Use and Compliance With Laws. Section 9.1 The Premises shall be used only for the Permitted Use, as restricted by the Restricted Uses, and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Section 9.2 Tenant shall, at Tenant's sole expense: (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; (c) comply with all customary insurance requirements applicable to the Premises; (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or claim or expenses which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Tenant shall have no liability for any failure of the Building, as built by Landlord as of the date of this Lease, to comply with the ADA, as presently interpreted and enforced. Section 9.3 Tenant shall not use the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Landlord, its agents or employees as a result of Tenant's violation. Landlord shall not use the Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correct.
Appears in 1 contract
Sources: Lease Agreement (Viryanet LTD)
Use and Compliance With Laws. Section 9.1 SECTION 12.1 The Premises shall be used only for executive and administrative offices for the Permitted Use, as restricted by conduct of Tenant's business limited to the Restricted Uses, uses specifically set forth in Section 1.1 and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Any statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in Section 1.1 hereof shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate or occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices.
Section 9.2 SECTION 12.2 Tenant shall, at Tenant's sole expense: , (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; Americans With Disabilities Act, (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant's occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; , (c) comply with all customary insurance requirements applicable to the Premises; Premises and (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or cost, claim or expenses expense which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), ) or (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, regulation or any insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Tenant shall have no liability for any failure of the Building, as built by Landlord as of the date of this Lease, to comply with the ADA, as presently interpreted and enforced.
Section 9.3 SECTION 12.3 Tenant shall not use or permit the use of the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materialshazardous substances or hazardous waste (as those terms are defined under CERCLA or RCRA or any other applicable federal, other than those which might be incidental to and commonly used state or local environmental protection laws), except in general executive administrative offices and which are stored or used in accordance strict compliance with all applicable environmental protection laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property property, penalties, expenses, claims, losses or liabilities or injury to or death of any person, arising person as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Landlord, its agents or employees as a result of Tenant's violation. Landlord shall not use the Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correct.
Appears in 1 contract
Sources: Lease Agreement (Carecentric Inc)
Use and Compliance With Laws. Section 9.1 12.1 The Premises shall be used only for executive and administrative offices for the Permitted Use, as restricted by conduct of Tenant’s business limited to the Restricted Uses, uses specifically set forth in Section 1.1 and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant's ’s employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Any statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in Section 1.1 hereof shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate or occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices.
Section 9.2 12.2 Tenant shall, at Tenant's ’s sole expense: , (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; Americans With Disabilities Act, (b) comply with any directive, order order, or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant’s occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's ’s obligations hereunder or by or through other fault unit of Tenant; , (c) comply with all customary insurance requirements applicable to the Premises; Premises and (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or cost, claim or expenses expense which Landlord incurs or suffers by reason of Tenant's ’s failure to comply with its obligations under clauses (a), (b), ) or (c) or (d), above. If Tenant receives notice of any such directive, order order, citation or of any violation of any law, order, ordinance, regulation, regulation or any insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Tenant shall have no liability for any failure of the Building, as built by Landlord as of the date of this Lease, to comply with the ADA, as presently interpreted and enforced.
Section 9.3 12.3 Tenant shall not use or permit the use of the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materialshazardous substances or hazardous waste (as those terms are defined under CERCLA, or RCRA or any other than those which might be incidental to and commonly used in general executive administrative offices and which are stored applicable federal, state or used in accordance with all applicable local environmental protection laws, rules and regulations). Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property property, penalties, expenses, claims, losses or liabilities or injury to or death of any person, arising person as a result of Tenant's ’s violation of the foregoing provision. Tenant's ’s indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' ’ fees) reasonably incurred by Landlord, its agents or employees as a result of Tenant's ’s violation. Landlord shall not use the Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correct.
Appears in 1 contract
Use and Compliance With Laws. Section 9.1 12.1 The Premises shall be used only for executive and administrative offices for the Permitted Use, as restricted by the Restricted Uses, uses specifically set forth in Section 1.1Q and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Any statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in Section 1.1Q hereof shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate or occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices.
Section 9.2 12.2 Tenant shall, at Tenant's sole expense: , (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law Law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant's occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; , (c) comply with all customary insurance requirements applicable to the Premises; Premises and (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or cost, claim or expenses expense which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), ) or (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, regulation or any insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder Nothing contained herein shall be made interpreted to require Tenant to perform structural or capital improvement work unless required due to Tenant's specific use of the Premises as opposed to office use in accordance with Article 8 general. Landlord shall be responsible for compliance pursuant to subparagraphs (a), (b) and (c) above to the extent such compliance relates to the Building or the Project (exclusive of this Leasethe Premises), which compliance costs shall be part of Operating Costs, subject to the terms of Section 5.2A above. If Tenant receives notice of any such directive, order, citation or of any violation of any law, order, ordinance, regulation or any insurance requirement, Tenant shall have no liability for any failure promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice.
12.3 After completion of the BuildingLeasehold Improvements in the Premises, Tenant shall be responsible for causing, at Tenant's sole cost and expense, the Premises to comply with the Americans With Disabilities Act of 1990, as built by subsequently amended (then ADAM), and all similar federal, state and local laws, rules and regul▇▇▇▇ns and subsequent amendments thereof. Landlord as shall also be responsible for causing the initial Leasehold Improvements to comply with the requirements of the date of this LeaseADA then in effect. Landlord shall be responsible for causing, as and when deemed appropriate by Landlord, the Common Areas to comply with the ADA, as presently interpreted and enforced.
