Restrictions on Use. Tenant shall use the Premises and Landlord’s Equipment in a careful, safe and proper manner, shall not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect the use or operation of Landlord’s Equipment and the use, operation or occupancy of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors or other structural parts of the Building; and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of Tenant’s use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windows.
Appears in 3 contracts
Sources: Lease Agreement (Morphic Holding, Inc.), Lease Agreement (Morphic Holding, Inc.), Lease Agreement (Morphic Holding, Inc.)
Restrictions on Use. Tenant shall This ▇▇▇▇ grants You the right to install and use the Premises and Landlord’s Equipment Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a careful, safe and proper manner, shall Temporary Use of the Licensed Materials so long as such use does not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any result in the use of Landlord’s Property and/or Landlord’s Equipment which more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is prohibited by so restricted hereunder. In the event that You desire to expand or contrary extend Your use, or to migrate to different Products or functionality within any such Products You must notify Altium prior to any lawssuch expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You: a) allow any of Your affiliates, rulessubsidiaries or divisions, regulations, orders or requirements any portion of public authoritiesYour business located at a different geographic site, or which third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would cause permit such use; notwithstanding the foregoing, You may make a public Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or private nuisance. Tenant shall comply use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and obey all lawsuse the Licensed Materials at any one time, rules(whether involving a single license or a license that allows multiple users), regulationsincluding any Temporary Uses, orders unless you have negotiated with Altium for a license that permits an unlimited number of users to access and requirements use the Licensed Materials; e) allow persons not covered by the geographic scope of public authorities which Your licenses to use the Licensed Material on a “floating” or other basis; or f) using the Licensed Materials in any way affect that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer, You may install and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or operation possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a Single Site License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of Landlord’s Equipment confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the use, operation Licensed Materials or occupancy of Landlord’s Property. Tenant, at its own expenseotherwise, shall obtain constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME, AT SITES FOR WHICH THE LICENSED MATERIALS ARE NOT LICENSED (EXCEPT FOR PERMITTED TEMPORARY USES) OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and all permitsfunctionality of Your Licensed Materials through Extensions or otherwise, approvals and licenses necessary for use of the Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord)by paying Altium additional license fees in accordance with then-applicable pricing, provided that Landlord such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall be responsible for obtaining a certificate automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of occupancy for the Building generally (i.e., as opposed Altium to a certificate of occupancy for the Premises after the performance of learn about any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant such breach shall not overload the floors or other structural parts of the Building; and shall constitute a basis for You to assert that You are not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerousin breach hereof, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be that Altium has acquiesced in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of Tenant’s use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windowsbreach.
Appears in 3 contracts
Sources: End User License Agreement, End User License Agreement, End User License Agreement
Restrictions on Use. Tenant shall use the Premises and Landlord’s Equipment in a careful, safe and proper manner, shall not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any 2.1 In its use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary to any lawsthe Licensed Trademarks, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant Party B shall comply with all the applicable laws and obey regulations and obtain all lawsthe appropriate governmental approvals related to all its activities in which the Licensed Trademarks are used. Meanwhile, rules, regulations, orders Party B shall conduct its operational activities at the highest standard and requirements of public authorities which in any way affect quality to ensure that the use or operation of Landlord’s Equipment Licensed Trademarks and the use, operation or occupancy brand image of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Landlord’s Equipment and the Premises (copies of which shall Party A will not be provided to the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as opposed to a certificate of occupancy for the Premises after the performance of any work adversely affected by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors or other structural parts of the Building; and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of TenantParty B’s use of the Premises. Tenant same.
2.2 The license granted to Party B by Party A hereunder shall cause any fire lanes in the front, sides and rear be for Party B’s use of the Building Licensed Trademarks within the Licensed Term and within the Licensed Territory only. What is more, Party B may not use any Licensed Trademark on any other goods or services other than those covered by the scope of the goods and services set forth on the Trademark Registration Certificate of such Licensed Trademark. Except as specified above, Party B may not use any Licensed Trademark at any time, within any territory or in any manner, whether directly or in directly.
2.3 Party B agrees that it shall use the right granted to it by Party A hereunder only in accordance with this Agreement, and may not use such right in any manner which may be considered by Party A to be kept free cheating, misleading or otherwise detrimental to any of all parking associated with Party A’s interests.
2.4 Party B shall submit to Party A for approval, and shall make any revision to as requested by Party A, the sample of any product, packing, label, advertisement, or any other materials bearing any Licensed Trademark.
2.5 Party A shall have the right to control any activities of Party B in which any Licensed Trademark is used, and request Party B to cease any of its business activities which may be deemed by Party A to be detrimental to any of Party A’s business, reputation or occupancy goodwill under the Licensed Trademarks, and in compliance Party B shall agree to promptly comply with all applicable regulations. Tenant the instructions and requests of Party A in that aspect.
2.6 Within the term of effectiveness of this Agreement (the “Term”), Party A or any of its duly authorized representatives shall conduct its business at all times have the right to inspect the manner and the materials in which any Licensed Trademark is used by Party B so as to determine whether Party B’s operational activities comply with this Agreement, with each of Party A and Party B to be responsible for its own expenses incurred in connection therewith.
2.7 Without prior written consent of Party A, Party B may not assign or sublicense to annoy any third party or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission create any security interest of any objectionable noise form on, the license granted to it hereunder by Party A.
2.8 Upon the termination of this Agreement or odor from the Premises and license granted hereunder for any reason, Party B’s right to use any Licensed Trademark shall immediately cease. In addition, Party B hereby undertakes that without prior written consent of Party A, at any time after the termination of this Agreement, (i) it may not register or use any Licensed Trademark or any service ▇▇▇▇, any other name, symbol, word, trade dress, color, design or pattern similar to any Licensed Trademark; (ii) it may not use or register any Licensed Trademark as its own cost install such extra sound proofing corporate name or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from any part thereof in any province or municipality inside the Premises being heard, felt PRC or smelled any region outside the PremisesPRC; and (iii) it shall provide to Party A or any person designated by it any and all the materials in its possession relating to or bearing any Licensed Trademark, or amend such materials so that they do not bear any Licensed Trademark. Tenant The provisions in this Section shall not place survive any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windowstermination of this Agreement.
Appears in 3 contracts
Sources: Trademark License Agreement (WEIBO Corp), Trademark License Agreement (WEIBO Corp), Trademark License Agreement (Sina Corp)
Restrictions on Use. Tenant Licensee's use of the Licensed Software shall use be subject to the Premises following restrictions:
A. The Licensed Software shall be used solely for Licensee to Develop a Licensee Proprietary Software Application on a Licensed Computer and Landlord’s Equipment in to redistribute the Licensee Proprietary Software Application on a careful, safe and proper manner, Licensed Computer;
B. Licensed Software features or privileges activated or enabled for a provisional term will cease to operate or work after the specified period;
C. Licensee shall not commit copy, duplicate, reproduce, adapt, alter, modify, make derivative works of, merge and port the Licensed Software except as authorized herein;
D. Licensee shall not sell, export, distribute, rent, assign, transfer or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and sub-license the Licensed Software and/or Documentation except as authorized herein;
E. Licensee shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by copies, reproduce, redistribute, make verbal or contrary media translations, communicate to any lawsthird party for any purpose or use the Documentation for any other purpose, rulesunless Licensee has received a specific prior authorization to do so, regulationsin writing, orders or requirements of public authorities, or which would from Matrox;
F. Licensee shall not cause a public or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which the Licensed Software in any way affect to be disassembled, decompiled, reverse engineered or otherwise translated, nor shall any attempt to do so be undertaken or permitted, even if permitted under any provision of any applicable laws;
G. Licensee shall not make the Licensed Software available for access or use by any person or operation of Landlord’s Equipment and the useentity other than Licensee's employees, operation including, but not limited to, on a time-sharing basis or occupancy of Landlord’s Property. Tenantacting as a service bureau except as authorized herein;
H. Licensee shall not upload, at its own expensepost, shall obtain any and all permits, approvals and licenses necessary for use publish or create derivative works of the Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., Licensed Software except as opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant authorized herein;
I. Licensee shall not overload use the floors or other structural parts Licensed Software on more than one Virtual Computer at a time;
J. Licensee shall not use the Licensed Software for any unlawful purpose, including, without limitation, infringement of the Building; and Intellectual Property Rights of others, or in any illegal manner or for creation or distribution of illegal content and
K. Licensee shall not commit use Matrox’s name, logo or suffer any act or thing on Landlordtrademark to market Licensee’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be products unless previously authorized by Matrox in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of Tenant’s use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windowswriting.
