Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose. (b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste. (c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same. (d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees. (e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 2 contracts
Sources: Industrial Lease Agreement (NationsHealth, Inc.), Industrial Lease Agreement (Syratech Corp)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s 's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 2 contracts
Sources: Industrial Lease Agreement (D & K Healthcare Resources Inc), Industrial Lease Agreement (Rockwell Medical Technologies Inc)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purposepurpose without Landlord's consent, which consent shall not be unreasonably withheld.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or inviteespremises. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, of the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s 's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Appurtenance Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent, provided Tenant is given reasonable prior notice of such impending increase and an opportunity to cease or modify such use.
Appears in 2 contracts
Sources: Industrial Lease Agreement (Pfsweb Inc), Industrial Lease Agreement (Daisytek International Corporation /De/)
Use of Demised Premises. (a) The Tenant shall use and occupy the Demised Premises shall be used for office and light electronic assembly, as provided under the Permitted Use set forth in Section 1(l) applicable zoning ordinances of the Borough of Mahwah and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises. It is a consideration of this Lease, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises shall be limited to those uses as otherwise hereinbefore specified, and that such uses be subject to and consistent with any Certificate of Occupancy issued by the Township of Mahwah. Such use does not permit the stacking of merchandise or materials against the walls, so as to create a load or weight factor upon the walls, or to tie in, Tenant's racking systems with such walls, not the hanging of equipment from (or otherwise loading) the roof or structural members of the Building without the express written consent of the Landlord. The Tenant shall pay such additional amount as Additional Rentnot use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in or on the Demised Premises, in a manner which will in any way violate the Certificate of Occupancy affecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or which will make it impossible to obtain fire or other insurance required to be furnished by the Tenant hereunder, at regular rates, or which will cause or be likely to cause structural damage to the Building or any part thereof, or which will constitute a public or private nuisance, or which would adversely affect the then value thereof. Tenant shall, in the use and occupancy of the Demised Premises, comply with all laws, orders and regulations of the federal, state and municipal governments or of any of their departments affecting the Demised Premises. If any repairs or improvements are made necessary in order to comply with any of the aforesaid governmental rules and regulations, then Tenant shall, at Tenant's cost and expense, make said repair and/or improvement subject to Tenant's obligation to secure Tenant's Approval. Landlord represents that at the time of the issuance of the Certificate of Occupancy the Demised Premises shall be in compliance with any laws, orders, or regulations of the federal, state or municipal governments or any of their departments affecting the Demised Premises. the Tenant shall not permit or cause any odor, sound, vibration, effluent, pollution or other condition that is either in Landlord's opinion or by law noxious or offensive. Nothing herein contained shall be deemed or construed to constitute a representation or guaranty by the Landlord that any specific business may be conducted in the Demised Premises or is lawful under the Certificate of Occupancy.
Appears in 2 contracts
Sources: Lease Agreement (Tellurian Inc /Nj/), Lease Agreement (Tellurian Inc /Nj/)
Use of Demised Premises. (a) 3.1 The Demised Premises including all buildings or other improvements hereafter erected upon the same shall be used for such activities as may be lawfully carried on in and about the Permitted Use set forth Demised Premises. Tenant shall not use or occupy the same, or knowingly permit them to be used or occupied, contrary to any statute, rule, order, ordinance, requirement or regulation applicable thereto, or in Section 1(l) and for no any manner which would violate any certificate of occupancy affecting the same, or which would make void or voidable any insurance then in force with respect thereto or which would make it impossible to obtain fire or other purpose.
(b) Tenant will permit no liens insurance thereon required to attach be furnished hereunder by Tenant, or exist against which would cause structural injury to the improvements or cause the value or usefulness of the Demised Premises, or any portion thereof, substantially to diminish (reasonable wear and shall not commit any tear excepted), or which would constitute a public or private nuisance or waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant agrees that it will promptly, upon discovery of any such use, take all necessary steps to compel the discontinuance of such use. Further, Tenant shall not allowuse, store, or dispose of any so-called "hazardous wastes" or "hazardous substances" as defined by federal, state, or local environmental laws (including so-called "Superfund" laws) on the Demised Premises except for any such materials used by Tenant in the normal operation of its business, which materials shall be kept and used in compliance with applicable laws.