Section 9.3 Tenant the costs for which shall not use constitute a component of Operating Costs, except to the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which extent such costs are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising incurred as a result of Tenant's violation specific use of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by LandlordPremises, its agents or employees as a result of Tenant's violation. Landlord shall not use any alterations to the Project Premises made by or any portion thereof for the storage, treatment, use, production or disposal on behalf of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result in which case such costs will be the sole responsibility of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correctTenant.
Appears in 1 contract
Sources: Assignment and Assumption Agreement (BofI Holding, Inc.)
Use and Compliance With Laws. Section 9.1 12.01. The Premises shall be used only for executive and administrative offices for the Permitted Use, as restricted by conduct of Tenant’s business limited to the Restricted Uses, uses specifically set forth in Section 1.01Q and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant's ’s employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Landlord represents that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices.
Section 9.2 12.02. Tenant shall, at Tenant's ’s sole expense: , (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant’s occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's ’s obligations hereunder or by or through other fault of Tenant; , (c) comply with all customary insurance requirements applicable to the Premises; Premises and (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or cost, claim or expenses expense which Landlord incurs or suffers by reason of Tenant's ’s failure to comply with its obligations under clauses (a), (b), ) or (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, regulation or any insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice.
12.03. Any alterations required to be made hereunder Landlord, rather than Tenant, shall be made responsible for the performance of any remedial measures required under applicable environmental laws in accordance with Article 8 effect on the Commencement Date, which are reasonably necessary to clean up and ▇▇▇▇▇ or otherwise respond to any hazardous materials found in the Premises, except to the extent such hazardous materials were the result of this Leaseany act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. Tenant shall have no liability for any failure To the best of Landlord’s knowledge, the Building, as built by Landlord as of the date hereof, does not contain any hazardous materials in violation of this Lease, to comply existing applicable laws or toxic mold and currently complies with the ADA, as presently interpreted and enforcedASHRAE standards for fresh air.
Section 9.3 Tenant shall not use the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Landlord, its agents or employees as a result of Tenant's violation12.04. Landlord shall not use maintain the Project or any portion thereof for Common Areas in compliance with current fire/life/safety requirements of the storagelaws of the State of Texas and the requirements of Title III of the Americans with Disabilities Act of 1990, treatmentthe cost of which, usesubject to Section 5.02(h) hereof, production or disposal may be included as a component of any Hazardous MaterialsOperating Costs.
12.05. Landlord shall, other than those at its sole expense (which might may be incidental included as a component of Operating Costs, subject to and commonly used in general executive administrative offices and which are stored or used in accordance the provisions of Section 5.02 hereof), (a) comply with all applicable laws, rules orders, ordinances, and regulations. regulations of federal, state, county, and municipal authorities having jurisdiction over the Common Areas, (b) comply with any directive, order or citation made pursuant to law by any public officer which imposes upon Landlord does hereby (as opposed to any tenant) any duty or obligation with respect to the Common Areas, and (c) indemnify and hold Tenant harmless from and against any and all claims and damagesloss, includingcost, without limitation, any damage to any property claim or injury to expense which Tenant incurs or death of any person, arising as a result suffers by reason of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation ’s failure to reimburse Tenant for any and all costs and expenses comply with its obligations under clauses (including reasonable attorneys' feesa) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01b) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correctabove.
Appears in 1 contract
Sources: Lease Agreement (Sigmatel Inc)
Use and Compliance With Laws. Section 9.1 12.1 The Premises shall be used only for the Permitted Use, as restricted by the Restricted Uses, uses specifically set forth in Section 1.10 and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Any statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in Section 1.10 hereof shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law.
Section 9.2 12.2 Tenant shall, at Tenant's sole expense: , (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant's occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; , (c) comply with all customary insurance requirements applicable to the Premises; Premises and (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or cost, claim or expenses expense which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), ) or (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, regulation or any insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice.
Section 12.3 As used herein, the term "Hazardous Substance" shall mean any substance, material, waste, gas or particulate matter which is regulated by any local governmental authority, the State of Illinois, or the United States Government, including, but not limited to (i) any material or substance which is defined or designated as a "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," or "restricted hazardous waste" under any provision of Illinois or federal law; (ii) oil or petroleum; (iii) asbestos and asbestos-containing materials; (iv) polychlorinated biphenyls; and (v) radioactive material. Any alterations required to be made hereunder shall be made Except for Hazardous Substances which are used, stored and disposed of in accordance with Article 8 of the manufacturer's instructions and all applicable laws, codes, regulations, orders and ordinances, Tenant shall not, nor shall Tenant permit any third party, to use, store, generate, treat, release or dispose at, on or under the Premises, Building or Land, any Hazardous Substance, and any such action shall constitute a default under this Lease. Tenant shall have no liability for indemnify, defend and hold Landlord, any failure managing agents and leasing agents of the Building, as built and their respective agents, partners, officers, directors and employees, harmless from all damages, costs, losses, expenses (including, but not limited to, attorneys' fees, consulting fees and engineers' fees) arising from or attributable to any breach by Landlord as Tenant of the date covenants contained in this Section 12.3. Tenant's indemnification obligations hereunder shall survive the termination or expiration of this Lease, to comply with the ADA, as presently interpreted and enforced.
Section 9.3 Tenant shall not use the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Landlord, its agents or employees as a result of Tenant's violation. Landlord shall not use the Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correct.
Appears in 1 contract
Sources: Assignment of Lease (Advanced Life Sciences Holdings, Inc.)
Use and Compliance With Laws. Section 9.1 (a) The Premises shall Real Estate will be used only in conducting Mortgagor's ethanol and ethanol bi-products producing business; will not be used for the Permitted Usesale, consumption, production, storage or disposal of hazardous or toxic waste, materials or substances (except as restricted provided for by the Restricted UsesLoan Documents); and cannot, is not and for no other purposes whatsoever. Tenant will not be claimed as a homestead by any person, such right being expressly waived.
