[Towers at Sierra Point][Tempest Therapeutics, Inc.] any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by Applicable Laws now or hereafter in effect, or any Underlying Documents. Landlord shall have the right to impose reasonable and customary rule and regulations regarding the use of the Project, as reasonably deemed necessary by Landlord with respect to the orderly operation of the Project, and Tenant shall comply with such reasonable rules and regulations, which shall not be enforced in a manner intended to discriminate against Tenant. In the event of a conflict between the rules and regulations and the terms of this Lease, the terms of this Lease shall control. Tenant shall not use or occupancy of allow the Premises to be used for any improper, unlawful, or objectionable purpose or do or permit anything to be done in or about the Premises which will cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with, and ▇▇▇▇▇▇'s rights and obligations under the Lease and ▇▇▇▇▇▇'s use of the Premises for any purpose or in any manner which is or may beshall be subject and subordinate to, directly or indirectlyall recorded easements, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or and restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsProject.
Appears in 1 contract
Sources: Lease (Tempest Therapeutics, Inc.)
Prohibited Uses. (a) Tenant will not useThe uses prohibited under this Lease shall include, occupy or permit the without limitation, use or occupancy of any of the Premises or a portion thereof for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances offices of any governmental authority in agency or bureau of the United States or any way applicable to Tenant state or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), political subdivision thereof; (ii) covenants, conditions, offices or restrictions applicable to such Premises and appearing agencies of record in the office of the county recorder of the county in which such Premises are located on any foreign governmental or before the date on which such Premises became subject to this Lease, or political subdivision thereof; (iii) insurance requirements.
offices of any health care professionals or health service organization; (biv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) broadcast communications firms such as radio and/or television stations. Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any allow occupancy density of use of the Premises which is not reasonably consistent with greater than one person per one hundred fifteen (115) rentable square feet of the Permitted Use for such Premises on average. Tenant further covenants and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) agrees that Tenant shall not commit use, or suffer or permit any person or persons to remain use, the Premises or any waste part thereof for any use or purpose contrary to any the provisions of the Premises.
(d) Tenant shall not install Rules and Regulations set forth in Exhibit D, attached hereto, or permit to remain in violation of any improvements to any laws, statutes, ordinances, regulations or other requirements of the Premises which exceed local municipal or county governing body or other lawful authorities having jurisdiction over the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements Project now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”) including, without limitation, any such Applicable Laws relating to Hazardous Materials (as hereinafter defined). Tenant shall not do or permit anything to be done in force and or about the Premises which will in any way unreasonably obstruct or interfere with the requirements rights of other tenants or occupants of the Building, or use or allow the Premises to be used for any board of fire underwriters improper, unlawful or other similar body objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter constituted relating to or affecting the use or occupancy of all of Project. Landlord covenants that it shall enforce the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsRules and Regulations in a non-discriminatory manner.
Appears in 1 contract
Prohibited Uses. Tenant shall comply with all of the following:
(a) Tenant will shall not use, occupy do or permit anything to be done in or about the use or occupancy Premises nor bring nor keep anything therein which could cause a cancellation of any of the Premises for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or insurance policy covering the Premises, including but not limited to zoningthe Building, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, any part thereof or restrictions applicable to such Premises and appearing any of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirementsits contents.
(b) Tenant shall not keep do or permit anything to be kept any substance in, done in or conduct or permit to be conducted any operation from, any of about the Premises which is not reasonably consistent would in any way obstruct or interfere with the Permitted Use for such Premises and which might emit offensive odors rights of other tenants or conditions, occupants of the Building or make undue noise injure or create undue vibrationsannoy them.
(c) Tenant shall not commit use or permit allow the Premises to remain be used for my unlawful purpose or in any waste to any of the Premisesmanner that constitutes a public nuisance.
(d) Tenant shall not install cause, maintain, suffer or permit to remain any improvements to any of nuisance in, on or about the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit permit noise or permit odors in the Premises which are objected to be committed by Landlord or by any action tenant or circumstance in or about any occupant of the PremisesBuilding, nor bring and, upon written notice from Landlord, Tenant shall immediately cease and desist from causing such noise or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articlesodor.
