Tenants Additional Covenants. Tenant covenants at all times during the Term and such further times as Tenant occupies the Premises or any part thereof (a) To perform promptly all of the obligations of the Tenant set forth in this Lease; and to pay when due items of Base Rent, Tenant's Proportionate Share of Operating and Tax Expenses, Additional Rent and all charges, rates and other sums which by the terms of this Lease are to be paid by the Tenant. (b) To conduct its business at all times in a high grade and reputable manner so as to help establish and maintain a high reputation for the Building. (c) To store all trash and refuse within the Premises and to attend to the daily disposal thereof in the manner designated by Landlord; to keep all drains inside the Premises clean; to receive and deliver goods and merchandise only in the manner and areas designated by Landlord. (d) To comply with "Building Rules and Regulations" ("Rules") which are attached hereto as EXHIBIT F and incorporated herein by reference. --------- Landlord may from time to time hereafter make Rules or reasonable modifications to the Rules and establish reasonable additional Rules for the safety, comfort and welfare of the occupants of the Building as Landlord deems necessary. Such Rules, modifications or additions shall be binding upon Tenant when a copy is delivered to Tenant or Tenant's agents or employees in the Premises. Landlord shall have no duty or obligation to enforce any Rules, or any term, covenant or condition of any other lease, against any other tenant or occupant of the Building, and Landlord's failure or refusal to enforce any Rule or any term, covenant or condition of any other lease against any other tenant or occupant of the Building shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise. (e) To make all repairs, alterations, additions or replacements to the Premises required by any law or ordinance or any order or regulation of any public authority because of Tenant's use of the Premises; to keep the Premises equipped with all safety appliances so required because of such use; to procure any licenses and permits required for any such use; and to comply with the orders and regulations of all governmental authorities, except that Tenant may defer compliance so long as the validity of any such law, ordinance, order or regulation shall be contested by Tenant in good faith and by appropriate legal proceedings, if Tenant first gives Landlord appropriate assurance against any loss, cost or expense on account thereof and if such deferral shall not adversely affect the operation of any other areas within the Building. (f) Not to place signs of any nature or kind whatsoever in or upon the windows of the Premises. Tenant signage, at Tenant's sole expense, will be installed by means of a Building Standard nameplate located at the entrance to Tenant's Premises. Any other signs shall be subject to Landlord's approval which may be unreasonably withheld. Tenant shall not use any picture or drawing of the Building in any advertisement or promotional material without Landlord's prior written consent. Landlord reserves the right to promulgate standards for all window coverings for the Premises and the Building. (g) Not to make any use of the Premises other than the permitted use set forth in Section 2.B. (h) Not to injure, overload, deface or otherwise harm the Premises; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn any trash or refuse within the Building; nor make any use of the Premises which is improper, offensive or contrary to any law or ordinance; nor use any advertising medium that may constitute a nuisance, such as loudspeakers, sound amplifiers, phonographs or radio or television broadcasts in a manner to be heard outside the Premises; nor do any act tending to injure the reputation of the Building; nor park trucks or delivery vehicles outside the Premises so as to interfere unreasonably with the use, of any driveways, walks, or parking areas. (i) Not permit or suffer to be done any act, matter, thing or failure to act in respect of the Premises or use or occupy the Premises or conduct or operate Tenant's business in any manner objectionable to any insurance company or companies whereby the fire insurance or any other insurance then in effect in respect of the Premises or the Building or any part thereof shall become void or suspended or whereby any premiums in respect of insurance maintained by Landlord shall be higher than those which would normally have been in effect for the occupancy contemplated within the Building. In case of a breach of this covenant, in addition to all other rights and remedies of Landlord hereunder, Tenant shall (a) indemnify Landlord and the lessor(s) of any ground or underlying lease(s) and hold Landlord and such lessor(s) of any ground or underlying lease(s) harmless from and against any loss which would have been covered by insurance which shall have become void or suspended because of such breach by Tenant and (b) pay to Landlord, as Additional Rent, any and all increases or premiums on any insurance, including, without limitation, fire insurance and rent insurance, resulting from any such breach.
Appears in 3 contracts
Sources: Lease Agreement (DSL Net Inc), Lease Agreement (DSL Net Inc), Lease Agreement (DSL Net Inc)
Tenants Additional Covenants. Tenant covenants and agrees at Tenants sole cost and at all times during the course of the Lease Term and any such further times as future terms of occupancy by Tenant occupies of the Leased Premises or any part thereof:
(a) A. To perform promptly all of the obligations of the Tenant set forth in this Lease; and to pay when due items of Base Rent, conduct Tenant's Proportionate Share of Operating and Tax Expenses, Additional Rent and all charges, rates and other sums which by the terms of this Lease are to be paid by the Tenant.
(b) To conduct its business at all times in a high grade professional and reputable manner so as to help establish and maintain a high reputation for the Buildingmanner.
(c) B. To comply with all governmental rules and regulations related to the storage and disposal of refuse; to store all trash and refuse within the Leased Premises and to attend to or within the daily disposal thereof dumpster located in the manner designated by Landlord; rear parking lot area of the Property. After each use of the dumpster, Tenant shall make sure the wooden gate accessing this dumpster is closed and secured. Tenant, further agrees to keep all drains place Tenant's trash and refuse only inside the Premises clean; to receive dumpster and deliver goods and merchandise only in not on the manner and areas designated by Landlord.