(b) Mortgagor shall be responsible for determining whether such use is in lawful and shall use keep and maintain the Premises Real Estate and the waters free of any waste on, under or discharged from the Property in a cleancompliance with, careful, safe, lawful and proper manner and shall not allow within cause or permit the PremisesReal Estate to be in violation of, any offensive noisefederal, odorstate or local laws, conduct ordinances, regulations or private orders now or public nuisance hereafter in effect, including those relating to environmental conditions, air, water and land pollution, storage or permit Tenant's employeesdisposition of hazardous materials or toxic substances, agentszoning, licensees and land use planning. Mortgagor shall adopt, implement, keep in force and follow all appropriate monitoring, testing and management plans and procedures for handling, using, storing, transporting and disposing of all hazardous or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Projecttoxic substances, including asbestos-containing materials.
Section 9.2 Tenant (c) Mortgagor shall: obtain, at Tenant's sole expense: maintain and not surrender, to the extent available under or required by applicable law, all permits, opinions, approvals, licenses, certificates and statements relating to the use, status or condition of the Collateral; and not suffer, approve or consent to any rezoning classification, modification or restriction applicable to the Real Estate, without the prior written consent of Mortgage.
(ad) Mortgagor shall comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or Accessibility Regulations which imposes upon Landlord or Tenant any duty or obligation arising from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; (c) comply with all customary insurance requirements are applicable to the Premises; Property. In the event that (di) comply Lender reasonably believes that a material violation of an Accessibility Regulation may have occurred in connection with the provisions of any covenants, conditions or restrictions applicable to the Land or the BuildingProperty; and (e) indemnify and hold Landlord harmless from any loss, cost or claim or expenses which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), (c) or (d), above. If Tenant ii) Lender receives notice of any such directive, order citation from Mortgagor or of any violation of any law, order, ordinance, regulation, insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord otherwise has knowledge that an event described in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Tenant shall have no liability for any failure of the Building, as built by Landlord as of the date of this Lease, to comply with the ADA, as presently interpreted and enforced.
Section 9.3 Tenant shall not use the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Landlord, its agents or employees as a result of Tenant's violation. Landlord shall not use the Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-012.1(d) and that certain Phase II Environmental Assessment dated July 7pertaining to Accessibility Regulations has occurred; then, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports event, Mortgagor shall at its cost obtain and deliver to Lender an Accessibility Regulation compliance report relating to the Property or summaries are correctshall have any previously delivered materials updated and/or amplified, by a qualified consultant selected by Mortgagor and acceptable to Lender; if Mortgagor fails to do so within forty-five (45) days after such request is made, Lender shall have the right to do so, in which event Mortgagor shall reimburse Lender for the cost incurred by Lender in doing so within ten (10) days following demand therefor by Lender.
Appears in 1 contract
Use and Compliance With Laws. Section 9.1 The Premises shall be used only for the Permitted Use, as restricted by the Restricted Uses, and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project.
Section 9.2 Tenant shall, at Tenant's sole expense: (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or .or obligation arising from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; (ce) comply with all customary insurance requirements applicable to the Premises; (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or claim or expenses which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Tenant shall have no liability for any failure of the Building, as built by Landlord as of the date of this Lease, to comply with the ADA, as presently interpreted and enforced.
Section 9.3 Tenant shall not use or permit the use of the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in iii general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Landlord, its agents or employees as a result of Tenant's violation. Landlord shall not use the Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correct.
Appears in 1 contract
Sources: Lease Agreement (GBC Bancorp Inc)
Use and Compliance With Laws. Section 9.1 12.1 The Premises shall be used only for the Permitted Use, as restricted by the Restricted Uses, uses specifically set forth in Section 1.1Q and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant's ’s employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Any statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in Section 1.1Q hereof shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices.
Section 9.2 12.2 Tenant shall, at Tenant's ’s sole expense: , (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant’s occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's ’s obligations hereunder or by or through other fault of Tenant; , (c) comply with all reasonable and customary insurance requirements applicable to the Premises; Premises and (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or cost, claim or expenses expense which Landlord incurs or suffers by reason of Tenant's ’s failure to comply with its obligations under clauses (a), (b), ) or (c) above. Except for Tenant’s repair obligations in Article 9 hereof, nothing contained herein shall be interpreted to require Tenant to perform structural or capital work unless required due to Tenant’s specific use of the Premises as opposed to office use in general. Landlord shall be responsible for compliance pursuant to paragraphs (da) and (c) above to the extent such compliance relates to the Building or the Project (exclusive of the Premises), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, regulation or any insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder 12.3 After completion of the Leasehold Improvements in the Premises, Tenant shall be made in accordance responsible for causing, at Tenant’s sole cost and expense, the Premises to comply with Article 8 the Americans With Disabilities Act of this Lease. Tenant shall have no liability for any failure of the Building1990, as built subsequently amended (the “ADA”), and all similar federal, state and local laws, rules and regulations and subsequent amendments thereof. Notwithstanding anything above to the contrary, Landlord shall be responsible for causing the Building and the initial Leasehold Improvements constructed by Landlord as of to comply, subject to the date terms of this Lease, to comply with the ADA, as presently interpreted and enforced.