Appears in 2 contracts
Sources: Software License Agreement, Software License Agreement
Restrictions on Use. Tenant shall BofA shall: (a) not transfer, assign, lease, export, grant a sublicense of, or otherwise make available, the Licensed Technology or the license contained herein or 724's Confidential Information to any Person except as and when authorized to do so herein; (b) not use the Premises and Landlord’s Equipment Licensed Technology or 724's Confidential Information except as authorized herein; (c) not use the Licensed Technology or 724's Confidential Information to act as a service bureau, in a carefulwhole or in part, safe and proper manner, shall not commit or suffer for any waste on or about Landlord’s Property or other Person; (d) take such precautions with respect to Landlord’s Equipment, the Licensed Technology and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by 724's Confidential Information as BofA would otherwise take to protect its own proprietary software or contrary to any laws, rules, regulations, orders hardware or requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect the information from unauthorized use or operation disclosure. BofA shall cause each of Landlord’s Equipment and the useits Affiliates, operation or occupancy of Landlord’s Property. Tenantindependent contractors, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use permitted sublicensees of the Landlord’s Equipment Licensed Technology, Customers of BofA and Customers of BofA's Affiliates who are granted the Premises (copies of which shall be provided right to use the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) Licensed Technology and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors or other structural parts each of the Building; and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit Persons contemplated by Section 3.1 to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure agree to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about Landlord’s Propertyabove restrictions (provided that, the Insurance Costs are increasedfor Customers, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this clause (d) above shall refer instead to such precautions as such Customers would take with respect to their own Intellectual Property, but not less than a reasonable standard of care). BofA shall include (and shall cause its Affiliates to include) counterpart restrictions which are substantially the same as the restrictions set forth in the preceding clauses (a) through (d), in each license, services or other agreement of BofA or its Affiliates concerning the Licensed Technology or concerning services or products using or incorporating the Licensed Technology. BofA shall cooperate with 724 in enforcing the above-mentioned restrictions against its Affiliates, independent contractors, permitted sublicensees of the Licensed Technology and Customers of BofA who are granted the right to use the Licensed Technology and the other Persons contemplated by Section 3.1 or any other person obtaining access through BofA, directly or indirectly, to the 724 Technology or to 724's Confidential Information, including: (i) making 724 a third party beneficiary in any agreement that grants the authority to a third party to use the Licensed Technology or 724's Confidential Information; (ii) taking such action as is reasonably necessary to enforce BofA's agreements with such Persons; and (iii) promptly notifying 724 upon becoming aware of any breach by the nature any such Person of Tenant’s any right of 724 hereunder or otherwise, including any infringement of 724's Intellectual Property Rights and any unauthorized disclosure or use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windows724's Confidential Information.
Appears in 2 contracts
Sources: Technology License Agreement (724 Solutions Inc), Technology License Agreement (724 Solutions Inc)
Restrictions on Use. Tenant shall This ▇▇▇▇ grants You the right to install and use the Premises Licensed Materials only upon or in connection with a single computer or a single Local Area Network, at a single geographic site, depending upon the terms under which You have licensed the Licensed Materials from Altium. In the event that You have not licensed any Licensed Materials from Altium other than Designated Bonus Technologies, Your use thereof must be confined to a single computer or a single Local Area Network at a single geographic site.
2.3.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, or any portion of Your business located at a different geographic site, or any third party, to have access to or use any portion whatsoever of the Licensed Materials; b) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; c) allow more than the number of permitted persons to access and Landlord’s Equipment use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users) unless you have negotiated with Altium for a license that permits an unlimited number of users to access and use the Licensed Materials.
2.3.2. In the event that You have licensed the Licensed Materials for use in connection with a carefulsingle computer, safe You may install and proper manneruse only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer: a) you may install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and b) You may make a back-up, archival copy thereof that You shall install only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or possession by another person.
2.3.3. In the event that You have licensed the Licensed Materials for use in connection with a Local Area Network, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from Altium. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not commit only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws. ENGAGING IN ANY USE OF THE LICENSED MATERIALS BY PERSONS BEYOND THE NUMBER PERMITTED TO USE THE SAME OR BY PERSONS NOT AUTHORIZED UNDER YOUR LICENSE TO USE THEM SHALL RESULT IN IMMEDIATE TERMINATION OF THIS ▇▇▇▇, WHETHER OR NOT ALTIUM IS AWARE OF YOUR ACTIVITIES AT THE TIME OR DISCOVERS THEM LATER. ANY FURTHER USE OF THE LICENSED MATERIALS BY YOU SUBSEQUENT TO SUCH TERMINATION WILL EXPOSE YOU TO LIABILITY FOR COPYRIGHT INFRINGEMENT AND OTHER CLAIMS.
2.3.4. You may increase the number of persons permitted to use the Licensed Materials at any one time by paying Altium additional license fees in accordance with then-applicable pricing, provided that such additional persons in no way access or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary the Licensed Materials prior to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisancesuch additional license fees being paid by You. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect the use or operation of Landlord’s Equipment and the use, operation or occupancy of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for The use of the Landlord’s Equipment and the Premises (copies of which Licensed Materials by any such additional persons shall be provided governed by the terms of this ▇▇▇▇ as if such persons had been licensed to use the Landlord)same from the date of the initial agreement between the parties. In the event that any provision of this ▇▇▇▇ is breached by You, provided that Landlord the license granted herein shall be responsible for obtaining a certificate automatically terminate, without further action by Altium and whether or not You abide by such termination. Failure of occupancy for the Building generally (i.e., as opposed Altium to a certificate of occupancy for the Premises after the performance of learn about any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant such breach shall not overload the floors or other structural parts of the Building; and shall constitute a basis for You to assert that You are not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerousin breach hereof, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be that Altium has acquiesced in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of Tenant’s use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windowsbreach.
Appears in 1 contract
Sources: End User License Agreement
Restrictions on Use. Tenant shall This ▇▇▇▇ grants You the right to install and use the Premises Licensed Materials only upon or in connection with a single computer or a single Local Area Network, at a single geographic site, or otherwise in accordance with the terms under which You have licensed the Licensed Materials from ALTIUM. Notwithstanding the foregoing, ALTIUM permits You to make a Temporary Use of the Licensed Materials so long as such use does not result in the use of more copies of the Licensed Materials that You are permitted to use at any given time, if Your license is so restricted hereunder.
2.3.1. In no event shall You: a) allow any of Your affiliates, subsidiaries or divisions, any portion of Your business located at a different geographic site, or third parties to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a Country License, Continental License or Global License basis; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a Temporary Use by You in connection with a legitimate business purpose that does not otherwise violate the terms of this Agreement, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or divisions, or by any third party; d) allow more than the number of permitted persons to access and Landlord’s Equipment use the Licensed Materials at any one time, (whether involving a single license or a license that allows multiple users), including any Temporary Uses, unless you have negotiated with ALTIUM for a license that permits an unlimited number of users to access and use the Licensed Materials; e) allow the Licensed Materials to be available virtually or as part of any remote build process by persons not authorized under the terms of the type of license obtained by You.
2.3.2. In the event that You have licensed the Licensed Materials for use in connection with a carefulsingle computer, safe You may install and proper manneruse only a single copy thereof at any given time, and said copy may be used only by You;
2.3.3. In the event that You have licensed the Licensed Materials on a Single Site License, Country License, Continental License or Global License basis, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from ALTIUM. At no time shall You permit the number of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or otherwise, shall constitute not commit only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws.
2.3.4. You may increase the number of persons or suffer sites permitted to use the Licensed Materials at any waste on one time by paying ALTIUM additional license fees in accordance with then applicable pricing, provided that such additional persons in no way access or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary the Licensed Materials prior to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisancesuch additional license fees being paid by You. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect the use or operation of Landlord’s Equipment and the use, operation or occupancy of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for The use of the Landlord’s Equipment and the Premises (copies of which Licensed Materials by any such additional persons shall be provided governed by the terms of this ▇▇▇▇ as if such persons had been licensed to use the Landlord)same from the date of the initial agreement between the parties. In the event that any provision of this ▇▇▇▇ is breached by You, provided that Landlord the license granted herein shall be responsible for obtaining a certificate automatically terminate, without further action by ALTIUM and whether or not You abide by such termination. Failure of occupancy for the Building generally (i.e., as opposed ALTIUM to a certificate of occupancy for the Premises after the performance of learn about any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant such breach shall not overload the floors or other structural parts of the Building; and shall constitute a basis for You to assert that You are not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerousin breach hereof, or which unreasonably disturbs other tenantsthat ALTIUM has acquiesced in such breach.
2.3.5. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policiesIn the case of a Product Evaluation License, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises Licensed Materials is limited to evaluation purposes only and in no event may such a license be used for commercial or activity production purposes. Such evaluation must be carried out by a limited number of Tenant in or about Landlord’s Property, personnel assigned to evaluate the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of Tenant’s use purchase of the PremisesLicensed Materials from ALTIUM. Tenant Such evaluation must be carried out at a Single Site. In all events a Product Evaluation License shall cause any fire lanes in the front, sides and rear of the Building to be kept free of all parking associated with expire on its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windowsdesignated date.
Appears in 1 contract
Sources: End User License Agreement
Restrictions on Use. Tenant shall use Licensee will comply with the Premises provisions set forth in this SECTION 1.4 during the License Term.
(a) The Licensed Programs and Landlord’s Equipment in a careful, safe and proper manner, shall not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or the Documentation will be utilized only for the internal data processing requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with Licensee and obey all laws, rules, regulations, orders only as specified in the Documentation.
(b) The Licensed Programs and requirements of public authorities which the Documentation will be utilized (i) only by Licensee employees and/or Licensee agents who are directly involved in any way affect the use or and operation of Landlord’s Equipment the Licensed Programs and the use, operation or occupancy of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as opposed to a certificate of occupancy for the Premises after the performance of any work who are bound by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors or other structural parts of the Building; and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure written agreement to comply with the provisions confidentiality obligations set forth in this Agreement, and (ii) only on the Designated Equipment at the Designated Location. EDS reserves the right to prohibit such utilization by specific individuals to whom EDS has reasonable objection.
(c) With thirty days prior written notification to EDS, Licensee may change the Designated Location or the composition or configuration of this Section the Designated Equipment (including the manufacturer, description, model number or due to any serial number of the Designated Equipment) during the License Term.
(d) Licensee may transfer its use of the Premises or activity Licensed Programs to a backup system on a temporary basis for disaster recovery purposes. ARTICLES II and III will not apply to any such temporary backup system usage of Tenant in or about Landlord’s Propertythe Licensed Programs. If the usage of the backup system must exceed a reasonable temporary period, the Insurance Costs are increased, Tenant shall pay Landlord backup system will be considered the amount of such increase caused by new Designated Equipment and the failure of Tenant to comply with the provisions of this Section or by the nature of Tenant’s use location of the Premises. Tenant shall backup system will be considered the new Designated Location, and Licensee will give EDS written notification thereof.