(d) To comply with "Building Rules and Regulations" ("Rules") which are attached hereto as EXHIBIT F and incorporated herein by referenceground around said dumpster. --------- Landlord may from time to time hereafter make Rules or reasonable modifications to the Rules and establish reasonable additional Rules for the safety, comfort and welfare of the occupants of the Building as Landlord deems necessary. Such Rules, modifications or additions shall be binding upon Tenant when a copy is delivered to Tenant or Tenant's agents or employees in the Premises. Landlord shall have no duty or obligation to enforce any Rules, or any term, covenant or condition of any other lease, against any other tenant or occupant of the Building, and Landlord's failure or refusal to enforce any Rule or any term, covenant or condition of any other lease against any other tenant or occupant of the Building shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise.
(e) To make all repairs, alterations, additions or replacements to the Premises required by any law or ordinance or any order or regulation of any public authority because of Tenant's use of this dumpster is for reasonable use only (normal daily business operations, which term shall specifically exclude disposal of any furniture or bulk items). If Tenant's use becomes unreasonable as reasonably determined by Landlord, then Tenant shall reimburse Landlord for such excess use.
C. Not to use the Premises; Leased Premises in a manner which shall be unlawful, improper, noisy, odorous or offensive to keep the other Tenants within the Building and not to use the Leased Premises equipped in any way that shall be contrary to any law or any municipal by-law of the City of Malden. Tenant agrees that Landlord has made no representation or warranties with respect to the Tenant's intended use of the leased premises.
D. To comply promptly with all safety appliances so required because applicable laws, rules, regulations, ordinances, requirements, or orders of such use; to procure any licenses and permits required for any such use; and to comply with the orders and regulations of all governmental public authorities, the Board of Fire Underwriters, and similar organizations except that Tenant may defer when the Landlord is responsible for compliance so long as therewith under the validity terms and conditions of any such law, ordinance, order or regulation shall be contested by Tenant in good faith and by appropriate legal proceedings, if Tenant first gives Landlord appropriate assurance against any loss, cost or expense on account thereof and if such deferral shall not adversely affect the operation of any other areas within the Buildingthis Lease.
(f) Not to place signs of any nature or kind whatsoever in or upon the windows of the Premises. Tenant signage, at Tenant's sole expense, will be installed by means of a Building Standard nameplate located at the entrance to Tenant's Premises. Any other signs shall be subject to Landlord's approval which may be unreasonably withheld. Tenant shall not use any picture or drawing of the Building in any advertisement or promotional material without Landlord's prior written consent. Landlord reserves the right to promulgate standards for all window coverings for the Premises and the Building.
(g) E. Not to make any use of the Leased Premises other than which shall invalidate or increase the permitted use set forth in Section 2.B.
(h) Not to injure, overload, deface or otherwise harm the Premises; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn any trash or refuse within the Building; nor make any use cost of the Premises which is improperLandlord's insurance, offensive or contrary to any law or ordinance; nor use any advertising medium that which may constitute a nuisance, such as loudspeakers, sound amplifiers, phonographs or radio or television broadcasts in a manner to be heard outside the Premises; nor do any act tending to injure the reputation of the Building; nor park trucks or delivery vehicles outside the Premises so as to interfere unreasonably with the use, of any driveways, walks, or parking areasproperty.
(i) Not permit or suffer to be done any act, matter, thing or failure to act in respect of the Premises or use or occupy the Premises or conduct or operate Tenant's business in any manner objectionable to any insurance company or companies whereby the fire insurance or any other insurance then in effect in respect of the Premises or the Building or any part thereof shall become void or suspended or whereby any premiums in respect of insurance maintained by Landlord shall be higher than those which would normally have been in effect for the occupancy contemplated within the Building. In case of a breach of this covenant, in addition to all other rights and remedies of Landlord hereunder, Tenant shall (a) indemnify Landlord and the lessor(s) of any ground or underlying lease(s) and hold Landlord and such lessor(s) of any ground or underlying lease(s) harmless from and against any loss which would have been covered by insurance which shall have become void or suspended because of such breach by Tenant and (b) pay to Landlord, as Additional Rent, any and all increases or premiums on any insurance, including, without limitation, fire insurance and rent insurance, resulting from any such breach.
Appears in 1 contract
Tenants Additional Covenants. Tenant covenants 8.1 Compliance with Law, Including Hazardous Substances. Tenant, at its sole expense, shall comply with all times during the Term applicable law, and such further times as Tenant occupies all applicable insurance requirements, with respect to Tenant's use and occupancy of the Premises and will not do or any part thereof
(a) To perform promptly all permit to be done anything upon the Premises which will violate applicable law or invalidate or be in conflict with fire and casualty insurance policies. Except for necessary quantities of customary and usual cleaning supplies used in cleaning and maintenance of the obligations of the Tenant set forth Premises, which shall be properly stored, and except as otherwise provided in this Lease; and to pay when due items of Base RentSection 8.l, Tenant's Proportionate Share of Operating and Tax Expenses, Additional Rent and all charges, rates and other sums which by the terms of this Lease are to there shall not be paid by the Tenant.