Section 9.3 Tenant shall not use the Premises or any portion all other requirements of the Project for ADA in effect on the storage, treatment, use, production or disposal of any Hazardous Materials, Commencement Date and other than those which might be incidental to and commonly used applicable laws then in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, effect including, without limitation, any damage such laws, regulations, ordinances and amendments thereto pertaining to any property the presence of Hazardous Materials and seismic requirements. Further, Operating Costs shall not include the cost (if any) incurred by Landlord in connection with upgrading the Building or injury the Premises to comply with the requirements of the ADA and other applicable laws that are in effect as of the Commencement Date of this Lease, including penalties or death of any persondamages incurred due to such noncompliance; provided, arising however that to the extent such costs are incurred as a result of Tenant's violation ’s specific use of the foregoing provision. Tenant's indemnity shall include the obligation Premises (as opposed to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Landlordbeing generally applicable to office buildings), its agents or employees as a result of any alterations to the Premises made by or on behalf of Tenant (excluding the Leasehold Improvements), then, in such case, such costs will be the sole responsibility of Tenant's violation. Notwithstanding the foregoing, in the event that Tenant is obligated hereunder to comply with the ADA or any other applicable laws affecting the Premises, or Landlord is obligated to comply with the same at Tenant’s expense, then Tenant shall have the right, upon prior written notice to Landlord and at Tenant’s sole cost and expense, to seek an exemption to such obligation as may be available from the governmental authority with jurisdiction over such matters; provided, however, that unless Tenant’s obligation to comply with the ADA or any other applicable law occurs during the last three (3) years of the Lease Term (as extended by any Extension Option exercised by Tenant), Tenant’s right to seek any such exemption shall be subject to Landlord’s determination, in Landlord’s reasonable, good faith opinion, that any such exemption will not subject Landlord to any present or future liability or costs. Landlord shall not use commercially reasonable efforts to remedy any problems which may arise with systems and equipment serving the Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising Building as a result of Landlord's violation the transition from calendar year 1999 to calendar year 2000 and the expense of the foregoing provisionsuch efforts shall be excluded from Operating Costs. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Upon written request from Tenant, its agents or employees as a result Landlord shall provide Tenant with documentation reasonably evidencing Landlord’s compliance with the requirements of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correctthis Section 12.3.
Appears in 1 contract
Sources: Sublease (Celladon Corp)
Use and Compliance With Laws. Section 9.1 a. The Premises shall be used only for the Permitted Use, as restricted by the Restricted Uses, purposes set forth in Article 2 above and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct business or private or public nuisance or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Projectpurpose.
Section 9.2 Tenant shall, at Tenant's sole expense: (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; (c) comply with all customary insurance requirements applicable to the Premises; (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or claim or expenses which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Tenant shall have no liability for any failure of the Building, as built by Landlord as of the date of this Lease, to comply with the ADA, as presently interpreted and enforced.
Section 9.3 b. Tenant shall not use the Premises or permit anything to be done in or about the Premises which will in any portion way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated (collectively, "Legal Requirements"). Tenant shall, at its sole cost and expense, promptly comply with all Legal Requirements, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting the condition, use or occupancy of the Project for the storagePremises, treatment, use, production excluding structural changes not related to or disposal affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any Legal Requirement, shall be conclusive of that fact as between Landlord and Tenant.
c. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or any of its contents, or cause cancellation of any insurance policy covering the Building or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises.
d. No material or substance that is regulated as a hazardous or toxic waste, substance, pollutant or contaminant under any Legal Requirement (collectively, "Hazardous Materials") shall be used, other than handled, released or disposed of by Tenant or its employees, agents or representatives (collectively, "Representatives") or customers, visitors or invitees (collectively, "Visitors") at or about the Premises or Building without Landlord's prior consent, which consent may be granted, denied, or conditioned upon compliance with Landlord's requirements, all in Landlord's absolute discretion. Notwithstanding the foregoing, normal quantities and use of those which might be incidental to and commonly Hazardous Materials customarily used in the conduct of general executive administrative offices office activities, such as copier fluids and which are cleaning supplies, may be used and stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, at the Premises without limitation, any damage to any property or injury to or death of any person, arising as a result of TenantLandlord's violation of the foregoing provisionprior consent. Tenant's indemnity activities at or about the Premises and Building with respect to Hazardous Materials shall include comply at all times with all Legal Requirements. At the expiration or termination of the Lease, Tenant shall promptly remove from the Premises and Building all Hazardous Materials introduced by Tenant or its Representatives or Visitors at the Premises or the Building.
e. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises or any part thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Building, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to reimburse cause the same to be released by such means as it shall deem proper, and any sums expended Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred in connection therewith shall be payable by Landlord, its agents or employees as a result of Tenant's violation. Landlord shall not use the Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correctdemand.
Appears in 1 contract
Sources: Lease (Mercata Inc)
Use and Compliance With Laws. Section 9.1 The Premises shall be used only and occupied for the Permitted Usemanufacturing, as restricted by the Restricted Useslaboratory, warehousing and for no other purposes whatsoeveroffice purposes. Tenant shall be responsible for determining whether such comply with all present and future rules, regulations, laws, permits, and licenses relating to Tenant’s use is in lawful and shall use and maintain or occupancy of the Premises and Tenant’s activities conducted in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, as may be promulgated by any offensive noise, odor, conduct or private or public nuisance or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project.
Section 9.2 Tenant shall, at Tenant's sole expense: (a) comply with all laws, orders, ordinances, and regulations of federallocal, state, countyregional, and municipal authorities having jurisdiction over the Premises, includingor federal authority (including any agency thereof such as, without limitation, the ADA FDA, DEA, or EPA) which can establish jurisdiction over Tenant, the Premises, or Tenant’s activities therein (“Laws”). Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of other occupants in the Building. Tenant shall not, without the prior consent of Landlord, (i) bring onto the Property or into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or the Building or any of the heating, ventilating and air-conditioning, mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the making Building (“Building Systems”), or jeopardize the structural integrity of the Building or any alterations part thereof; (ii) connect to the Premises required therebyutility systems of the Building any apparatus, machinery or other equipment other than typical office, manufacturing or laboratory equipment; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; (c) comply with all customary insurance requirements applicable to the Premises; (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or claim or expenses which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), (c) or (d), aboveiii) connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of the rated capacity of the circuit. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, insurance requirement, or any covenant, condition or restrictionNotwithstanding the foregoing, Tenant shall promptly notify Landlord in writing have the right to use and occupy the Premises for the conduct of an admixture compounding business substantially as such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Tenant shall have no liability for any failure of the Building, as built business was conducted by Landlord as of the date of this Lease, to comply with the ADA, as presently interpreted and enforced.