(e) Licensee may not cause any fire lanes in the frontor permit disclosure, sides and rear display, loan, publication, transfer of possession (whether by sale, exchange, gift, operation of law or otherwise), sublicensing or other dissemination of the Building Licensed Programs or the Documentation, in whole or in part, to be kept free any third party without the prior written consent of all parking associated with its business or occupancy EDS.
(f) Licensee will not, and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall will not permit any other person under Licensee's control to, disassemble, decompile, reverse engineer or otherwise recreate or modify the emission of Licensed Programs. Licensee will not, and will not permit any objectionable noise other person under Licensee's control to, copy or odor from reproduce the Premises and shall at its own cost install such extra sound proofing Licensed Programs or noise control systems and odor control systemsthe Documentation, except as may be needed necessary for backup and disaster recovery purposes as specified in SECTION 1.4(D).
(g) Licensee will not alter or remove any copyright, trade secret, patent, proprietary and/or other legal notices contained on or in any EDS provided copies of the Licensed Programs or the Documentation. Licensee will include on or in all copies authorized hereunder of the Licensed Programs and the Documentation designation(s) that EDS may reasonably require to eliminate unreasonable noiseindicate that such material is the proprietary property of EDS.
(h) The Licensed Programs and the Documentation are being disclosed by EDS to Licensee in confidence. Licensee will implement and maintain precautions, vibrations no less rigorous than those Licensee uses to protect its own confidential information, to safeguard the Licensed Programs and odorsthe Documentation so that no unauthorized persons have access to the Licensed Programs or the Documentation and that no persons authorized to have such access will take any action which would violate the confidentiality obligations set forth in this Agreement if such action were taken by Licensee. Licensee will promptly report to EDS any violation of such confidentiality obligations. Licensee will, if anyat its expense, emanating from take such steps as EDS may reasonably request to remedy any such violation, including retrieving any portion of the Premises Licensed Programs or the Documentation that is being heardused or otherwise possessed in breach of this Agreement, felt and will pay or smelled outside reimburse EDS for all reasonable expenses that EDS incurs which are related to the Premises. Tenant shall not place remedy of any file cabinets bookcasessuch violation.
(i) In using or possessing the Licensed Programs and the Documentation, partitionsLicensee will not, shelves by any action or other furnishings inaction, violate laws or equipment in a location which abuts regulations promulgated by governmental or blocks quasi-governmental authorities or cause EDS or its affiliates to violate any windowssuch laws or regulations.
Appears in 1 contract
Restrictions on Use. Tenant shall This ▇▇▇▇ grants You the right to install and use the Premises and Landlord’s Equipment Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials from emmtrix. Notwithstanding the foregoing, emmtrix permits You to make a careful, safe and proper manner, shall Temporary Use of the Licensed Materials so long as such use does not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any result in the use of Landlord’s Property and/or Landlord’s Equipment which more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is prohibited by so restricted hereunder. In the event that You desire to expand or contrary extend Your use, or to migrate to different Products or functionality within any such Products You must notify emmtrix prior to any lawssuch expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You:
a) allow any of Your affiliates, rulessubsidiaries or divisions, regulations, orders or requirements any portion of public authoritiesYour business located at a different geographic site, or which third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a basis that would cause permit such use.
b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a public Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder;
c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or private nuisance. Tenant shall comply with divisions, or by any third party;
d) allow more than the number of permitted persons to access and obey all lawsuse the Licensed Materials at any one time, rules(whether involving a single license or a license that allows multiple users), regulations, orders and requirements including any Temporary Uses;
e) allow persons not covered by the geographic scope of public authorities which Your licenses to use the Licensed Material on a “floating” or other basis; or
f) using the Licensed Materials in any way affect that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer (node- locked licence), You may install, and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer (node-locked licence):
a) You may, upon Your express request and for an additional home licence creation fee, install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and
b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or operation possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a floating type licence, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of Landlord’s Equipment confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from emmtrix (number of seats and geographic spread licensed). At no time shall You permit the usenumber of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, operation including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or occupancy of Landlord’s Property. Tenant, at its own expenseotherwise, shall obtain constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and all permitsfunctionality of Your Licensed Materials through Extensions or otherwise, approvals by purchasing from and licenses necessary for use of paying emmtrix or its resellers and distributors additional license fees in accordance with the Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord)then- applicable pricing, provided that Landlord such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall be responsible for obtaining a certificate automatically terminate, without further action by emmtrix and whether or not You abide by such termination. Failure of occupancy for the Building generally (i.e., as opposed emmtrix to a certificate of occupancy for the Premises after the performance of learn about any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant such breach shall not overload the floors or other structural parts of the Building; and shall constitute a basis for You to assert that You are not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerousin breach hereof, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be that emmtrix has acquiesced in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of Tenant’s use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windowsbreach.
Appears in 1 contract
Sources: End User License Agreement
Restrictions on Use. Tenant shall use acknowledges that the Premises and Common Areas may not be used or operated in violation of the requirements of the Declaration or the CC&Rs, and Hazardous Materials may not be used or located on the Premises or Common Area in a manner which would adversely affect Landlord’s Equipment rights and benefits under the Seller Indemnity described in a carefulSubparagraph 39(d) [Seller Indemnity] (all such documents are collectively referred to as the “Restrictive Documents”); provided, safe and proper mannerhowever, shall not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect that the use or operation of Landlord’s Equipment and the use, operation or occupancy of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord), provided parties agree that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) permitted use under this Lease and any other permits, approvals parking rights under Paragraph 36 [Parking] do not violate the Restrictive Documents. Landlord has listed certain specific uses and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors activities that are prohibited on all or other structural parts of the Building; and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use certain portions of the Premises or activity of Tenant in or about Landlord’s Propertyand Common Area pursuant to the Restrictive Documents on Exhibit “G” attached hereto. In addition, Landlord shall have the Insurance Costs are increasedright to modify Exhibit “G” to add other restrictions on use and activities on the Premises and Common Area under the Restrictive Documents, Tenant shall pay Landlord the amount of by written notice to Tenant, so long as such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of restrictions do not materially adversely affect Tenant’s permitted use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building Tenant’s Minimum Parking or Tenant’s access to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves use the Premises or other furnishings or equipment Common Area in a location manner in violation of the requirements listed on Exhibit “G”, as it may be amended by Landlord from time to time in accordance with the preceding sentence, and upon written notice from Landlord Tenant shall discontinue any such use of the Premises or Common Area. In addition, Tenant shall not do or permit anything to be done in or about the Premises or Common Area which abuts will obstruct or blocks interfere with the Clean-up Facilities, or with the rights of any windowsparties to the Declaration or the CC&Rs or any other tenant or occupant in the Project, or injure them, nor use or allow the Premises or Common Area to be used for any unlawful purpose, nor shall Tenant cause or maintain or permit any nuisance in, on or about the Premises or Common Area. Tenant shall not commit or suffer the commission of any waste in, on or about the Premises or Common Area. Landlord acknowledges that, for purpose of this Paragraph, the existence of the Existing Hazardous Materials (as defined in Paragraph 39 [Hazardous Materials Liability]) on the Project on the Commencement Date, and Tenant’s failure to remediate such Existing Hazardous Materials, shall not be a violation of Tenant’s obligations under this Paragraph 6 with respect to nuisance or waste.
Appears in 1 contract
Restrictions on Use. Tenant shall 4.1 You agree that you will not, nor permit any third party to: (i) copy the Backup Disc; (ii) lease, rent export or grant a sublicense to TaxFind Online, or any right granted under this Agreement, in whole or in part, to any other Person; (iii) reverse engineer, decompile or disassemble TaxFind Online; (iv) use TaxFind Online except as authorized herein; (v) permit third parties (including any of your related individuals or affiliated organizations), other than Permitted Users, to Use TaxFind Online; (vi) Use TaxFind Online to provide any service bureau services; or (vii) Use TaxFind Online to conduct any competitive analysis of or with TaxFind Online.
4.2 You may not use the Premises and Landlord’s Equipment in a carefulWebsite, safe and proper manner, shall not commit the Content or suffer any waste CTF systems or networks on or about Landlord’s Property or with respect to Landlord’s Equipmentthrough which the Website and Content are hosted and made available by CTF (the “CTF Systems”), and shall not make in any use of Landlord’s Property and/or Landlord’s Equipment which manner that: (i) is prohibited by any law, regulation or contrary CTF policy; (ii) will disrupt third parties’ use or enjoyment of the Website, the Content or any CTF Systems, including (a) depositing any virus, Trojan or other harmful or invasive computer file or program on the CTF Systems or (b) any use that results in automated, constant and repeated requests for data (e.g. denial of service attack) or otherwise has a negative effect on CTF, the Website, the Content or any CTF Systems (including abnormal usage that overloads servers on the CTF Systems or causes portions of the CTF Systems to be blocked); (iii) accesses or uses any lawscomponent of the Website, rulesthe Content or the CTF Systems other than the Content; or (iv) attempts to penetrate any CTF firewall or other security measure (which action will also be reported to appropriate law enforcement agencies) (each of (i) through (iv), regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant an “Abuse”).
4.3 You shall comply with and obey take all laws, rules, regulations, orders and requirements of public authorities which reasonable precautions to prevent any Person from Using TaxFind Online in any way affect that would constitute a breach of this Agreement.
4.4 You shall continually operate and not tamper with or take any steps to override or circumvent any password, license key or other mechanism that permits, monitors or limits copying, installation, or Use of TaxFind Online to the applicable scope in accordance with this Agreement. Passwords and login credentials for the Website (collectively, “User Credentials”) must not be shared with, or otherwise provided to, any individual other than the applicable Permitted User for whom the applicable User Credentials were provided by CTF. In no event will CTF be liable for any unauthorized use or operation of Landlord’s Equipment and the use, operation or occupancy of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as opposed to a certificate of occupancy for the Premises after the performance misuse of any work by TenantUser Credentials. In the event that the User Credentials for any Permitted User are lost or stolen, which shall be Tenant’s responsibility) and you must immediately notify CTF of same, unless you are an Organizational User. CTF reserves the right to change or disable User Credentials at any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors or other structural parts of the Building; and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of Tenant’s use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windowstime.