(f) Tenant shallshall not commit or allow to be committed any waste in or upon the Premises.
(g) Tenant shall not use or permit the Premises or any portion thereof to be used as living quarters, at Tenant’s sole cost sleeping quarters or for lodging purposes or for any unlawful purposes.
(h) Tenant shall not conduct any auctions, liquidation, going out of business, fire or bankruptcy sales on or about the Premises.
(i) Tenant agrees that all receiving and expensedelivery of goods and merchandise and all removal of merchandise, promptly comply with all Legal Requirements now in force supplies, equipment, trash and garbage shall be made only by way of the south rear entrance of the Building.
(j) Tenant shall not place, or which may hereafter permit to be in force and with the requirements of placed, any board of fire underwriters merchandise or other similar body now or hereafter constituted relating to or affecting obstruction on the use or occupancy of all sidewalks immediately adjoining the Premises.
(k) Tenant shall not go upon the roof of the Premises, excluding such structural changes as Building or permit anyone else to do so without Landlord's prior approval except for maintenance of equipment.
(1) Tenant shall not relate to obstruct the Common Area and/or store anything in the Common Area or affect outside the use or occupancy of the Premises, or as are not related to or afforded Building except for space expressly designated by Tenant’s improvements or actsLandlord for storage.
Appears in 1 contract
Sources: Commercial Property Lease (Access Integrated Technologies Inc)
Prohibited Uses. (a) Tenant will not use, occupy or permit The Licensee shall use reasonable efforts to ensure that the Authorised Users are aware of the prohibitions on the use or occupancy of the Licensed Materials set out in this Licence and the Licensee shall use reasonable endeavours to ensure that its Authorised Users do not breach the prohibitions set out in this Licence in respect of their access to and use of the Licensed Materials. The Licensee shall be liable for any breach by Authorised Users of any of the Premises for any purpose or in any manner which is or may be, directly or indirectly, in violation provisions of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premisesthis Licence, including but not limited to zoning, environmental the provisions set out below.
b) Authorised Users may not:
i) Remove or alter the author’s name(s) or the publisher’s copyright notices or other means of identification or any and utility conservation matters (hereinafter “Legal Requirements”), (all disclaimers as they appear in the Licensed Materials;
ii) covenantsSystematically make print or electronic copies of multiple extracts or make multiple copies of any part of the Licensed Materials for any purpose other than that permitted by this Licence;
iii) Prepare derivative works or download, conditionsmount or distribute any part of the Licensed Material on any electronic system or network, including without limitation the Internet and the World Wide Web, other than by the Licensee's Secure Network approved in advance by The Company of Biologists, except where expressly permitted under this Licence;
iv) Sell or resell the Licensed Materials unless The Company of Biologists has given prior written permission for the Authorised User to do so;
v) Alter, edit, abridge or otherwise modify the Licensed Materials or any part of them for any purpose whatsoever or incorporate any part of any Licensed Materials (whether in amended or unamended form) into any other work;
vi) Make any Commercial Use of the Licensed Material (in whole or in part); or
vii) provide access to and/or permit use of the Licensed Content by anyone, or restrictions applicable to such Premises and appearing of record in the office transmit any part of the county recorder Licensed Material (other than Metadata) by any means to anyone, other than an Authorised User, except as otherwise may be permitted under Appendix B (including by way of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirementsinter-library lending).