Section 9.3 Tenant shall not use at the Premises or any portion of during the Project for twelve (12) month period immediately preceding the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Tenant's violation of Commencement Date (the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Landlord, its agents or employees as a result of Tenant's violation. Landlord shall not use the Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05“Business”), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correct.
Appears in 1 contract
Sources: Lease Agreement (PharMEDium Healthcare Holdings, Inc.)
Use and Compliance With Laws. Section 9.1 (a) The Premises shall be used only for the Permitted Use, as restricted by the Restricted Uses, purposes set forth in Section 2 above and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct business or private or public nuisance or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Projectpurpose.
Section 9.2 Tenant shall, at Tenant's sole expense: (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; (c) comply with all customary insurance requirements applicable to the Premises; (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or claim or expenses which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Tenant shall have no liability for any failure of the Building, as built by Landlord as of the date of this Lease, to comply with the ADA, as presently interpreted and enforced.
Section 9.3 Tenant shall not use the Premises or permit anything to be done in or about the Premises that will in any portion way conflict with any law, statute, ordinance or governmental rule or regulation now in force or that may hereafter be enacted or promulgated (collectively, “Legal Requirements”). Tenant shall, at its sole cost and expense, promptly comply with all Legal Requirements, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting the condition, use or occupancy of the Project for Premises, excluding structural changes and other improvements to the storage, treatment, use, production Premises not related to or disposal affected by Tenant’s improvements or acts. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any Legal Requirement, shall be conclusive of that fact as between Landlord and Tenant.
(c) Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein that will in any way increase the existing rate of or affect any fire or other insurance upon the Property or any of its contents, or cause cancellation of any insurance policy covering the Property or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises that will in any way obstruct or interfere with the rights of ether tenants or occupants of the Property or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises.
(d) No material or substance that is regulated as a hazardous or toxic waste, substance, pollutant or contaminant under any Legal Requirement (collectively, “Hazardous Materials”) shall be used, stored, handled, released or disposed of by Tenant or its employees, agents, contractors or representatives (collectively, and applicable to either Tenant or Landlord, “Representatives”) or customers, guests, visitors or invitees (collectively, and applicable to either Tenant or Landlord, ‘Visitors”) at or about the Premises or Property without Landlord’s prior written consent, which consent may be granted, denied, or conditioned upon compliance with Landlord’s requirements, all in Landlord’s absolute discretion. Notwithstanding the foregoing, normal quantities and use of those Hazardous Materials customarily used in the conduct of general office activities, such as copier fluids and cleaning supplies, may be used and stored at the Premises without Landlord’s prior consent. Tenant’s activities at or about the Premises and Property with respect to Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance including the removal thereof, shall comply at all times with all Legal Requirements. At the expiration or termination of the Lease, as required by applicable environmental laws, rules Tenant shall promptly remove all Hazardous Materials introduced by Tenant or its Representatives or Visitors (“Tenant’s Hazardous PORTIONS DENOTED WITH [***] HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. Materials”) at the Premises or the Property, including all traces, residue and regulationscontaminated portions of the Premises or Property.
(e) Tenant shall not make or allow to be made any alterations, additions or Improvements (“Alterations”) to the Premises or any part thereof without Landlord’s prior written consent. Tenant does hereby indemnify shall keep the Premises and hold Landlord harmless the property on which the Premises are situated free from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death liens arising out of any personwork performed, arising as a result of materials furnished or obligations incurred by Tenant's violation of . If any such lien attaches to the foregoing provision. Tenant's indemnity Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall include have the right but not the obligation to reimburse cause the same to be released by such means as it shall deem proper, and any sums expended by Landlord for in connection therewith shall be payable by Tenant on demand. Notwithstanding anything to the contrary herein: (i) Tenant may construct Alterations in the Premises which do not adversely effect the structure or the building operating systems, without Landlord’s prior approval, if the cost of any such project does not exceed [***]; (ii) Alterations and Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all costs times be and expenses (including reasonable attorneys' feesremain Tenant’s property and may be removed from the Premises at any time by Tenant provided that Tenant repairs all damage caused by such removal and provided that Tenant is not in default of the Lease; iii) reasonably incurred by Landlord, its agents or employees as a result of Tenant's violation. Landlord shall not use have no right to require Tenant to remove any alterations unless it notifies Tenant at the Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might time it consents to such alteration that it shall require such alteration to be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correctremoved.
Appears in 1 contract
Sources: Office Lease (Liveworld Inc)
Use and Compliance With Laws. Section 9.1 The 12.1 Tenant may use the Premises shall be used only for executive, professional and administrative offices for the Permitted Use, as restricted by conduct of Tenant's business in accordance with the Restricted Usesprovisions of this Lease, and for no other purposes whatsoeverpurpose. Provided, further, that no medical, dental or other professional office of a health care provider may be operated in the Premises and no governmental or quasi governmental agency office may be operated in the Premises unless, in either case, this Lease expressly grants permission for such use or Landlord consents to same in writing. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Any statement as to the particular nature of the business to be conducted by Tenant in the Premises shall not constitute a representation or warranty by Landlord that such business or uses are lawful, except that Landlord represents that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices.