Appears in 1 contract
Sources: License Agreement
Restrictions on Use. Tenant shall use acknowledges that the Premises and Landlord’s Equipment Common Areas may not be used or operated in violation of the requirements of the Declaration or the CC&Rs, and Hazardous Materials may not be used or located on the Premises or Common Area in a careful, safe and proper manner, shall not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or manner which would cause a public adversely affect Landlord's rights and benefits under the Seller Indemnity described in Subparagraph 40(d) [Seller Indemnity] (all such documents are collectively referred to as the "Restrictive Documents"); provided, however, that the parties agree that Tenant's permitted use under this Lease and parking rights under Paragraph 36 [Parking] do not violate the Restrictive Documents. Landlord has listed certain specific uses and activities that are prohibited on all or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect the use or operation of Landlord’s Equipment and the use, operation or occupancy of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors or other structural parts of the Building; and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use certain portions of the Premises or activity of Tenant in or about Landlord’s Propertyand Common Area pursuant to the Restrictive Documents on Exhibit "P" attached hereto. In addition, Landlord shall have the Insurance Costs are increasedright to modify Exhibit "P" to add other restrictions on use and activities on the Premises and Common Area under the Restrictive Documents, Tenant shall pay Landlord the amount of by written notice to Tenant, so long as such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of restrictions do not materially adversely affect Tenant’s 's permitted use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building Tenant's Minimum Parking or Tenant's access to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves use the Premises or other furnishings or equipment Common Area in a location manner in violation of the requirements listed on Exhibit "P", as it may be amended by Landlord from time to time in accordance with the preceding sentence, and upon written notice from Landlord Tenant shall discontinue any such use of the Premises or Common Area. In addition, Tenant shall not do or permit anything to be done in or about the Premises or Common Area which abuts will obstruct or blocks interfere with the Clean-up Facilities, or with the rights of any windowsparties to the Declaration or the CC&Rs or any other tenant or occupant in the Project, or injure them, nor use or allow the Premises or Common Area to be used for any unlawful purpose, nor shall Tenant cause or maintain or permit any nuisance in, on or about the Premises or Common Area. Tenant shall not commit or suffer the commission of any waste in, on or about the Premises or Common Area. Landlord acknowledges that, for purpose of this Paragraph, the existence of the Existing Hazardous Materials (as defined in Paragraph 40 [Hazardous Materials Liability]) on the Project on the Occupancy Date, and Tenant's failure to remediate such Existing Hazardous Materials, shall not be a violation of Tenant's obligations under this Paragraph 6 with respect to nuisance or waste.
Appears in 1 contract
Restrictions on Use. Tenant (a) Syratech shall use the Premises and Landlord’s Equipment in a careful, safe and proper manner, shall not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipmentnot, and shall not make contractually obligate any use of Landlord’s Property third parties with whom Syratech enters any agreements in connection with the development, manufacture, distribution, sale, advertisement, promotion and/or Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect the use or operation of Landlord’s Equipment and the use, operation or occupancy of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for other authorized use of the Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord)Licensed Property hereunder not to, provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e.use nor cause, as opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors or other structural parts of the Building; and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do authorize or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises Trademarks, the Licensed Articles, the Licensed Property and/or any component of any of the foregoing for any purpose not expressly authorized hereunder. For the avoidance of doubt, other than with respect to the distribution and sale of Closeout Licensed Property to Closeout Customers, Syratech shall not, and shall have no right to, engage in any distribution or activity sales of Tenant the Licensed Property to consumers other than to High-End Stores.
(b) Syratech acknowledges and agrees that: (i) VEW exclusively retains all authority to control and owns all right, title and interest, including, without limitation, all copyrights, trademarks and other rights therein (and all renewals and extensions thereof), throughout the universe in perpetuity in and to (A) all proprietary elements incorporated into the Licensed Property which belonged to VEW prior to such incorporation; (B) the Trademarks, and all designs (other than generic designs), logos, packaging and/or other materials that incorporate the Trademarks, including, without limitation, the Licensed Property; and (C) all trademarks created in connection with the Licensed Property other than to the extent such new trademarks incorporate the trademarks “Syratech”, including, without limitation, in connection with individual items of the Licensed Property (all items set forth in clauses (A), (B) and (C) above are collectively referred to hereafter as the “VEW Licensed Names”); (ii) all use by Syratech of the VEW Licensed Names shall inure solely to VEW’s benefit; and (iii) Syratech will obtain no proprietary or other rights in or about Landlordto the VEW Licensed Names by virtue of such incorporation, any use or exploitation Syratech may make thereof or any other reason whatsoever.
(c) Syratech will exploit and display the VEW Licensed Names only in such form or manner as shall be specifically approved in advance in writing by VEW. Syratech recognizes the great value of the publicity and good will associated with the VEW Licensed Names and acknowledges that such good will belongs exclusively to VEW. Syratech acknowledges and agrees that all use of the VEW Licensed Names affect the image and goodwill associated with VEW, its businesses and activities. Syratech shall obtain VEW’s Propertyprior written approval with respect to any activities hereunder relating to or affecting the VEW Licensed Names and/or any other VEW-owned intellectual property or goodwill for purposes of quality control and shall only use such material in connection with Syratech’s rights pursuant to this Agreement.
(d) Syratech shall not use any name or names in connection with the Trademarks in any advertising, publicity, labeling, packaging or printed matter of any kind utilized by Syratech in connection with the Insurance Costs Licensed Property except for Syratech’s trade names and trademarks set forth on Schedule D hereto or that are increasedapproved by VEW in advance in writing to indicate that Syratech is selling the Licensed Property under the Trademarks or as may otherwise be required by law or governmental rule or regulation. Syratech shall cause such legends, Tenant markings and notices as VEW shall pay Landlord reasonably require to appear on all units of the Licensed Property (and/or any tags, labels, containers, packaging and the like used in connection therewith) for trademark, copyright, product liability and/or other purposes. Notwithstanding the foregoing, VEW agrees that Syratech exclusively retains all authority to control and owns all right title and interest to the trademarks “Syratech”, “▇▇▇▇▇▇▇” and “▇▇▇▇▇” to the extent Syratech owns such trademarks as of the date of this Agreement.
(e) During the Term, Syratech shall not solicit, negotiate, or enter any agreement with any third party with respect to the design, production, manufacture, distribution, sale, advertisement, promotion and/or other exploitation of flatware or silver gifts related to any fashion designers who primarily design luxury women’s bridal apparel, as set forth on Schedule E (each a “VEW Competitor”) attached hereto and incorporated herein by this reference (or any of their parent, subsidiary, affiliated or related entities). Notwithstanding any contrary provision of this Agreement, Syratech shall not be obliged to cancel or terminate, or cause to be cancelled or terminated, any agreement that an affiliate or subsidiary of Syratech, or entity acquired by Syratech after the date of execution of this Agreement, other than any Syratech affiliate or subsidiary exercising rights pursuant to this Agreement, may have entered into with any third party set forth on Schedule E prior to the date of execution of this Agreement (provided that Syratech has notified VEW in writing of all such agreements and the subject matter thereof (but not the financial terms contained therein) prior to execution of this Agreement.); or, in case of any entity acquired by Syratech, prior to the date of such acquisition.
(f) During any Contract Year Syratech shall not manufacture quantities of any items of the Licensed Property in excess of the amount of such increase caused item(s) Syratech in its good faith business judgment (which Syratech shall substantiate to VEW upon VEW’s request by the failure means of Tenant supporting documentation, including, without limitation, verifiable sales plans) reasonably anticipates it can sell to comply with the provisions of this Section or by the nature of Tenant’s use High End Stores during such Contract Year. Without limitation of the Premises. Tenant shall cause foregoing, the Parties acknowledge that during any fire lanes in the frontgiven Contract Year, sides and rear there may be quantities of the Building Licensed Property which Syratech is unable to be kept free sell to High End Stores after the exercise of all parking associated with its business or occupancy and in compliance with all applicable regulationscommercially reasonable efforts. Tenant In such event, Syratech shall conduct its business at all times so submit for approval by VEW a detailed written report setting forth the unsold items of Licensed Property which Syratech desires to sell as not to annoy or be offensive to other tenants and occupants in Landlord’s Closeout Licensed Property. Tenant VEW shall not permit the emission determine within fifteen (15) days after receipt of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odorsreport which items of Licensed Property, if any, emanating from are approved for sale to Closeout Customers as Closeout Licensed Property and shall notify Syratech of the Premises being heardsame, felt in which case such Closeout Licensed Property may be sold to Closeout Customers subject to the terms and conditions set forth herein, including without limitation, the payment of Royalties to VEW in accordance with Paragraph 4. For those items of the Licensed Property which are not approved by VEW as Closeout Licensed Property, Syratech shall, as directed by VEW in its discretion, either (i) provide such Licensed Property to VEW and/or any VEW owned or smelled outside controlled retail store at a price to be mutually agreed to by the Premises. Tenant Parties; provided that Syratech shall not place be obligated to pay VEW a royalty on any file cabinets bookcasessuch sales of Licensed Property to VEW and/or any VEW owned or controlled retail store; or (ii) dispose of such Licensed Property by another means of liquidation to be agreed upon by the Parties in good faith. Notwithstanding anything to the contrary contained herein, partitionsin no event shall Syratech have the right during any Contract Year to sell or distribute more than twenty percent (20%) of the aggregate amount of Licensed Property produced during such Contract Year as Closeout Licensed Property.