(b) To conduct its business at all times in a high grade and reputable manner so as to help establish and maintain a high reputation for the Building.
(c) To store all trash and refuse brought on or kept within the Premises and to attend to the daily disposal thereof in the manner designated by Landlord; to keep all drains inside the Premises clean; to receive and deliver goods and merchandise only in the manner and areas designated by Landlord.
(d) To comply with "Building Rules and Regulations" ("Rules") which are attached hereto as EXHIBIT F and incorporated herein by reference. --------- Landlord may from time to time hereafter make Rules any inflammable, combustible or reasonable modifications to the Rules and establish reasonable additional Rules for the safetyexplosive fluid, comfort and welfare of the occupants of the Building as Landlord deems necessary. Such Rules, modifications material or additions shall be binding upon Tenant when a copy is delivered to Tenant or Tenant's agents or employees in the Premises. Landlord shall have no duty or obligation to enforce any Ruleschemical, or any termhazardous, covenant toxic or condition radioactive material or substance, including without limitation oil (collectively, "Hazardous Substances") regulated by any local, state or Federal law (for example, the Federal Comprehensive Environmental Response Compensation Liability Act of l980, the Massachusetts Hazardous Waste Management Act and the Massachusetts Oil and Hazardous Material Release Prevention Act) as now in existence or as hereafter enacted or amended (collectively "Hazardous Substance Law"). Tenant agrees not to store or use any Hazardous Substance in, on or about the Premises, or dispose of Hazardous Substances from the Premises to any other leaselocation, against any other tenant or occupant of the Building, and Landlord's failure or refusal to enforce any Rule or any term, covenant or condition of any other lease against any other tenant or occupant of the Building shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise.
(e) To make all repairs, alterations, additions or replacements to the Premises required by any law or ordinance or any order or regulation of any public authority because of Tenant's use of the Premises; to keep the Premises equipped with all safety appliances so required because of such use; to procure any licenses and permits required for any such use; and to comply with the orders and regulations of all governmental authorities, except that Tenant may defer compliance so long as the validity of any such law, ordinance, order or regulation shall be contested by Tenant in good faith and by appropriate legal proceedings, if Tenant first gives Landlord appropriate assurance against any loss, cost or expense on account thereof and if such deferral shall not adversely affect the operation of any other areas within the Building.
(f) Not to place signs of any nature or kind whatsoever in or upon the windows of the Premises. Tenant signage, at Tenant's sole expense, will be installed by means of a Building Standard nameplate located at the entrance to Tenant's Premises. Any other signs shall be subject to Landlord's approval which may be unreasonably withheld. Tenant shall not use any picture or drawing of the Building in any advertisement or promotional material without Landlord's prior written consent, (i) such Hazardous Substance is related to the Permitted Uses of the Premises and (ii) Tenant has obtained all permits and approvals therefor and the same are validly issued and outstanding and may be relied on by Tenant, or commit or suffer to be committed in or on the Premises any act which would require the filing of a notice pursuant to any Hazardous Substance Law, including without limitation Massachusetts General Laws Chapter 2lE. Tenant agrees that it shall use, store and dispose of such Hazardous Substances only in accordance with applicable Hazardous Substance Laws (and, to the extent stricter than such Laws, according to the standard operating and quality control procedures and standards prevailing in the diagnostic medical products development industry ("Industry Standards"), Tenant agrees that it shall, upon written request therefor from Landlord, advise Landlord in writing in detail reasonably satisfactory to Landlord of (a) Tenant's safety and training procedures for handling such materials and (b) application for, receipt of, rejection regarding and withdrawal or lapse of any license or permit required with respect to Hazardous Substances relating to Tenant's Permitted Uses of the Premises. Tenant agrees that it shall, upon written request from Landlord reserves from time to time, advise Landlord in writing of any Hazardous Substances used or stored by Tenant in the Premises (and on written advice from Tenant regarding any confidentiality requirements with respect to any Hazardous Substance disclosed to Landlord, Landlord shall comply with such confidentiality requirements). In the event that Tenant receives from any federal, state or local governmental agency any notice of violation or alleged violation of any Hazardous Substance Law, Tenant agrees to forward to Landlord a copy of any such notice within three (3) days of Tenant's receipt thereof, and Tenant agrees to take all steps necessary to bring Tenant's use of the Premises into compliance with such Hazardous Substance Law and any other applicable law. Tenant shall maintain on the Premises or, with notice to Landlord, at another location in the greater Boston area, throughout the Term and, after the termination of this Lease, at its main office, for at least five (5) years, (i) records of all Hazardous Substances used in Tenant's business at the Premises or otherwise brought on to the Premises and (ii) copies of all written materials which to Tenant's knowledge constitute any part (or all) of the Industry Standards. Subject to such confidentiality, proprietary information and trade secret assurances as Tenant reasonably may impose with regard to further disclosure of such records and materials, and information gained therefrom to third parties, Landlord or its representatives may from time to time inspect and copy such records and materials. As to materials stored at other than the Premises, Tenant agrees to provide such copies to Landlord at Landlord's written request. All information obtained by Landlord