Section 9.2 12.2 Tenant shall, at Tenant's sole expense: , (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; Americans With Disabilities Act, (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant's occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; , (c) comply with all customary insurance requirements applicable to the Premises; Premises and (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or cost, claim or expenses expense which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), ) or (c) or (d), above. If Tenant receives notice of any such directive, order or citation or of any violation of any law, order, ordinance, regulation, regulation or any insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Tenant shall have no liability for any failure of the Building, as built by Landlord as of the date of this Lease, to comply with the ADA, as presently interpreted and enforced.
Section 9.3 12.3 Tenant shall not use or permit the use of the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materialshazardous substances or hazardous waste (as those terms are defined under CERCLA or RCRA or any other applicable federal, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored state or used in accordance with all applicable local environmental protection laws, rules and regulations). Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property property, penalties, expenses, claims, losses or liabilities or injury to or death of any person, arising person as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Landlord, its agents or employees as a result of Tenant's violation. Landlord shall not use the Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correct.
Appears in 1 contract
Sources: Lease Agreement (Teamstaff Inc)
Use and Compliance With Laws. Section 9.1 12.1 The Premises shall be used only for executive and administrative offices for the Permitted Use, conduct of Tenant's business and as restricted by the Restricted Uses, otherwise specifically set forth in Section 1.1Q and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, Premises any offensive noise, odor, conduct or private or public nuisance or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Any statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in Section 1.1Q hereof shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate or occupancy for the Premises or the Building or are otherwise permitted by law.
Section 9.2 12.2 Tenant shall, at Tenant's sole expense: , (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant's occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; , (c) comply with all customary insurance requirements applicable to the Premises; Premises and (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or cost, claim or expenses expense which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), ) or (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, regulation or any insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Tenant shall have no liability for any failure of the Building, as built by Landlord as of the date of this Lease, to comply with the ADA, as presently interpreted and enforced.
Section 9.3 Tenant shall not use the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental 12.3 Subject to and commonly used in general executive administrative offices and which are stored or used in accordance compliance with all applicable laws, rules Tenant shall have the right to use the Building stairwells between the floors comprising the Premises on a non-exclusive basis with other tenants and regulationstheir employees, invitees and visitors for interfloor traffic purposes on the part of its employees, invitees and visitors. Tenant does may, subject to compliance with all applicable laws and at its sole cost and expense, secure the entry from the Building stairwells onto the floors comprising the Premises. The plans and specifications for changes or securing of the stairwells shall be subject to the approval of Landlord and in no event shall such changes or securing impede or hinder the ability of other tenants in the Building, their employees, invitees and guests to use the Building stairwells.
Section 12.4 Landlord and Tenant acknowledge that the ADA establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things: (1) whether Tenant's business is deemed a "public accommodation" or "commercial facility", (2) whether such requirements are "readily achievable", and (3) whether a given alteration affects a "primary function area" or triggers "path of travel" requirements. The parties hereby indemnify and hold agree that: (a) Landlord harmless shall be responsible for ADA Title III compliance (i) in the Common Areas or (ii) in the Premises that results from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising is triggered as a result of Tenant's violation the construction by Tenant of the foregoing provision. Tenant's indemnity initial Tenant Improvements but which is not part of the plans for the Tenant Improvements and (b) except as set forth above, Tenant shall include be responsible for ADA Title III compliance in the obligation Premises, including any leasehold improvements or other work to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Landlord, its agents be performed in the Premises under or employees as a result of Tenant's violation. in connection with this Lease.
Section 12.5 Landlord shall not use (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Building and Project which are applicable to its ownership and operation of the Building and Project, (b) comply with any directive, order or citation made pursuant to law by any portion thereof for the storage, treatment, use, production or disposal public officer requiring abatement of any Hazardous Materialsnuisance under its control, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance (c) comply with all insurance requirements applicable lawsto the portions of the Building and Common Area under its control. If Landlord fails to use commercially reasonable efforts to attempt to comply with the foregoing, rules then and regulations. in such event Landlord does hereby shall indemnify and hold Tenant harmless from and against any and all claims and damagesdamages in connection with loss of life, including, without limitation, bodily or personal injury or property damage arising from any damage failure to any property or injury comply to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation extent not covered by insurance required to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred be maintained by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correct.
Appears in 1 contract
Use and Compliance With Laws. Section 9.1 12.1 The Premises shall be used only for executive and administrative offices for the Permitted Use, conduct of Tenant's business and such ancillary services normally connected therewith (such as restricted by the Restricted Uses, employee cafeteria services) and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the ProjectPremises.
Section 9.2 12.2 Subject to Landlord's obligations under Article 9 of this Lease, Tenant shall, at Tenant's sole expense: , (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or its agents, employees, invitees, licensees or contractors or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant's occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; , (c) comply with all customary insurance requirements applicable to the Premises; Premises and (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or cost, claim or expenses expense which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), ) or (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, regulation or any insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required .
Section 12.3 Tenant shall not, nor shall Tenant permit any third party, to be made hereunder shall be made use, store, generate, treat, release or dispose at, on or under the Premises, any "Hazardous Substance" (as hereinafter defined), except for Hazardous Substances which are a part of or contained in customary office supplies and/or equipment and then only if used, stored, and disposed of in accordance with Article 8 of manufacturer's instructions and all applicable laws, codes, regulations, orders and ordinances, and any such action shall constitute a default under this Lease. Tenant shall have no liability for indemnify, defend and hold Landlord, any failure managing agents and leasing agents of the Building, as built and their respective agents, partners, officers, directors and employees, harmless from all damages, costs, losses, expenses (including, but not limited to, attorneys' fees, consulting fees and engineers' fees) arising from or attributable to any breach by Landlord as Tenant of the date covenants contained in this Section 12.3. Tenant's indemnification obligations hereunder shall survive the termination or expiration of this Lease. As used herein, to comply with the ADAterm "Hazardous Substance" shall mean any substance, as presently interpreted and enforced.