(g) Notwithstanding section (f) above, shelves or other furnishings or equipment it is expressly acknowledged and agreed that the twenty percent (20%) limitation on Licensed Property shall not apply to Licensed Property that is seasonal in nature (e.g., a location which abuts or blocks any windowssilver Christmas ornament) (“Seasonal Items”). During the Term, the schedule for the sale of Seasonal Items to Closeout Customers shall be subject to the mutual approval of Syratech and VEW; it being acknowledged and agreed that such schedule shall permit Syratech to sell Seasonal Items as expeditiously as possible.
Appears in 1 contract
Sources: License Agreement (Syratech Corp)
Restrictions on Use. Tenant shall use acknowledges that the Premises and Landlord’s Equipment Common Areas may not be used or operated in violation of the requirements of the Declaration, the CC&Rs or the Hetch Hetchy Easement, and Hazardous Materials may not be used or located on the Premises or Common Area in a careful, safe and proper manner, shall not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or manner which would cause a public adversely affect Landlord's rights and benefits under the Seller Indemnity described in Subparagraph 40(d) [Seller Indemnity] (all such documents are collectively referred to as the "Restrictive Documents"); provided, however, that the parties agree that Tenant's permitted use under this Lease and parking rights under Paragraph 36 [Parking] do not violate the Restrictive Documents. Landlord has listed certain specific uses and activities that are prohibited on all or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect the use or operation of Landlord’s Equipment and the use, operation or occupancy of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors or other structural parts of the Building; and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use certain portions of the Premises or activity of Tenant in or about Landlord’s Propertyand Common Area pursuant to the Restrictive Documents on Exhibit "P" attached hereto. In addition, Landlord shall have the Insurance Costs are increasedright to modify Exhibit "P" to add other restrictions on use and activities on the Premises and Common Area under the Restrictive Documents, Tenant shall pay Landlord the amount of by written notice to Tenant, so long as such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of restrictions do not materially adversely affect Tenant’s 's permitted use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building Tenant's Minimum Parking or Tenant's access to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves use the Premises or other furnishings or equipment Common Area in a location manner in violation of the requirements listed on Exhibit "P", as it may be amended by Landlord from time to time in accordance with the preceding sentence, and upon written notice from Landlord Tenant shall discontinue any such use of the Premises or Common Area. In addition, Tenant shall not do or permit anything to be done in or about the Premises or Common Area which abuts will obstruct or blocks interfere with the Clean-up Facilities, or with the rights of any windowsparties to the Declaration or the CC&Rs or any other tenant or occupant in the Project, or injure them, nor use or allow the Premises or Common Area to be used for any unlawful purpose, nor shall Tenant cause or maintain or permit any nuisance in, on or about the Premises or Common Area. Tenant shall not commit or suffer the commission of any waste in, on or about the Premises or Common Area. Landlord acknowledges that, for purpose of this Paragraph, the existence of the Existing Hazardous Materials (as defined in Paragraph 40 [Hazardous Materials Liability]) on the Project on the Occupancy Date, and Tenant's failure to remediate such Existing Hazardous Materials, shall not be a violation of Tenant's obligations under this Paragraph 6 with respect to nuisance or waste.
Appears in 1 contract
Restrictions on Use. Tenant shall use 2.1 When using the Premises and Landlord’s Equipment in a carefulLicensed Trademarks, safe and proper manner, shall not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant Party B shall comply with all the applicable laws and obey regulations and obtain all lawsthe appropriate governmental approvals related to all its activities in which the Licensed Trademarks are used. Meanwhile, rules, regulations, orders Party B shall conduct its operational activities at the highest standard and requirements quality to ensure that its usage of public authorities which in any way the Licensed Trademarks will not adversely affect the use or operation of Landlord’s Equipment Licensed Trademarks and the use, operation or occupancy brand image of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Landlord’s Equipment and the Premises (copies of which Party A.
2.2 The license granted to Party B by Party A hereunder shall be provided to the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors or other structural parts of the Building; and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of TenantParty B’s use of the PremisesLicensed Trademarks within the Licensed Term and within the Licensed Territory only. Tenant shall cause In addition, Party B may not use any fire lanes in Licensed Trademark on any other goods or services other than those covered by the front, sides and rear scope of the Building goods and services set forth on the Trademark Registration Certificate of such Licensed Trademark. Except as specified above, Party B may not use any Licensed Trademark at any time, within any territory or in any manner, whether directly or in directly.
2.3 Party B agrees that it shall use the right granted to it by Party A hereunder only in accordance with this agreement, and may not use such right in any manner which may be considered by Party A to be kept free cheating, misleading or otherwise detrimental to any of all parking associated with Party A’s interests.
2.4 Party B shall submit to Party A for approval, and shall make any revision to as requested by Party A, the sample of any product, packing, label, advertisement, or any other materials bearing any Licensed Trademark.
2.5 Party A shall have the right to control any activities of Party B in which any Licensed Trademark is used, and request Party B to cease any of its business activities which may be deemed by Party A to be detrimental to any of Party A’s business, reputation or occupancy goodwill under the Licensed Trademarks, and in compliance Party B shall agree to promptly comply with all applicable regulations. Tenant the instructions and requests of Party A in that aspect.
2.6 Within the term of effectiveness of this agreement, Party A or any of its duly authorized representatives shall conduct its business at all times have the right to inspect the manner and the materials in which any Licensed Trademark is used by Party B so as to determine whether Party B’s operational activities comply with this agreement, with each of Party A and Party B to be responsible for its own expenses incurred in connection therewith.
2.7 Without the prior written consent of Party A, Party B may not assign or sublicense to annoy any third party or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission create any security interest of any objectionable noise form on, the license granted to it hereunder by Party A.
2.8 Upon the termination of this agreement or odor from the Premises and license granted hereunder for any reason, Party B shall immediately lose its right to use any Licensed Trademark. In addition, Party B hereby undertakes that without the prior written consent of Party A, at any time after the termination of this agreement, (i) it may not register or use any Licensed Trademark or any service ▇▇▇▇, any other name, symbol, word, trade dress, color, design or pattern similar to any Licensed Trademark; (ii) it may not use or register any Licensed Trademark as its own cost install such extra sound proofing corporate name or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from any part thereof in any province or municipality inside the Premises being heard, felt PRC or smelled any region outside the PremisesPRC; and (iii) it shall provide to Party A or any person designated by it any and all the materials in its possession relating to or bearing any Licensed Trademark, or amend such materials so that they do not bear any Licensed Trademark. Tenant The provisions in this Section shall not place survive any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windowstermination of this agreement.
Appears in 1 contract
Restrictions on Use. Tenant shall This ▇▇▇▇ grants You the right to install and use the Premises and Landlord’s Equipment Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials from emmtrix. Notwithstanding the foregoing, emmtrix permits You to make a careful, safe and proper manner, shall Temporary Use of the Licensed Materials so long as such use does not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any result in the use of Landlord’s Property and/or Landlord’s Equipment which more copies of the Licensed Materials than You are permitted to use at any given time, if Your license is prohibited by so restricted hereunder. In the event that You desire to expand or contrary extend Your use, or to migrate to different Products or functionality within any such Products You must notify emmtrix prior to any lawssuch expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. In no event shall You:
a) allow any of Your affiliates, rulessubsidiaries or divisions, regulations, orders or requirements any portion of public authoritiesYour business located at a different geographic site, or which third parties, to copy, have access to or use any portion whatsoever of the Licensed Materials unless You have licensed the Licensed Materials on a basis that would cause permit such use;
b) allow any third party to have access to or use any portion whatsoever of the Licensed Materials, unless such access or use is in connection with a public Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the terms of this ▇▇▇▇, including but not limited to the restrictions on number of users, if such restrictions apply to Your license hereunder;
c) make copies of the Licensed Materials for use by any of Your other affiliates, subsidiaries or private nuisance. Tenant shall comply with divisions, or by any third party;
d) allow more than the number of permitted persons to access and obey all lawsuse the Licensed Materials at any one time, rules(whether involving a single license or a license that allows multiple users), regulations, orders and requirements including any Temporary Uses;
e) allow persons not covered by the geographic scope of public authorities which Your licenses to use the Licensed Material on a “floating” or other basis; or
f) using the Licensed Materials in any way affect that is not in compliance with Permitted Uses.
2.4.2. In the event that You have licensed the Licensed Materials for use in connection with a single computer (node- locked licence), You may install, and use only a single copy thereof at any given time, and said copy may be used only by You; provided, however, that if You have licensed the Licensed Materials for use on a single computer (node-locked licence):
a) You may, upon Your express request and for an additional home licence creation fee, install a second copy of the Licensed Materials on a home computer solely for use in connection with, and governed by, the License granted herein, so long as such copy is never used simultaneously with the original copy; and
b) You may make a back-up, archival copy thereof that You shall install and use only in the event the original copy of the Licensed Materials is lost, corrupted or in some other way made unavailable other than through use or operation possession by another person.
2.4.3. In the event that You have licensed the Licensed Materials on a floating type licence, this ▇▇▇▇ allows as many persons employed or hired as contractors (so long as such contractors have entered into an appropriate form of Landlord’s Equipment confidentiality agreement) by You to simultaneously use the Licensed Materials as are permitted under the license obtained from emmtrix (number of seats and geographic spread licensed). At no time shall You permit the usenumber of persons that may access and/or use the Licensed Materials to exceed the number of persons for whom You have licensed the same, operation including in connection with any Temporary Use. You understand and agree that such use beyond that licensed hereunder, whether by allowing excess persons to use the Licensed Materials or occupancy of Landlord’s Property. Tenant, at its own expenseotherwise, shall obtain constitute not only breach of this ▇▇▇▇, but violation of national and international copyright and patent laws.