from its review of such records and materials shall be used solely for evaluating compliance with Hazardous Substances Laws and Tenant's obligations under this Lease, shall be held in strict confidence by Landlord, and shall not be disclosed to any third party (except in connection with the matters specifically contemplated by this Lease or as mandated by any applicable governmental law, ordinance or regulation, and then only to the extent necessary to accomplish the matters set forth herein or as to so mandated). Notwithstanding anything to the contrary contained in this Section, Landlord shall have the right to promulgate standards for all window coverings for make the information available to its employees having in Landlord's good faith judgment a need to know, to consultants or other parties retained or contracted by Landlord to evaluate the information and/or the Premises, and to Landlord's legal counsel, provided that such employees, consultants and other parties, and counsel shall be bound by these confidentiality provisions. At Landlord's or Landlord's lender's request from time to time during, and upon the expiration of, the Term of this Lease, Tenant shall cause the Premises and the BuildingBuilding and land, air and water related thereto to be inspected by a qualified professional satisfactory to Landlord for the presence of any material or substance prohibited or regulated under any Hazardous Substance Law and to obtain and forward to Landlord the professional's written report setting forth the scope and results of such inspection; provided however, that during the Term Landlord may require only one "without cause" inspection, and Landlord can require other inspections during the Term only if Landlord has reason to believe or suspect that there has been a release of Hazardous Substances or other violation of Hazardous Substance Law for which Tenant would be responsible. (Landlord's lender is not bound by this restriction.
(g) Not ). In addition, Landlord may, at its expense, have such inspections performed at any reasonable time and Tenant will cooperate with such inspections, provided however, that any such inspections shall be conducted in a manner reasonably intended to make minimize any use disruption of Tenant's conduct of its business. Tenant agrees not to cause, permit or tolerate, by act or omission of Tenant, Tenant's employees, agents or contractors or any other person who is on or in the vicinity of the Premises other than the permitted use set forth in Section 2.B.
(h) Not to injure, overload, deface or otherwise harm by reason of Tenant's occupancy of the Premises; nor commit , any nuisance; nor permit release or discharge any Hazardous Substance within, onto or in the emission vicinity of the Premises. Tenant's responsibility shall include all releases or discharges of Hazardous Substances (a) occurring during the Term, without regard to actual occupancy by Tenant, and during any objectionable noise other period Tenant is in occupancy of all or odor; nor burn any trash or refuse within the Building; nor make any use part of the Premises (the "Possession Period") and also (b) occurring or continuing to occur after the Possession Period by virtue of events first occurring during the Possession Period for which Tenant is improperresponsible under this Section. Tenant agrees at Tenant's sole cost and expense to remove from the Premises, offensive and the buildings adjacent to and the air, land and water above, around and under, the Premises and buildings adjacent thereto, as more completely set forth on Exhibit 4 any Hazardous Substance which may be released thereon for which Tenant is responsible under this Lease. Tenant shall not be obligated to remove any Hazardous Substances (a) that were on the Premises prior to the date on which Tenant, its contractors, agents or contrary employees first entered the Premises (which the parties agree is before the Commencement Date of the Term) or (b) caused by the acts or omissions of Landlord without regard to fault and involving Hazardous Substances other than those brought on the Premises by Tenant. Tenant shall be liable for and shall indemnify Landlord, as additional rent, against any law and all liability arising from the breach of any of Tenant's covenants and agreements under this Section 8.l, including without implied limitation (i) all costs and expenses of or ordinance; nor use any advertising medium that may constitute a nuisancerelated to response and remediation, whether performed under judicial order, governmental requirement or in voluntary compliance with Hazardous Substance Laws, (ii) all liability for injury to persons and damage to property, (iii) all fines and penalties and (iv) all costs and expenses of dispute, such as loudspeakersattorneys' fees and costs and the fees and costs of Licensed Site Professionals and other persons whose services are reasonably related to such liability, sound amplifiersincurred by Landlord in connection therewith, phonographs whenever such liability shall arise and for as long as Landlord remains so liable. Tenant shall be liable to and indemnify Landlord to the same extent as Landlord is or radio may be liable to any governmental agency or television broadcasts in a manner to any other person (such as corporations, other legally existing entities and individuals), including, by way of example, other tenants of Landlord's adjacent properties and abutting landowners. Tenant's liability to Landlord is intended to include the same standard of liability imposed on Landlord by Hazardous Substance Law, including strict liability as well as liability for negligence and for willfully wrong conduct. Tenant shall not be heard outside responsible to Landlord under this Section, either as to removal or indemnification, for releases first occurring off the Premises due to the conduct of persons other than persons for whom Tenant is responsible which migrate onto the Premises; , nor do any act tending shall Tenant be responsible to injure the reputation of the Building; nor park trucks or delivery vehicles outside the Premises so Landlord under this Section, either as to interfere unreasonably with removal or indemnification, for any releases occurring by act or omission of Landlord, Landlord's employees, agents, contractors or any other person on or in the use, of any driveways, walks, or parking areas.