Section 9.3 Tenant shall not use material, waste, gas or particulate matter which is regulated by any local governmental authority, the Premises State of Illinois, or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damagesUnited States Government, including, without limitation, but not limited to (i) any damage to any property material or injury to substance which is defined or death of any person, arising designated as a result "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," or "restricted hazardous waste" under any provision of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any Illinois or federal law; (ii) oil or petroleum; (iii) asbestos and all costs asbestos-containing materials; (iv) polychlorinated biphenyls; and expenses (including reasonable attorneys' feesv) reasonably incurred by Landlord, its agents or employees as a result of Tenant's violation. Landlord shall not use the Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correctradioactive material.
Appears in 1 contract
Use and Compliance With Laws. Section 9.1 12.01 The Premises shall be used only for executive and administrative offices for the Permitted Use, as restricted by conduct of Tenant's business limited to the Restricted Uses, uses specifically set forth in Section 1.01Q and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Landlord represents that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices.
Section 9.2 12.02 Tenant shall, at Tenant's sole expense: , (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant's occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; , (c) comply with all customary insurance requirements applicable to the Premises; Premises and (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or cost, claim or expenses expense which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), ) or (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, regulation or any insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Tenant shall have no liability for any failure of the Building, as built by Landlord as of the date of this Lease, to comply with the ADA, as presently interpreted and enforced.
Section 9.3 Tenant shall not use the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Landlord, its agents or employees as a result of Tenant's violation. Landlord shall not use the Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correct.
Appears in 1 contract
Use and Compliance With Laws. Section 9.1 12.1 The Premises shall be used only for the Permitted Use, as restricted by the Restricted Uses, uses specifically set forth in Section 1.1O and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant's ’s employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Any statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in Section 1.1O hereof shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law.
Section 9.2 12.2 Tenant shall, at Tenant's ’s sole expense: , (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant’s occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's ’s obligations hereunder or by or through other fault of Tenant; , (c) comply with all customary insurance requirements applicable to the Premises; Premises and (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (e) indemnify and hold Landlord harmless from any loss, cost or cost, claim or expenses expense which Landlord incurs or suffers by reason of Tenant's ’s failure to comply with its obligations under clauses (a), (b), ) or (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, regulation or any insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice.
Section 12.3 As used herein, the term “Hazardous Substance” shall mean any substance, material, waste, gas or particulate matter which is regulated by any local governmental authority, the State of Illinois, or the United States Government, including, but not limited to (i) any material or substance which is defined or designated as a “hazardous waste,” “hazardous material,” “hazardous substance,” “extremely hazardous waste,” or “restricted hazardous waste” under any provision of Illinois or federal law; (ii) oil or petroleum; (iii) asbestos and asbestos-containing materials; (iv) polychlorinated biphenyls; and (v) radioactive material. Any alterations required to be made hereunder shall be made Except for Hazardous Substances which are used, stored and disposed of in accordance with Article 8 of the manufacturer’s instructions and all applicable laws, codes, regulations, orders and ordinances, Tenant shall not, nor shall Tenant permit any third party, to use, store, generate, treat, release or dispose at, on or under the Premises, Building or Land, any Hazardous Substance, and any such action shall constitute a default under this Lease. Tenant shall have no liability for indemnify, defend and hold Landlord, any failure managing agents and leasing agents of the Building, as built and their respective agents, partners, officers, directors and employees, harmless from all damages, costs, losses, expenses (including, but not limited to, attorneys’ fees, consulting fees and engineers’ fees) arising from or attributable to any breach by Landlord as Tenant of the date covenants contained in this Section 12.3. Tenant’s indemnification obligations hereunder shall survive the termination or expiration of this Lease, to comply with the ADA, as presently interpreted and enforced.
Section 9.3 Tenant shall not use the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Landlord, its agents or employees as a result of Tenant's violation. Landlord shall not use the Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correct.
Appears in 1 contract
Sources: Lease Agreement (Advanced Life Sciences Holdings, Inc.)
Use and Compliance With Laws. Section 9.1 (a) The Leased Premises shall may be occupied and used only for the Permitted Use, as restricted by the Restricted Uses, and for no other purposes whatsoeverany lawful purpose. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain keep the Leased Premises in a clean, careful, safe, lawful clean and proper manner and orderly condition. Tenant shall not allow within knowingly use the Leased Premises or maintain them in any manner constituting a violation of any ordinance, statute, regulation, or order of any governmental authority, including without limitation zoning ordinances, nor shall Tenant maintain, permit or suffer any public nuisance to occur or exist on the Leased Premises.
(b) Tenant shall not permit any waste to the Leased Premises, any offensive noise, odor, conduct or private or public nuisance use or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in use of the ProjectLeased Premises for any unlawful purpose.
Section 9.2 (c) Tenant shall, at Tenant's sole expense: (a) shall comply with all laws, orders, ordinances, rules, regulations, orders and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making decrees of any alterations governmental entity or personnel now or hereafter affecting or relating to the Leased Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; (c) comply with all customary insurance requirements applicable to the Premises; use thereof.
(d) comply with the provisions Tenant shall properly dispose of any covenantschemicals, conditions metals, garbage, trash or restrictions applicable other industrial by-products and incidentals to Tenant’s business and shall use leakproof and fireproof containers and the Land expense of any breakage, stoppage, contamination, spillage or the Building; and damage resulting from a violation of this provision shall be borne by Tenant.