2.4.4. You may increase the number of persons or sites permitted to use the Licensed Materials at any one time, or the features and all permitsfunctionality of Your Licensed Materials through Extensions or otherwise, approvals by purchasing from and licenses necessary for use of paying emmtrix or its resellers and distributors additional license fees in accordance with the Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord)then- applicable pricing, provided that Landlord such additional persons in no way access or use the Licensed Materials, or the additional functionality, prior to any such additional license fees being paid by You. In the event that any provision of this ▇▇▇▇ is breached by You, the license granted herein shall be responsible for obtaining a certificate automatically terminate, without further action by emmtrix and whether or not You abide by such termination. Failure of occupancy for the Building generally (i.e., as opposed emmtrix to a certificate of occupancy for the Premises after the performance of learn about any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant such breach shall not overload the floors or other structural parts of the Building; and shall constitute a basis for You to assert that You are not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerousin breach hereof, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be that emmtrix has acquiesced in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of Tenant’s use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windowsbreach.
Appears in 1 contract
Sources: End User License Agreement
Restrictions on Use. Tenant shall use 5.1.1. The Licensee agrees and acknowledges that:
a. where the Licensee is an educational institution or government department, the Licensee will not make further reproductions or communications, or make copyright material the Licensee has obtained from the Specified Content available for viewing, reproduction or communication, other than in reliance on Part VB or Part VII Division 2 or Part III Division 3 Section 43 of the Copyright ▇▇▇ ▇▇▇▇;
b. where the Licensee is a library, the Licensee will not make further reproductions or communications, or make copyright material the Licensee has obtained from the Specified Content available for viewing, reproduction or communication, other than at the Premises in reliance on Part III Division 5 or Part III Division 3 Section 43 of the Copyright ▇▇▇ ▇▇▇▇;
c. the Licensee will not remove any copyright notices or other rights management information, nor use any device or service to circumvent any technological protection measure incorporated in the Specified Content, other than in reliance on Part V of the Copyright ▇▇▇ ▇▇▇▇;
d. except in reliance on Part VB or Part VII Division 2 of the Copyright ▇▇▇ ▇▇▇▇, the Licensee will not use any copyright material the Licensee has obtained from the Specified Content as a component of or basis for a book, directory, bibliography, database, Coursepack or any other compilation;
e. if the Licensee permits access to the Specified Content through IP addressing, the Licensee must ensure that the provided IP range will only permit access by:
i. Authorised Users, via the Secure Network by password and/or IP addressing; and
ii. Walk-In Users, from a computer supplied by the Licensee and Landlord’s Equipment physically located in a carefulthe Premises.
f. except as authorised by this Agreement, safe the Licensee is expressly prohibited from electronically reproducing and proper mannerstoring, shall emailing or otherwise communicating any copyright works or digital reproduction of copyright works which the Licensee has obtained from the Specified Content; and
g. the Licensee will not commit or suffer exercise any waste on or about Landlord’s Property of the rights comprised in copyright in any works the Licensee has obtained from the Specified Content except as permitted by this Agreement or with respect to Landlord’s Equipment, and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect the use or operation of Landlord’s Equipment and the use, operation or occupancy of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use prior written permission of the Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors copyright owner or other structural parts of the Building; and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of Tenant’s use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windowsexclusive licensee.
Appears in 1 contract
Sources: User License Agreement
Restrictions on Use. Tenant shall use acknowledges that the Premises and Common Areas may not be used or operated in violation of the requirements of the Declaration, the CC&Rs or the Retch Hetchy Easement, and Hazardous Materials may not be used or located on the Premises or Common Area in a manner which would adversely affect Landlord’s Equipment rights and benefits under the Seller Indemnity described in a carefulSubparagraph 40(d) [Seller Indemnity] (all such documents are collectively referred to as the “Restrictive Documents”); provided, safe and proper mannerhowever, shall not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect that the use or operation of Landlord’s Equipment and the use, operation or occupancy of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord), provided parties agree that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) permitted use under this Lease and any other permits, approvals parking rights under Paragraph 36 [Parking] do not violate the Restrictive Documents. Landlord has listed certain specific uses and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors activities that are prohibited on all or other structural parts of the Building; and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use certain portions of the Premises or activity of Tenant in or about Landlord’s Propertyand Common Area pursuant to the Restrictive Documents on Exhibit “P” attached hereto. In addition, Landlord shall have the Insurance Costs are increasedright to modify Exhibit “P” to add other restrictions on use and activities on the Premises and Common Area under the Restrictive Documents, Tenant shall pay Landlord the amount of by written notice to Tenant, so long as such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of restrictions do not materially adversely affect Tenant’s permitted use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building Tenant’s Minimum Parking or Tenant’s access to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves use the Premises or other furnishings or equipment Common Area in a location manner in violation of the requirements listed on Exhibit “P”, as it may be amended by Landlord from time to time in accordance with the preceding sentence, and upon written notice from Landlord Tenant shall discontinue any such use of the Premises or Common Area. In addition, Tenant shall not do or permit anything to be done in or about the Premises or Common Area which abuts will obstruct or blocks interfere with the Clean-up Facilities, or with the rights of any windowsparties to the Declaration or the CC&Rs or any other tenant occupant in the Project, or injure them, nor use or allow the Premises or Common Area to be used for any unlawful purpose, shall Tenant cause or maintain or permit any nuisance in, on or about the Premises or Common Area. Tenant shall not commit or suffer the commission of any waste in, on or about the Premises or Common Area. Landlord acknowledges that, for purpose of this Paragraph, the existence of the Existing Hazardous Materials (as defined in Paragraph 40 [Hazardous Materials Liability]) on the Project on the Occupancy Date, and Tenant’s failure to remediate such Existing Hazardous Materials, shall not be a violation of Tenant’s obligations under this Paragraph 6 with respect to nuisance or waste.
Appears in 1 contract
Restrictions on Use. Tenant shall use the Premises and Landlord’s Equipment in a careful, safe and proper manner, shall not commit or suffer any waste The restrictions on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect the use or operation of Landlord’s Equipment and the use, operation or occupancy of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Landlord’s Equipment and the Premises (copies of which Service shall be provided to the Landlord), as set forth within this Section 2 and as may be further set forth in Exhibit A; provided that Landlord in the event of any conflict between the terms of Exhibit A and this Section 2, the terms of this Section 2 shall prevail.
a. Subscriber shall not sell, transfer, assign, publish, distribute, disseminate, allow access to or convey any of the Databases and/or Software licensed and provided hereunder, or any derivation, revision or combination thereof, to any third party.
b. The Service is provided solely and exclusively for the internal use in the Subscriber's business at the site or sites identified in Exhibit A ("the Authorized Site(s)") on the number of Authorized Devices initially as set forth in Exhibit A hereto and as may be subsequently increased or decreased (but provided that Subscriber at all times shall be responsible for obtaining a certificate considered to have at least the minimum number of occupancy for Authorized Devices set forth in Exhibit A) from time to time in accordance with this paragraph, and at the Building generally (i.e., as opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant installation addresses designated in Exhibit A. Subscriber shall not overload the floors communicate, distribute, transfer, sell or other structural parts of the Building; and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do otherwise furnish or permit to be done furnished the Databases or any act other part of the Service to any other site, subsidiary, affiliate, branch office or thing on Landlord’s Property other place of business other than the Authorized Site(s) without the express prior written consent of S&P IMS, and any such attempted communication, distribution, etc. shall be a material breach of this Agreement. Should Subscriber desire to utilize the Service at a site or site(s) in addition to the Authorized Site(s) or at a site or sites other than the Authorized Site(s), Subscriber shall request in writing that Exhibit A be modified to include such new Authorized Site(s), Any modification to Exhibit A pursuant to the foregoing shall be effected pursuant to a written amendment to this Agreement signed by authorized representatives of Subscriber and S&P IMS. Such amendment will reflect any resulting adjustments to the fees set forth in Exhibit A for which Subscriber shall be responsible under this Agreement
c. Subscriber expressly acknowledges that the Databases and Software were compiled, prepared, revised, selected and arranged by S&P IMS and/or its third-party suppliers through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and constitute valuable intellectual property and trade secrets of S&P IMS and/or its third-party suppliers. Subscriber shall take reasonable precautions to avoid unauthorized access to or distribution of the Databases and/or Software; Subscriber agrees to protect the copyright and/or any other proprietary rights of S&P IMS in the Databases and Software including, but not limited to, any contractual, statutory and common law rights, during, as well as after, the term of this Agreement; and Subscriber shall honor and comply with Landlord’s Equipment reasonable written requests made by S&P IMS and/or its third-party suppliers to protect the rights of S&P IMS and/or its third-party suppliers in and to the Databases and Software. In the event of any unauthorized use of the Licensed Materials by an Authorized User, S&P may (a) terminate such Authorized User's access to the Licensed Material (b) terminate the access of the Internet Protocol ("IP") address(es) from which will invalidate such unauthorized use occurred; and/or (c) terminate such Authorized User's access to the Licensed Materials upon Subscriber's request. S&P shall take none of the steps described in this paragraph without first providing ten (10) day notice to Subscriber. If the breach is not cured within a thirty (30) days period from the time of breach, S&P shall have the right to terminate the Agreement without further notice.
d. Subscriber shall not: (i) attempt to reverse engineer, disassemble, decompile or be in conflict with any insurance policiesdecrypt the Databases or the Software, or which will increase any portion thereof, (ii) create, generate or compile the rate source code of the Software or the data records of the Databases, or any insuranceportion thereof, covering nor (iii) aid or permit others to do so.
e. Subscriber shall have no right in or to any components of the Building. IfService, because including any COMPUSTAT and S&P IMS media or Software included therein, except the right to use the same in the course of Tenant’s failure to comply Subscriber's business consistent with the provisions of this Section Agreement. Subscriber shall not move any COMPUSTAT and S&P IMS media or due Software from the Authorized Site without the express prior written permission of S&P IMS. Subscriber shall not assign, pledge, or encumber the COMPUSTAT and S&P IMS media or Software and Subscriber shall keep the COMPUSTAT and S&P IMS media and Software free and clear of all liens, levies, and encumbrances; failure to any use of the Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant do so shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions constitute a material breach of this Section or by the nature Agreement.
f. Without limiting any other provision of Tenant’s use of the Premises. Tenant shall cause any fire lanes in the frontthis Agreement, sides and rear of the Building to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant Subscriber shall not permit upload, download or otherwise disseminate the emission Databases or any portion thereof to its Internet web site or the Internet web site of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windowsthird party.