(i) Not permit or suffer to be done any act, matter, thing or failure to act in respect vicinity of the Premises at Landlord's direction or use or occupy request, provided as to releases occurring on the Premises or conduct or operate Tenant's business in any manner objectionable to any insurance company or companies whereby the fire insurance or any other insurance then in effect in respect of the Premises or the Building or any part thereof shall become void or suspended or whereby any premiums in respect of insurance involving Hazardous Substances maintained by Tenant that Tenant has exercised due care supervising the person who caused the release during the time that person was on the Premises. Tenant releases Landlord shall be higher than those which would normally have been in effect for the occupancy contemplated within the Building. In case of a breach of this covenant, in addition to all other rights and remedies of Landlord hereunder, Tenant shall (a) indemnify Landlord and the lessor(s) of any ground or underlying lease(s) and hold Landlord and such lessor(s) of any ground or underlying lease(s) harmless from and against any loss which would have been covered by insurance which shall have become void or suspended because of such breach by Tenant and (b) pay to Landlord, as Additional Rent, any and all increases liability with respect to damage, however and whenever arising, actual or premiums on contingent, liquidated or unliquidated, which is due to Hazardous Substances, excepting only liability arising from the direct acts of Landlord, its employee and agents. Nothing in this Section shall be construed to limit the scope of any insurance, including, without limitation, fire insurance and rent insurance, resulting from any such breachother indemnification in this Lease to the extent the same applies to other than Hazardous Substances.
Appears in 1 contract
Sources: Lease (Epix Medical Inc)
Tenants Additional Covenants. Tenant covenants and agrees at Tenants sole cost and at all times during the course of the Lease Term and any such further times as future terms of occupancy by Tenant occupies of the Leased Premises or any part thereof:
(a) A. To perform promptly all of the obligations of the Tenant set forth in this Lease; and to pay when due items of Base Rent, conduct Tenant's Proportionate Share of Operating and Tax Expenses, Additional Rent and all charges, rates and other sums which by the terms of this Lease are to be paid by the Tenant.
(b) To conduct its business at all times in a high grade professional and reputable manner so as to help establish and maintain a high reputation for the Buildingmanner.
(c) B. To comply with all governmental rules and regulations related to the storage and disposal of refuse; to store all trash and refuse within the Leased Premises and to attend to or within the daily disposal thereof dumpster located in the manner designated by Landlord; rear parking lot area of the Property. After each use of the dumpster, Tenant shall make sure the wooden gate accessing this dumpster is closed and secured. Tenant, further agrees to keep all drains place Tenant's trash and refuse only inside the Premises clean; to receive dumpster and deliver goods and merchandise only in not on the manner and areas designated by Landlord.
(d) To comply with "Building Rules and Regulations" ("Rules") which are attached hereto as EXHIBIT F and incorporated herein by referenceground around said dumpster. --------- Landlord may from time to time hereafter make Rules or reasonable modifications to the Rules and establish reasonable additional Rules for the safety, comfort and welfare of the occupants of the Building as Landlord deems necessary. Such Rules, modifications or additions shall be binding upon Tenant when a copy is delivered to Tenant or Tenant's agents or employees in the Premises. Landlord shall have no duty or obligation to enforce any Rules, or any term, covenant or condition of any other lease, against any other tenant or occupant of the Building, and Landlord's failure or refusal to enforce any Rule or any term, covenant or condition of any other lease against any other tenant or occupant of the Building shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise.
(e) To make all repairs, alterations, additions or replacements to the Premises required by any law or ordinance or any order or regulation of any public authority because of Tenant's use of this dumpster is for reasonable use only (normal daily business operations, which term shall specifically exclude disposal of any furniture or bulk items). If Tenant's use becomes unreasonable as reasonably determined by Landlord, then Tenant shall reimburse Landlord for such excess use.
C. Not to use the Premises; Leased Premises in a manner which shall be unlawful, improper, noisy, odorous or offensive to keep the other Tenants within the Building and not to use the Leased Premises equipped in any way that shall be contrary to any law or any municipal by-law of the City of Malden. Tenant agrees that Landlord has made no representation or warranties with respect to the Tenant's intended use of the leased premises.
D. To comply promptly with all safety appliances so required because applicable laws, rules, regulations, ordinances, requirements, or orders of such use; to procure any licenses and permits required for any such use; and to comply with the orders and regulations of all governmental public authorities, the Board of Fire Underwriters, and similar organizations except that Tenant may defer when the Landlord is responsible for compliance so long as therewith under the validity terms and conditions of any such law, ordinance, order or regulation shall be contested by Tenant in good faith and by appropriate legal proceedings, if Tenant first gives Landlord appropriate assurance against any loss, cost or expense on account thereof and if such deferral shall not adversely affect the operation of any other areas within the Buildingthis Lease.
(f) Not to place signs of any nature or kind whatsoever in or upon the windows of the Premises. Tenant signage, at Tenant's sole expense, will be installed by means of a Building Standard nameplate located at the entrance to Tenant's Premises. Any other signs shall be subject to Landlord's approval which may be unreasonably withheld. Tenant shall not use any picture or drawing of the Building in any advertisement or promotional material without Landlord's prior written consent. Landlord reserves the right to promulgate standards for all window coverings for the Premises and the Building.