(bc) Tenant shall not keep The Licensee must seek and obtain The Company of Biologists’ permission prior to carrying out or permit attempting to be kept any substance in, or conduct or permit to be conducted any operation from, carry out any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrationsforegoing uses. Email ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant This clause 4 shall not install or permit continue to remain apply after termination of this Licence for any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any wayreason.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Institutional Online Subscriptions Terms & Conditions
Prohibited Uses. (a) Tenant will not useThe uses prohibited under this Lease shall include, occupy or permit the without limitation, use or occupancy of any of the Premises or a portion thereof for any purpose or in any manner which is or may be, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances offices of any governmental authority in agency or bureau of the United States or any way applicable state or political subdivision thereof, unless Landlord has agreed to Tenant or permit such uses within other portions of the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), office component of the Project; (ii) covenantsoffices or agencies of any foreign governmental or political subdivision thereof, conditions, or restrictions applicable unless Landlord has agreed to permit such Premises and appearing uses within other portions of record in the office component of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or Project; (iii) insurance requirements.
offices of any health care professionals or service organization; (biv) Tenant schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; and (vi) uses prohibited under the 788287.02/WLA 375755-00007/7-26-18/mjh/ejw -19- C▇▇▇▇▇▇ HIGHLINE 1173, 1167 & 1▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Roku, Inc. Underlying Documents. Tenant's use shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of result in an occupancy density for the Premises which is greater than the density permitted by Applicable Laws and zoning requirements, and further provided that Landlord shall not reasonably consistent be obligated to make any changes to the Base Building or Common Areas to accommodate Tenant's occupancy density. Tenant further covenants and agrees that it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the rules and regulations attached to this Lease as Exhibit D ("Rules and Regulations"), provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the Permitted Use for such Premises normal and which might emit offensive odors or conditionscustomary conduct of Tenant's business. In the event of any conflict between the Rules and Regulations and the other provisions of this Lease, or make undue noise or create undue vibrations.
(c) the other provisions of this Lease shall control. Tenant shall not commit do or permit anything to remain any waste to any of the Premises.
(d) Tenant shall not install be done in or permit to remain any improvements to any of about the Premises which exceed will in any material way obstruct or interfere with the structural loads rights of floors other tenants or walls occupants of any buildings located on such Premisesthe Project, or adversely affect allow the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit Premises to be committed used for any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premisesunlawful purpose, nor shall Tenant sell cause, maintain or permit to be keptany nuisance in, used or sold in on or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Sources: Office Lease (Roku, Inc)
Prohibited Uses. (a) Tenant will It is agreed that the Premises shall not use, occupy or permit the use or occupancy of be used for any of the Premises following uses, and LESSOR'S consent to such uses will not be provided a bar, night club, lounge, dance hall, discotheque, teenager gathering place, massage parlor, adult book store, or similar business catering to pornographic interests, establishments engaged in the business of selling, distributing, displaying, or offering for sale, ▇▇▇▇▇ clips, water pipes, bongs, coke spoons, hypodermic syringes or other paraphernalia commonly used in the use of or ingestion of illicit drugs (including, without limitations, a so-called “head shop”), bowling alley, kiosk business, firearms shooting range, bingo hall, theatre, funeral parlor, flea market, amusement or video arcade, pool or billiard hall, pawn shop, gun shop, tattoo parlor, car wash, automobile repair shop, or any purpose or business servicing motor vehicles in any manner respect, including, without limitation, any quick lube oil change service, tire center or gasoline or service station or facility, any carnival, amusement park or circus, hotel/motel, area for commuter parking, any use which is involves the sale or may bedisplay of merchandise generally offensive to the public, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority use which will in any way applicable to Tenant increase the existing rate of or affect any fire or extended coverage insurance policy upon the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditionsbuilding of which the Premises are a part, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor the building of which the Premises are a part. The foregoing list shall Tenant sell not be interpreted as a limitation or permit restriction of LESSOR'S discretion in its decision on consent to be kept, used or sold in or about any uses of the Premises by LESSEE. Notwithstanding the foregoing or anything else to the contrary contained in this lease, LESSEE is prohibited from using the Premises or any articles which may portion thereof for the sale or distribution of alcoholic beverages without the prior written consent of LESSOR. Adequate liquor liability insurance with LESSOR as an additional insured shall be prohibited by a standard form policy of prerequisite, although not the only precondition, to LESSOR'S consent. LESSEE shall not conduct sidewalk sales, tent sales, auction sales, warehouse sales or fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, sales at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or actsin the Common Facilities.