Appears in 1 contract
Sources: Compustat Subscription Agreement
Restrictions on Use. Tenant shall not be entitled to use or store any Hazardous Materials on, in, or about any portion of the Premises and the Project without, in each instance, obtaining Landlord’s Equipment prior written consent thereto, not to be unreasonably withheld. If Landlord, in a carefulits reasonable discretion, safe consents to any such usage or storage, then Tenant shall be permitted to use and/or store only those Hazardous Materials that are necessary for Tenant’s business and proper mannerto the extent disclosed in the HazMat Certificate and as expressly approved by Landlord in writing. Any such usage and storage may only be to the extent of the quantities of Hazardous Materials as specified in the then-applicable approval by Landlord. In all events such usage and storage must at all times be in full compliance with any and all local, shall not commit state and federal environmental, health and/or safety-related laws, statutes, orders, standards, courts’ decisions, ordinances, rules and regulations (as interpreted by judicial and administrative decisions), decrees, directives, guidelines, permits or suffer permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant or all or any waste on or about Landlord’s Property or portion of the Premises (collectively, the “Environmental Laws”) and in compliance with respect to Landlord’s Equipment, and shall not make any use the recommendations of Landlord’s Property consultants. Tenant agrees that any changes to the type and/or quantities of Hazardous Materials specified in the most recent HazMat Certificate may be implemented only with the prior written consent of Landlord, which consent may be given or withheld in Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect the use or operation of Landlord’s Equipment and the use, operation or occupancy of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use of the Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Propertyreasonable discretion. Tenant shall not overload be entitled nor permitted to install any tanks under, on or about the floors Premises for the storage of Hazardous Materials without the express written consent of Landlord, which may be given or other structural parts of the Building; and shall not commit or suffer any act or thing on withheld in Landlord’s Property which is illegalsole discretion. Landlord shall have the right, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on in Landlord’s Property or with Landlord’s Equipment which will invalidate or be sole discretion, at all times during the Term of this Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Tenant is in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply compliance with the provisions of this Section 22 or due to determine if Hazardous Materials are present in, on or about the Project, (iii) request lists of all Hazardous Materials used, stored or otherwise located on, under or about any use portion of the Premises or activity and/or the Common Areas, and (iv) to require Tenant to complete a survey of Tenant its use, storage and handling of Hazardous Materials in or about the Premises, using a form and following procedures designated by Landlord, in Landlord’s Propertysole discretion (the “Survey”). Tenant shall reimburse Landlord for the cost of all such inspections, the Insurance Costs are increasedtests and investigations, and all costs associated with any Survey. If as a result of an inspection, test or Survey Landlord determines, in Landlord’s reasonable discretion, that Tenant should implement or perform safety, security or compliance measures, Tenant shall pay within thirty (30) days after written request by Landlord perform such measures, at Tenant’s sole cost and expense. The aforementioned rights granted herein to Landlord and its representatives shall not create (a) a duty on Landlord’s part to inspect, test, investigate, monitor or otherwise observe the amount of such increase caused by Premises or the failure activities of Tenant and Tenant Parties with respect to comply with the provisions of this Section or by the nature of Hazardous Materials, including without limitation, Tenant’s operation, use and any remediation relating thereto, or (b) liability on the part of the Premises. Landlord and its representatives for Tenant’s use, storage, disposal or remediation of Hazardous Materials, it being understood that Tenant shall cause any fire lanes be solely responsible for all liability in the front, sides and rear of the Building to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windowsconnection therewith.
Appears in 1 contract
Sources: Lease Agreement (Neophotonics Corp)
Restrictions on Use. Tenant shall This ▇▇▇▇ grants You the right to install and use the Premises and Landlord’s Equipment Licensed Materials in accordance with the terms under which You have licensed the Licensed Materials from Altium. Notwithstanding the foregoing, Altium permits You to make a careful, safe and proper manner, shall not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipment, and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect the use or operation of Landlord’s Equipment and the use, operation or occupancy of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use Temporary Use of the Landlord’s Equipment and the Premises (copies of which shall be provided to the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., Licensed Materials so long as opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for such use does not result in the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors or other structural parts more copies of the Building; and shall not commit Licensed Materials than You are permitted to use at any given time, if Your license is so restricted hereunder. In the event that You desire to expand or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerousextend Your use, or which unreasonably disturbs other tenantsto migrate to different Products or functionality within any such Products You must notify Altium prior to any such expanded or extended use and arrange for the licensing of the applicable Licensed Materials.
2.4.1. Tenant In no event shall not knowingly do You: a) allow any of Your affiliates, subsidiaries or permit to be done divisions, any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policiesportion of Your business located at a different geographic site, or which will increase third parties, to copy, have access to or use any portion whatsoever of the rate Licensed Materials unless You have licensed the Licensed Materials on a Continental License or Global License basis that would permit such use; notwithstanding the foregoing, You may make a Temporary Use of the Licensed Materials as stated in Section 2.3 above; b) allow any insurancethird party to have access to or use any portion whatsoever of the Licensed Materials, covering unless such access or use is in connection with a Temporary Use by You in carrying out a legitimate business purpose that does not otherwise violate the Building. If, because of Tenant’s failure to comply with the provisions terms of this Section or due ▇▇▇▇, including but not limited to any use the restrictions on number of users, if such restrictions apply to Your license hereunder; c) make copies of the Premises Licensed Materials for use by any of Your other affiliates, subsidiaries or activity of Tenant in or about Landlord’s Propertydivisions, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of Tenant’s use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windows.third party;
Appears in 1 contract
Sources: End User License Agreement
Restrictions on Use. Tenant Customer Information provided by Pacific ▇▇▇▇ pursuant to this Agreement shall use only be used by AC for the Premises limited purposes described herein, i.e., to build and Landlordverify AC’s Equipment databases in a carefulconnection with PIC’d accounts, safe for the purpose of providing billing of AC services to AC end users, for billing and proper manner, shall not commit or suffer any waste on or about Landlord’s Property or with respect to Landlord’s Equipmentcollection of long distance services, and for AC to communicate to AC end users in connection with the aforesaid uses. The Customer Information provided to AC pursuant to this Agreement may not be further resold by AC. AC shall not make every effort to make sure that Customer Information is provided only to authorized personnel of AC or agents of AC performing permitted uses defined above. Restrictions on Disclosure of Nonpublished and Nonlisted Numbers AC ACKNOWLEDGES THE SENSITIVITY AND IMPORTANCE OF PROTECTING NONPUBLISHED AND UNLISTED NUMBERS AGAINST UNAUTHORIZED DISCLOSURE. AC agrees that Subscriber Information which Pacific ▇▇▇▇ designates as nonpublished and/or nonlisted shall be used solely for AC’s internal purposes. AC shall maintain the confidentiality of such nonpublished and/or nonlisted information, exercising due care and taking reasonable precautions to prevent disclosure of such information to anyone except employees of AC or its Clients with the need to have access to such information in connection with updating AC records, providing telecommunications services to Subscribers, and for billing and collection purposes related to Subscribers who are Presubscribed to AC. Applicability of Statutes, Decisions and Rules Notwithstanding any other provision in this Agreement, a Party's ability to disclose information or use disclosed information is subject to all applicable statutes, decisions, and regulatory rules concerning the disclosure and use of Landlord’s Property and/or Landlord’s Equipment which is prohibited such information which, by their express terms, mandate or contrary permit a different handling of such information, including, but not limited to Section 222 of the Telecommunications Act of 1996 and any lawsregulations promulgated pursuant thereto. However, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in AC expressly waives any way affect the use or operation of Landlord’s Equipment and the use, operation or occupancy of Landlord’s Property. Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary Claims against Pacific ▇▇▇▇ for use of Confidential Information so long as such use is authorized by the Landlord’s Equipment Subscriber, to the extent authorization is required by the Telecommunications Act and the Premises (copies of which any regulations promulgated thereunder. Such waiver by AC is made notwithstanding any state or federal statutory provision or regulation. Charges Billing shall be provided on a monthly basis via Pacific ▇▇▇▇’▇ Carrier Access Billing System (CABS) and shall be subject to the Landlord), provided that Landlord shall payment terms set forth in this Agreement. Separate Billing Account Numbers (BANS) will be responsible established for obtaining a certificate of occupancy Pacific ▇▇▇▇ and Nevada ▇▇▇▇ accounts. Separate bills will be rendered for the Building generally Pacific ▇▇▇▇ (i.e., as opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which California) and Nevada ▇▇▇▇. The above charges shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors or other structural parts due upon receipt of the Building; and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants▇▇▇▇. Tenant shall not knowingly do or permit Pacific ▇▇▇▇ reserves the right to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase charge interest at the rate of one and one half percent (1.5%) per month or at the highest interest rate payable by law, whichever is lower, for payment received more than thirty (30) days following the due date. Basic CARE will be billed monthly, per specific 20XX and 22XX transactions. The rate is: $0.10 per each chargeable TCSI transactions as defined in Attachment 1. Snapshots will be billed at a rate of $0.05 per PIC’d WTN/TER per snapshot provided. Charges are applied to specific rejects and all positive response TCSIs. The rate is: $0.25 per chargeable TCSI transaction Attachment 2 provides a list of chargeable TCSIs associated with