(g) E. Not to make any use of the Leased Premises other than which shall invalidate or increase the permitted use set forth in Section 2.B.
(h) Not to injure, overload, deface or otherwise harm the Premises; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn any trash or refuse within the Building; nor make any use cost of the Premises which is improperLandlord's insurance, offensive or contrary to any law or ordinance; nor use any advertising medium that which may constitute a nuisance, such as loudspeakers, sound amplifiers, phonographs or radio or television broadcasts in a manner to be heard outside the Premises; nor do any act tending to injure the reputation of the Building; nor park trucks property.
F. To be responsible for all maintenance and repairs within the interior of the Leased Premises. Landlord shall be responsible for structural repairs and any equipment that is the Landlord's obligation to maintain pursuant to S▇▇▇▇▇▇ # ▇▇. Tenant's responsibility shall include without limitation, electrical, plumbing, windows, doors, and any interior improvements serving the Leased Premises exclusively. At the end of Tenant's occupancy, Tenant shall surrender the Leased Premises in the same condition as at the commencement of Tenant’s occupancy, reasonable wear and tear only excepted.
G. Not to overload or delivery vehicles outside deface the Premises so as Leased Premises.
H. To save harmless and to interfere unreasonably with the useindemnify Landlord from and against any and all liability, of any drivewayscosts and expenses for damages, walkslosses, injuries, or parking areasdeath to persons or losses to property as a result of Tenant's occupation of the Leased Premises excepting only those arising from any omission, negligence or willful misconduct of Landlord or its employees, vendors, other Tenant’s or Agents, such indemnification to include Landlord's reasonable attorney's fees and costs. Tenant agrees to maintain commercial general liability insurance on the Leased Premises protecting both Landlord and the Tenant, and shall furnish the Landlord a certificate showing such to Landlord on an annual basis a certificate showing such insurance to be in force. The amount of such public liability insurance shall be a minimum of $1,000,000.00 dollars per occurrence and $2,000,000.00 in the aggregate. In addition, Landlord recommends this policy have a plate glass and door endorsement, for the Tenant is responsible for repairing and replacing any broken glass, doors and frames within or providing access to the Leased Premises which for any reason may occur other than by Landlord's fault.
(i) Not permit or suffer to be done any act, matter, thing or failure to act in respect of the Premises or use or occupy the Premises or conduct or operate I. To understand and agree Tenant's business furnishings, fixtures, equipment, effects, and property of every kind, in any manner objectionable to any insurance company or companies whereby the fire insurance or any other insurance then in effect in respect of the Premises or the Building shall be at the sole risk and hazard of Tenant. If all or any part thereof shall become void be destroyed or suspended damaged by fire, water, or whereby any premiums other casualty, or by leakage or bursting of water pipes, or any other pipes, by theft or from other cause, no part of such loss is to be charged to or be borne by Landlord unless such damage was caused by the negligence or willful misconduct of Landlord.
J. Not assign this lease, nor sublet in respect whole or any portion of insurance maintained the Leased Premises, nor permit the use of all or any part of the Leased Premises by persons other than the Tenant, its servants and agents, without the written consent of the Landlord. Any such assignment, sublease or permission to occupy without such consent shall be a material breach of this Lease by Tenant, and at the option of the Landlord, entitle Landlord to terminate this Lease. Landlord's permission to assign, sublease or permit occupancy of the Leased Premises by others shall not be unreasonably withheld or delayed. Any assignment to any parent, subsidiary or affiliate of Tenant shall not be deemed as assignment hereunder for purposes of requiring Landlord’s approval. Affiliate shall mean any business entity controlling, controlled by or under common control with Tenant, and any entity or person which may come to own a controlling portion (fifty one percent 51%) or more of Tenant’s assets or the ownership interest in Tenant. Notwithstanding the above, neither Tenant nor any assignee, whether or not an Affiliate shall be relieved of Tenant’s obligations hereunder, as a result of any such assignment, sublease or permission to occupy the Leased Premises. If either Tenant or Landlord engages a real estate broker to procure a substitute Tenant or Subtenant in accordance with the terms hereof to lease any or all of the 22,767 sq ft of commercial space Tenant is leasing, Tenant shall be responsible for the real estate commission payable to such real estate broker on account of such substitute Tenant's or Subtenant's occupancy of the Leased Premises (or any portion thereof) for the period commencing as of the effective date of such assignment or sublease through the last day of the term of this Lease Term. Thereafter, Landlord shall be higher than those which would normally have been in effect reasonably responsible for the occupancy contemplated within remaining portion of said standard and reasonable real estate commission.
K. Not to make any alterations, installations, (other than trade fixtures) or additions to the Building. In case Leased Premises, nor permit the painting, or placing of a breach signs, awnings, flagpoles, or various types of this covenantadvertisement media or the like in, or about the Leased Premises, without on each occasion obtaining the prior written permission of Landlord, which shall not be unreasonably withheld or delayed.