Appears in 1 contract
Prohibited Uses. (a) Tenant will shall not usecause, occupy suffer or permit the Premises or any part thereof to be used at any time during the Term for any of the following sales, businesses or activities:
(i) any retail or wholesale sales activities;
(ii) any auction;
(iii) any vending machines or other coin operated machines, entertainment or games machines or any other mechanical or electrical serving or dispensing machines or devices whatsoever or the sale or supply of food or beverages (other than food or beverages such as are routinely served in office premises without charge to employees such as coffee and soft drinks) unless expressly permitted in writing by Landlord, in its sole discretion;
(iv) any sale of tickets for theatre or other entertainment events or lottery tickets;
(v) any business which would result in people waiting in Common Facilities to enter the Premises;
(vi) any type of business or business practice which would, in the sole opinion of Landlord, tend to lower the character or image of the Project or any portion thereof;
(vii) any use which in any way contravenes any restrictive covenants in leases granted by Landlord; Tenant covenants and agrees that it will not carry on in the Premises any business which will in any way place Landlord in breach of any such restrictive covenants and Tenant will indemnify and save Landlord harmless from and against all actions, claims, demands and costs with respect thereto; this subsection (vii) shall not be interpreted to prevent Tenant from carrying on in the Premises any business to the extent expressly permitted pursuant to section 8.1 hereof; or
(viii) any business or occupancy activity not in compliance with all Laws, The inclusion of the foregoing provisions of this section 8.5 shall not be deemed to be a representation or warranty of Landlord that any of the foregoing activities will not be authorized by Landlord to be conducted on any part of the Project. Tenant shall forthwith, upon the request of Landlord, discontinue any business, conduct or practice carried on or maintained in or about the Premises, which, in Landlord’s sole opinion, may damage or reflect unfavourably upon Landlord, the Project, or any other tenants or occupants thereof. If, in the opinion of Landlord, Tenant is in breach of any of the Premises for any purpose or in any manner which is or may beprovisions of this section 8.5, directly or indirectly, in violation of any (i) judicial decisions, order, injunctions, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority in any way applicable to Tenant or the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office of the county recorder of the county in which such Premises are located on or before the date on which such Premises became subject to this Lease, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance in, or conduct or permit to be conducted any operation from, any of the Premises which is not reasonably consistent with the Permitted Use for immediately discontinue such Premises and which might emit offensive odors or conditions, or make undue noise or create undue vibrationsuse upon Landlord’s written request.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.
Appears in 1 contract
Prohibited Uses. (a) Tenant will The Purchasing Authority shall not useand shall procure that neither the Beneficiaries nor the any Authorised Users: remove or alter the authors’ names, occupy or permit the use publisher’s Copyright notices or occupancy other means of any identification or disclaimers as they appear in the Licensed Materials; systematically make print or electronic copies of multiple extracts of the Premises Licensed Materials, so as to create a collection of materials comprising all, or a substantial subset of the Licensed Materials, except for use in environments designed to share learning and best practice pursuant to clause 4.1.8; mount or distribute any part of the Licensed Materials on any electronic network, including without limitation the Internet and the World Wide Web, other than by a Secure Network unless permitted in this Agreement. (For the avoidance of doubt in the case of electronic journals this excludes the Abstracts and Bibliographic Data); create derivative works of the Licensed Material (including any translation); remove, obscure, or change: an author’s name or affiliation; BMJ’s or its licensor’s copyright notices, policies, disclaimers, terms or other means of identification; access or use all or any part of the Licensed Materials for any purpose Commercial Use. The Provider’s explicit written permission must be obtained in order to: use all or any part of the Licensed Materials in printed course packs; access or use all or any part of the Licensed Materials for any Commercial Use; systematically distribute the whole or any part of the Licensed Materials to anyone other than Authorised Users. (For the avoidance of doubt in the case of electronic journals this excludes the Abstracts and Bibliographic Data); publish, distribute or make available the Licensed Materials, works based