Data Gathering. Charges are applied to specific rejects and all positive response TCSIs. The rate is: $0.05 per chargeable TCSI transaction Attachment 3 provides a list of chargeable TCSIs associated with Verification Services. The rate is for CLEC Activities is $0.10 per TCSI transaction. Attachment 4 provides a list of chargeable TCSIs associated with CLEC Activities. Warranty Except as expressly provided above, Pacific ▇▇▇▇ makes no warranty of any insurancekind, covering either expressed or implied, including, but not limited to, all implied warranties of merchantability and fitness for a particular purpose. PACIFIC ▇▇▇▇’▇ AGGREGATE LIABILITY TO AC FOR ALL DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM A BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER TORT WITH RESPECT TO THE SERVICES, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE CHARGES FOR THE PARTICULAR SERVICES GIVING RISE TO THE LIABILITY DURING THE CONTRACT TERM OR RENEWAL TERM IN WHICH THE LIABILITY AROSE. AC RELEASES PACIFIC ▇▇▇▇ FROM ANY LIABILITY IN EXCESS OF THIS AMOUNT. IN NO EVENT SHALL PACIFIC ▇▇▇▇ BE LIABLE TO AC FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES, PROFITS OR SAVINGS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AC WAIVES ANY CLAIM AGAINST PACIFIC ▇▇▇▇ FOR PUNITIVE OR EXEMPLARY. WITHOUT IN ANY WAY LIMITING THE APPLICATION OF THE PARAGRAPHS ABOVE, THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IN THIS SECTION IS AC’S EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT ANY OTHER CONTRACTUAL REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Termination The Customer may terminate this Agreement at any time without cause upon sixty (60) days prior written notice to Pacific ▇▇▇▇. Pacific ▇▇▇▇ may terminate this Agreement at any time without cause upon sixty (60) days prior written notice to Customer. In addition, Pacific ▇▇▇▇ shall have the Buildingright to terminate this Agreement: Upon ten (10) days prior written notice in the event of a default by Customer in any payment obligation, if such default is not cured within such ten (10) day period. If(Further, because in the event of Tenant’s failure such default, Pacific ▇▇▇▇ may cease the provision of Basic CARE information without further notice. In such case, carriers would only receive Default CARE Service. Pacific ▇▇▇▇ will not resume the provision of Basic CARE information until all past due debts are paid or other accommodations satisfactory to comply with Pacific ▇▇▇▇ are made. Pacific ▇▇▇▇ will not be required to re-send Basic CARE information that was not sent during the provisions period of suspension); or Upon thirty (30) days prior written notice to Customer in the event of any default under or breach of any material term or condition of this Section Agreement by Customer, if such default or due breach is not cured by Customer within such thirty (30)-day period; or Immediately upon written notice to Customer, if Customer becomes or is declared insolvent or bankrupt, is the subject of any use proceedings related to its liquidation, insolvency or for the appointment of a receiver or similar officer, makes an assignment for the Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of Tenant’s use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building to be kept free benefit of all parking associated with or substantially all of its business creditors, admits its inability to pay its debts as they come due, or occupancy enters into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations, but only if and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as to the extent such termination is not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windowsprohibited by law.
Appears in 1 contract
Sources: Service Agreement
Restrictions on Use. Tenant shall You shall: (a) not use OBC InfoLink for any purpose other than the Premises Authorized Purpose or alter, damage or destroy OBC InfoLink or any data or information contained therein or other component(s) thereof; (b) not reproduce OBC InfoLink except to download, print and/or store such reasonable copies of the content available on OBC InfoLink as may be required for the Authorized Purpose; (c) not assign this Use Agreement or rent, sell, publish, distribute, communicate, transfer, lease, export or grant a sublicense to use OBC InfoLink unless expressly permitted to do so by Tarion in writing;(d) not modify, translate, reverse engineer, decompile, disassemble or make derivative works of OBC InfoLink (e) not use OBC InfoLink to operate a service bureau, drive traffic to your or any third party website for personal or commercial gain or otherwise use OBC InfoLink except as authorized herein; (f) not network OBC InfoLink or otherwise access OBC InfoLink from more than one computer, per user ID or password, at any one time; (g) not use OBC InfoLink for any tortious or unlawful purpose, including accessing any other system or network without authorization or transmitting any material (I) in violation of applicable laws (including copyright and Landlord’s Equipment in privacy laws), (II) constituting unauthorized use or disclosure of a carefultrade secret or (III) reasonably interpretable as threatening, safe libelous, offensive, pornographic, profane or obscene; (h) observe all security features on OBC InfoLink and proper mannernot disable, shall bypass, defeat or circumvent (or permit a third party to disable, bypass, defeat or circumvent) any such security features; (i) not commit submit and/or post any content, information or suffer any waste on other materials that contain a virus, Trojan horse, worm, bad link or about Landlord’s Property other harmful or with respect to Landlord’s Equipment, and shall not make any disruptive component or otherwise use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which OBC InfoLink in any way affect that might, in ▇▇▇▇▇▇'s sole discretion, subvert or conflict or interfere with the use integrity, reputation, security or operation of Landlord’s Equipment and OBC InfoLink any component(s) thereof or the usesystem(s) from which OBC InfoLink is being made available; (j) not use any robots, operation bots, spiders, web crawlers, data or occupancy of Landlord’s Propertytext, mining software or other automated tools or data gathering or extracting applications to collect data or information other than your information from OBC InfoLink . Tenant, at its own expense, shall obtain any and all permits, approvals and licenses necessary for use Any evidence of the Landlord’s Equipment foregoing may be disclosed by ▇▇▇▇▇▇ to law enforcement authorities and result in criminal prosecution under the Premises (copies laws of which shall be provided to the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as opposed to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) and any Canada and/or such other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors or other structural parts of the Building; and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of Tenant’s use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, jurisdictions as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windowsapply.
Appears in 1 contract
Sources: Terms of Use
Restrictions on Use. (1) The Tenant shall must not, and must not let anyone else:-
(a) use the Premises otherwise than for the Permitted Use;
(b) use the Premises for any illegal purpose;
(c) carry on any noxious or offensive activity on the Premises;
(d) do anything which might cause nuisance, damage or disturbance to a tenant, occupier or owner of any neighbouring properties; or
(e) do anything which might cause any insurance policy relating to the Premises to become void or voidable or any claim on it to be rejected.
(2) The Tenant must not:-
(a) overload any Services;
(b) damage the Landlord's Property; or
(c) alter the Landlord's Property without the Landlord's consent which the Landlord may in its sole and absolute discretion withhold or refuse without giving any reasons.
(d) carry out any alterations or works to, without limitation, the Landlord’s Equipment in a careful, safe and proper manner, shall not commit or suffer any waste on or about Landlord’s 's Property or with respect to Landlord’s Equipment, and shall not make any use of Landlord’s Property and/or Landlord’s Equipment which is prohibited by or contrary to any laws, rules, regulations, orders or requirements of public authorities, or which would cause a public or private nuisance. Tenant shall comply with and obey all laws, rules, regulations, orders and requirements of public authorities which in any way affect the use or operation of Landlord’s Equipment and the usePremises, operation or occupancy of Landlord’s Property. Tenant, including initial fitout works carried out by the Tenant at its own expensecost to enable the Premises to be used for the Permitted Use as defined for the purposes of this clause as “Initial Fitout Works”, shall obtain without ensuring that such alterations and works and Initial Fitout Works are carried out:
(i) strictly in accordance with plans and specifications approved by the Landlord;
(ii) by qualified tradespersons approved by the Landlord;
(iii) to the Landlord’s reasonable satisfaction and in accordance with the Landlord’s reasonable requirements (including the Landlord’s requirements as to the standard, type, quality, size and colour of any and all permits, approvals and licenses necessary for use of the Tenant's Property);
(iv) under the supervision of the Landlord’s Equipment architect or consultant (the cost of which must be paid by the Tenant to the Landlord within fourteen (14) days of demand); and
(v) in accordance with all rules and requirements of any authorities having jurisdiction over the Landlord’s Property and the Premises Premises.
(copies of which shall be provided to 3) The Tenant must comply with the Landlord), provided that Landlord shall be responsible for obtaining a certificate of occupancy for the Building generally (i.e., as opposed 's requirements in relation to a certificate of occupancy for the Premises after the performance of any work by Tenant, which shall be Tenant’s responsibility) and any other permits, approvals and licenses necessary generally for the use of Landlord’s Equipment and Landlord’s Property. Tenant shall not overload the floors or other structural parts any of the Building; Landlord's Installations and shall not commit or suffer any act or thing on Landlord’s Property which is illegal, unreasonably offensive, unreasonably dangerous, or which unreasonably disturbs other tenants. Tenant shall not knowingly do or permit to be done any act or thing on Landlord’s Property or with Landlord’s Equipment which will invalidate or be in conflict with any insurance policies, or which will increase the rate of any insurance, covering the Building. If, because of Tenant’s failure to comply with the provisions of this Section or due to any use of the Premises or activity of Tenant in or about Landlord’s Property, the Insurance Costs are increased, Tenant shall pay Landlord the amount of such increase caused by the failure of Tenant to comply with the provisions of this Section or by the nature of Tenant’s use of the Premises. Tenant shall cause any fire lanes in the front, sides and rear of the Building to be kept free of all parking associated with its business or occupancy and in compliance with all applicable regulations. Tenant shall conduct its business at all times so as not to annoy or be offensive to other tenants and occupants in Landlord’s Property. Tenant shall not permit the emission of any objectionable noise or odor from the Premises and shall at its own cost install such extra sound proofing or noise control systems and odor control systems, as may be needed to eliminate unreasonable noise, vibrations and odors, if any, emanating from the Premises being heard, felt or smelled outside the Premises. Tenant shall not place any file cabinets bookcases, partitions, shelves or other furnishings or equipment in a location which abuts or blocks any windowsServices.
Appears in 1 contract
Sources: Lease (Retail)