L. To pay promptly when due, excluding the $12,000.00 credit provided by Landlord, the entire cost of any alterations or improvements, including the lobby area sight window, painting of lobby area walls and common area directory signage, in addition to all other rights and remedies of Landlord hereunder, Tenant shall (a) indemnify Landlord and the lessor(s) of any ground or underlying lease(s) and hold Landlord and such lessor(s) of any ground or underlying lease(s) harmless from and against any loss which would have been covered by insurance which shall have become void or suspended because of such breach Leased Premises undertaken by Tenant and to bond against or discharge any liens for labor or materials in connection therewith within thirty (b30) pay days after a request by Landlord; to procure all necessary permits before undertaking such work; and to do all such work in a good and workmanlike manner, employing materials equal in quality to those used in Landlord's work and to comply with all governmental requirements in connection with such improvements.
M. To discharge (by payment or by filing of the necessary bond or otherwise) any mechanics, materialman's or other liens against the Leased Premises or the Landlord’s interest therein, which liens may arise out of any payments due, or purported to be due, for any labor, services, materials, supplies, or equipment alleged to have been furnished to or at the request of Tenant in, upon, or about the leased premises.
N. Upon Landlord providing Tenant reasonable oral notice (not less than 24 hours in advance),to permit Landlord during business hours to enter to view the Leased Premises or to show the same to prospective purchasers, lenders, Tenants, agents of Landlord, or repair personal. If an emergency arises, in Landlord's reasonable determination, Landlord shall have the right of access at any time to rectify such emergency.
O. To remove at the termination of this Lease or occupation of the Leased Premises, all Tenant’s goods and effects from the Leased Premises which are not the property of the Landlord, and to yield up to Landlord the Leased Premises with all keys and locks. The Leased Premises shall be in the same condition as Additional Rentat the commencement of this Lease or as altered/built out during the course of the Lease, reasonable wear and tear only excepted. Landlord shall have the right to treat any remaining property as abandoned and to dispose of such property at Tenant's expense in any manner the Landlord deems fit.
P. To permit Landlord without molestation to install reasonable "for lease" sign(s) within Tenant's windows NINE (9) months prior to the end of the Lease Term. Landlord covenant's to remove said sign(s) upon Landlord’s leasing of the Leased Premises.
Q. To pay when due all increases or premiums electricity separately metered to Leased Premises, telephone, and other charges payable on any insurance, including, without limitation, fire insurance and rent insurance, resulting from any such breachaccount of Tenant’s use of utilities in the Leased Premises.
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Tenants Additional Covenants. Tenant covenants and agrees at Tenant's sole cost and at all times during the course of the Lease Term and any such further times as future terms of occupancy by Tenant occupies of the Leased Premises or any part thereof:
(a) A. To perform promptly all of the obligations of the Tenant set forth in this Lease; and to pay when due items of Base Rent, conduct Tenant's Proportionate Share of Operating and Tax Expenses, Additional Rent and all charges, rates and other sums which by the terms of this Lease are to be paid by the Tenant.
(b) To conduct its business at all times in a high grade professional and reputable manner so as to help establish and maintain a high reputation for the Buildingmanner.
(c) B. To comply with all governmental rules and regulations related to the storage and disposal of refuse; to store all trash and refuse within the Leased Premises and to attend to or within the daily disposal thereof dumpster located in the manner designated by Landlord; rear parking lot area of the Property. After each use of the dumpster, Tenant shall make sure the wooden gate accessing this dumpster is closed and secured. Tenant further agrees to keep all drains place Tenant's trash and refuse only inside the Premises clean; to receive dumpster and deliver goods and merchandise only in not on the manner and areas designated by Landlord.
(d) To comply with "Building Rules and Regulations" ("Rules") which are attached hereto as EXHIBIT F and incorporated herein by referenceground around such dumpster. --------- Landlord may from time to time hereafter make Rules or reasonable modifications to the Rules and establish reasonable additional Rules for the safety, comfort and welfare of the occupants of the Building as Landlord deems necessary. Such Rules, modifications or additions shall be binding upon Tenant when a copy is delivered to Tenant or Tenant's agents or employees in the Premises. Landlord shall have no duty or obligation to enforce any Rules, or any term, covenant or condition of any other lease, against any other tenant or occupant of the Building, and Landlord's failure or refusal to enforce any Rule or any term, covenant or condition of any other lease against any other tenant or occupant of the Building shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise.
(e) To make all repairs, alterations, additions or replacements to the Premises required by any law or ordinance or any order or regulation of any public authority because of Tenant's use of the Premises; to keep the Premises equipped with all safety appliances so required because of such use; to procure any licenses and permits required this dumpster is for any such use; and to comply with the orders and regulations of all governmental authoritiesreasonable use only (normal daily business operations, except that Tenant may defer compliance so long as the validity which term shall specifically exclude disposal of any office furniture or bulk items). If Tenant's use becomes unreasonable as reasonably determined by Landlord, then Tenant shall reimburse Landlord for such law, ordinance, order or regulation excess use.