on the Licensed Materials or works which combine them with any other material, other than as permitted in this Agreement; alter, abridge, adapt or modify the Licensed Materials, except to the extent necessary to make them perceptible on a computer screen or as otherwise permitted in this Agreement to Authorised Users. For the avoidance of doubt, no alteration of the words or their order is permitted; or in any manner which is way frame or use framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of the publisher or Provider without their express written consent. The Purchasing Authority and Authorised Users may benot use any meta tags or any other "hidden text" utilising the publisher’s or Provider’s names or trademarks, directly without the express written consent of the publisher and / or indirectly, in violation Provider. The Purchasing Authority shall: use reasonable endeavours to notify Authorised Users of the terms and conditions of this Licence and take steps to protect the Service and / or Licensed Materials from unauthorised use or other breach of this Licence; use reasonable endeavours to monitor compliance with this Licence and immediately upon becoming aware of any (i) judicial decisionsunauthorised use or other breach, orderinform the Provider. The Provider shall grant the Purchasing Authority 30 days to rectify such unauthorised use or other breach. The Purchasing Authority shall take all reasonable and appropriate steps to locate and attempt to stop individuals who are abusing the Service and thereafter take action, injunctionsboth to ensure that such activity ceases and to prevent any recurrence. If the breach is not rectified, writs, statutes, rulings, rules, regulations, promulgations, directives, permits, certificates or ordinances of any governmental authority the Provider shall have rights to terminate the Agreement. Nothing in any way applicable to Tenant or this Licence shall make the Premises, including but not limited to zoning, environmental and utility conservation matters (hereinafter “Legal Requirements”), (ii) covenants, conditions, or restrictions applicable to such Premises and appearing of record in the office Purchasing Authority liable for breach of the county recorder terms of the county Licence by any Authorised User provided that the Purchasing Authority did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. The Provider will: provide notification of an Incident. Details are: Email: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇ Webform:▇▇▇▇▇▇▇.▇▇▇.▇▇▇ Telephone: +▇▇ (▇)▇▇▇▇▇▇ ▇▇▇▇; upload new issues or editions to the Server(s) within 06 Business Days of receipt of content from the publisher; provide access to new issues or editions no later than the day of upload to Server and as set out in Annex A. The Provider will: enable access for Authorised Users to the Service and Licensed Materials via the national Access and Identity Management System (AIMS). Currently the national AIMS system is EduServ OpenAthens with which such Premises are located on or before BMJ is fully compliant; make the date on which such Premises became subject Licensed Materials compliant with OpenURL Link Resolver standards; provide title information to this LeaseLink Resolver and A-Z list vendors to include as a minimum: Volume, or (iii) insurance requirements.
(b) Tenant shall not keep or permit to be kept any substance inissue, or conduct or permit to be conducted any operation fromstart page, any of the Premises which is not reasonably consistent with the Permitted Use for such Premises journal linking key; and which might emit offensive odors or conditions, or make undue noise or create undue vibrations.
(c) Tenant shall not commit or permit to remain any waste to any of the Premises.
(d) Tenant shall not install or permit to remain any improvements to any of the Premises which exceed the structural loads of floors or walls of any buildings located on such Premises, or adversely affect the mechanical, plumbing or electrical systems of any such buildings, or affect the structural integrity of any such buildings As further set out in any way.
(e) Tenant shall not commit or permit to be committed any action or circumstance in or about any of the Premises, nor bring or keep anything therein which, directly or indirectly, would or might cause a cancellation of any insurance policy covering such Premises, nor shall Tenant sell or permit to be kept, used or sold in or about any of the Premises any articles which may be prohibited by a standard form policy of fire insurance unless Tenant provides additional insurance coverage extending protection to cover all risks associated with those articles.
(f) Tenant shall, at Tenant’s sole cost and expense, promptly comply with all Legal Requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the use or occupancy of all of the Premises, excluding such structural changes as do not relate to or affect the use or occupancy of the Premises, or as are not related to or afforded by Tenant’s improvements or acts.Annex A.
Appears in 1 contract
Sources: Provider Licence