(e) Landlord shall indemnify and hold Landlord harmless from Tenant, and any lossparty affiliated with Tenant, cost or claim or expenses which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (a), (b), (c) or (d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation, insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease. Tenant shall have no liability for any failure of the Building, as built by Landlord as of the date of this Lease, to comply with the ADA, as presently interpreted and enforced.
Section 9.3 Tenant shall not use the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims claims, judgments, liabilities, losses, costs, and damages, expenses (including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees’ fees and court costs) reasonably incurred by Landlordarising from, its agents or employees as a result of Tenant's violation. Landlord shall not use the Project or in connection with: (i) any portion thereof for the escape, storage, treatmentusage, use, production or disposal spillage of any Hazardous MaterialsSubstances in, other than those which might be incidental on, or about the Leased Premises prior to and commonly used in general executive administrative offices and which are stored the Lease Term; or used in accordance with all applicable laws(ii) any escape, rules and regulations. storage, use or spillage of any Hazardous Substances to or from the Leased Premises by Landlord does hereby (or its employees, agents, contractors, invitees, or licensees) during the Lease Term, whether or not such storage, usage, or transportation constitutes a failure of Landlord fully to observe or perform its obligations under this Lease.
(f) Tenant shall indemnify and hold Tenant harmless Landlord, and any party affiliated with Landlord, from and against any and all claims claims, judgments, liabilities, losses, costs, and damages, expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising from, or in connection with: (i) any damage escape, storage, usage, or spillage of any Hazardous Substances in, on, or about the Leased Premises during the Lease Term not caused by Landlord or its employees, agents, contractors, invitees, or licensees; or (ii) any transportation of any Hazardous Substances to or from the Leased Premises by Tenant (or its employees, agents, contractors, invitees, or licensees) during the Lease Term, whether or not such storage, usage, or transportation constitutes a failure of Tenant fully to observe or perform its obligations under this Lease.
(g) Hazardous Substances means (i) any “hazardous wastes” as defined under RCRA, (ii) any “hazardous substances” as defined under CERCLA, (iii) any toxic pollutants as defined under the Clean Water Act, (iv) any hazardous air pollutants as defined under the Clean Air Act, (v) any hazardous chemicals as defined under TSCA, (vi) any hazardous substances as defined under EPCRA, (vii) radioactive materials covered by the Atomic Energy Act, (viii) similar wastes, substances, pollutants, chemicals regulated under analogous state and local laws, (ix) asbestos, (x) polychlorinated biphenyls, (xi) petroleum and petroleum products or synthetic fuels, (xii) any substance the presence of which on the property in question is prohibited under any applicable environmental law; and (xiii) any other substance which under any applicable environmental law requires remediation or special handling or notification of or reporting to any property federal, state or injury to local governmental entity in its generation, use, handling, collection, treatment, storage, recycling, treatment, transportation, recovery, removal, discharge or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correctdisposal.
Appears in 1 contract
Sources: Lease Agreement (Shoe Carnival Inc)
Use and Compliance With Laws. Section 9.1 12.01. The Premises shall be used only for offices for the Permitted Use, as restricted by conduct of Tenant's business limited to the Restricted Uses, uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, Premises any offensive noise, odor, conduct or private or public nuisance or permit Tenant's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or the Project. Any statement as to the particular nature of the business to be conducted by Tenant in the ProjectPremises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law.
Section 9.2 12.02. Tenant shall, at Tenant's sole expense: , (ai) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, includingincluding any laws, without limitationorders, the ADA ordinances, and the making of any alterations regulations relating to the Premises required therebyuse or consumption of hazardous substances by Tenant, its agents or employees, or the presence or removal of such substances in or from the Premises; (bii) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant's occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant's obligations hereunder or by or through other fault of Tenant; (ciii) comply with all customary insurance requirements applicable to the Premises; (div) comply with the provisions Rules and Regulations contained in Exhibit F of this Lease, as the same may be changed from time to time; (v) cause Tenant's employees, agents, invitees, and contractors to refrain from smoking in the Building at all times (other than in a designated smoking area in the parking facilities of the Building which Landlord may designate at any covenants, conditions or restrictions applicable time and from time to the Land or the Buildingtime); and (evi) indemnify and hold Landlord harmless from any loss, cost or cost, claim or expenses expense which Landlord incurs or suffers by reason of Tenant's failure to comply with its obligations under clauses (ai), (bii), (ciii) or (d), iv) above. Tenant shall have no obligation to perform any structural alterations to Premises pursuant to the terms set forth in (i) above except to the extent such alterations are required to correct conditions which have been created by or at the request or insistence of Tenant or are required by reason of a breach of any Tenant's obligations hereunder or by or through other fault of Tenant. If Tenant receives notice of any such directive, order order, citation or of any violation of any law, order, ordinance, regulation, regulation or any insurance requirement, or any covenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any The foregoing notwithstanding, Landlord shall make structural alterations or structural improvements required to be made hereunder shall be made in accordance with Article 8 of this Lease. Tenant shall have no liability for any failure of the Building, as built by Landlord as of the date of this Lease, to comply with the ADA, as presently interpreted applicable laws and enforced.
Section 9.3 Tenant shall not regulations unless such alterations or improvements are necessitated by Tenant's particular use of the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental (as opposed to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred being necessitated by Landlord, its agents or employees as a result of Tenant's violation. Landlord shall not office use the Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Landlord does hereby indemnify and hold Tenant harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Landlord's violation of the foregoing provision. Landlord's indemnity shall include the obligation to reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05generally.), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correct.
Appears in 1 contract
Sources: Office Lease Agreement (Management Network Group Inc)