C. Not to use the Leased Premises in a manner which shall be contested by Tenant in good faith and by appropriate legal proceedingsunlawful, if Tenant first gives Landlord appropriate assurance against any lossimproper, cost noisy, odorous or expense on account thereof and if such deferral shall not adversely affect offensive to the operation of any other areas tenants within the Building.
(f) Not Building and not to place signs of use the Leased Premises in any nature way that shall be contrary to any law or kind whatsoever in or upon the windows any municipal by-law of the PremisesCity of Malden. Tenant signage, at Tenant's sole expense, will be installed by means of a Building Standard nameplate located at the entrance agrees that Landlord has made no representation or warranties with respect to Tenant's Premises. Any other signs shall be subject to Landlord's approval which may be unreasonably withheld. Tenant shall not intended use any picture or drawing of the Building in any advertisement or promotional material without Landlord's prior written consent. Landlord reserves the right to promulgate standards for all window coverings for the Premises and the BuildingLeased Premises.
(g) D. To comply promptly with all applicable laws, rules, regulations, ordinances, requirements, or orders of public authorities, the Board of Fire Underwriters, and similar organizations except when Landlord is responsible for compliance therewith under the terms and conditions of this Lease.
E. Not to make any use of the Premises other than the permitted use set forth in Section 2.B.
(h) Not to injure, overload, deface or otherwise harm the Premises; nor commit any nuisance; nor permit the emission of any objectionable noise or odor; nor burn any trash or refuse within the Building; nor make any use of the Leased Premises which is impropershall invalidate or increase the cost of Landlord's insurance, offensive or contrary to any law or ordinance; nor use any advertising medium that which may constitute a nuisance, such as loudspeakers, sound amplifiers, phonographs or radio or television broadcasts in a manner to be heard outside the Premises; nor do any act tending to injure the reputation of the Building; nor park trucks Property.
F. To be responsible for all maintenance and repairs within the interior of the Leased Premises. Landlord shall be responsible for structural repairs and any equipment that is Landlord's obligation to maintain pursuant to ▇▇▇▇▇▇▇ # ▇▇. Tenant's responsibility shall include, without limitation, electrical, plumbing, windows, doors, and any interior improvements serving the Leased Premises exclusively. At the end of Tenant's occupancy, Tenant shall surrender the Leased Premises in the same condition as at the commencement of Tenant's occupancy, reasonable wear and tear only excepted.
G. Not to overload or delivery vehicles outside deface the Premises so as Leased Premises.
H. To save harmless and to interfere unreasonably with the useindemnify Landlord from and against any and all liability, of any drivewayscosts and expenses for damages, walkslosses, injuries, or parking areasdeath to persons or losses to property as a result of Tenant's occupation of the Leased Premises excepting only those arising from any omission, negligence or willful misconduct of Landlord or its agents, such indemnification to include Landlord's reasonable attorney's fees and costs. Tenant agrees to maintain public liability insurance on the Leased Premises protecting both Landlord and Tenant, and shall furnish to Landlord on an annual basis a certificate showing such insurance to be in force. The amount of such public liability insurance shall be a minimum of $1,000,000.00 dollars per occurrence and $2,000,000.00 in the aggregate. Tenant's insurer must be licensed to do business in the Commonwealth of Massachusetts. In addition, Landlord recommends this policy have a plate glass and door endorsement, for Tenant is responsible for repairing and replacing any broken glass, and doors and frames within or providing access to the Leased Premises which for any reason may occur other than by Landlord's fault.
(i) Not permit or suffer to be done any act, matter, thing or failure to act in respect of the Premises or use or occupy the Premises or conduct or operate I. To understand and agree Tenant's business furnishings, fixtures, equipment, effects, and property of every kind, in any manner objectionable to any insurance company or companies whereby the fire insurance or any other insurance then in effect in respect of the Premises or the Building shall be at the sole risk and hazard of Tenant. If all or any part thereof shall become void be destroyed or suspended damaged by fire, water, or whereby any premiums in respect other casualty, or by leakage or bursting of insurance maintained water, or any other pipes, by theft or from other cause, no part of such loss is to be charged to or be borne by Landlord unless such damage was caused by the negligence or willful misconduct of Landlord.
J. Not to assign this Lease, nor sublet in whole or any portion of the Leased Premises, nor permit the use of all or any part of the Leased Premises by persons other than Tenant, its servants and agents, without the written consent of Landlord. Any such assignment, sublease or permission to occupy by Tenant without such consent shall be higher than those which would normally have been in effect for the occupancy contemplated within the Building. In case of a material breach of this covenantLease by Tenant, in addition to all other rights and remedies at the option of Landlord hereunder, Tenant shall (a) indemnify Landlord and the lessor(s) of any ground or underlying lease(s) and hold Landlord and such lessor(s) of any ground or underlying lease(s) harmless from and against any loss which would have been covered by insurance which shall have become void or suspended because of such breach by Tenant and (b) pay to Landlord, as Additional Rententitle Landlord to terminate this Lease. Landlord's permission to assign, any and all increases sublease or premiums on any insurance, including, without limitation, fire insurance and rent insurance, resulting from any such breachpermit occupancy of the Leased Premises by others shall not be unreasonably withheld or delayed.
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Sources: Lease Agreement (Cross Country Inc)