3.2 Tenant shall not use, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in or any manner use the Demised Premises so as portion thereof, to cause cancellation ofbe used by Tenant, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided or the public, as such, without restriction or in such manner as might reasonably tend to Tenant by Landlord or any of impair Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining 's title to the Demised Premises, the Buildingor any portion thereof, or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the Building Common Areapublic, whether paid by Landlord as such, or Tenantthird persons, are increased over the least hazardous rate available due to the nature or of the use implied dedication of the Demised Premises Premises, or any portion thereof. Nothing in this Lease Agreement contained and no action or inaction by TenantLandlord shall be deemed or construed to mean that Landlord has granted to Tenant any right, Tenant shall pay power or permission to do any act or make any agreement that may create, or give rise to or be the foundation for any such additional amount as Additional Rentright, title, interest, lien, charge or other encumbrance upon the estate of Landlord in the Demised Premises.
Appears in 2 contracts
Sources: Purchase Agreement (Renaissance Entertainment Corp), Lease Agreement (Renaissance Entertainment Corp)
Use of Demised Premises. (a) The Lessee covenants that the Demised Premises shall be used solely for the Permitted Use set forth in Section 1(l) VEHICLE AND BUS PARKING, MAINTENANCE AND REPAIR, administrative offices, lodging with respect to ▇ ▇▇▇▇▇ ▇▇▇▇▇▇ and for no other purpose.
(b) Tenant will , unless approved in writing by Lessor. Lessee shall not do or permit no liens any act or thing which is contrary to attach any Legal Requirements or exist against Insurance Requirements, or which might impair the value or usefulness of the Demised PremisesPremises or any part thereof. Lessee shall not use, or allow the Demised Premises or any part thereof or any Improvements now or hereafter erected thereon or any appurtenances thereto to be used or occupied, for any unlawful purpose or in violation of any certificate of occupancy, and shall not commit suffer any waste.
(c) The Demised Premises shall not act to be used for done or any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect condition to occur exist within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agentspart thereof, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants Improvements now or hereafter affecting the Demised Premiseserected thereon, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining appurtenance to the Demised Premises, the Buildingor permit any article to be brought therein, which may be dangerous, unless safeguarded as required by law, or the Building Common Areawhich may constitute a nuisance, whether paid by Landlord public or Tenantprivate, are increased over the least hazardous rate available due or which may make void or voidable any insurance in force with respect thereto. Lessee shall not do or suffer any waste, damage, disfigurement or injury to the nature of Demised Premises. Lessee shall not permit the use of spilling, discharge, release, deposit or placement on the Demised Premises by Tenantor any part thereof, Tenant whether in containers or other impoundments, of any substance which is a hazardous or toxic substance within the meaning of any applicable environmental law. Landlord shall pay such additional amount as Additional Rentbe authorized to build a dock on the Premises and utilize it in a way to receive income.
Appears in 2 contracts
Sources: Lease (Atlantic Express Transportation Corp), Lease (Atlantic Express Transportation Corp)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purposepurpose without Landlord's consent, which consent shall not be unreasonably withheld.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or inviteespremises. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, of the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s 's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent, provided Tenant is given reasonable prior notice of such impending increase and an opportunity to cease or modify such use.
Appears in 2 contracts
Sources: Industrial Lease Agreement (Daisytek International Corporation /De/), Industrial Lease Agreement (Pfsweb Inc)
Use of Demised Premises. (a) The Tenant shall only use and occupy the Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposesUses, and Tenant shall not allow, suffer, use or permit or suffer the use of the Demised Premises or any vibration, noise, odor, light or part thereof for any other effect purposes.
(1) Landlord will deliver to occur within or around Tenant copies of any environmental reports affecting the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining buildingare in Landlord's possession provided, its customershowever, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by accuracy or being completeness of such reports.
(2) Landlord will deliver to Tenant any ISRA letters of non-applicability in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter Landlord's possession affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e3) In Landlord will deliver a certificate of occupancy (which may be temporary)
4.02 If any governmental license or permit, other than a Certificate of Occupancy (which may be a temporary certificate) for the event insurance premiums pertaining Building and Landlord's Work prior to any Tenant Work, shall be required for the proper and lawful conduct of Tenant's business in the Demised Premises or any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit the same to Landlord upon request. Tenant shall at all times comply with the terms and conditions of each such license or permit. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy the Demised Premises, or do or permit anything to be done in the Demised Premises, in any manner which (a) violates the Certificate of Occupancy for the Demised Premises or for the Building, ; (b) causes or is liable to cause injury to the Building Common Areaor any equipment, whether paid by Landlord facilities or Tenant, are increased over the least hazardous rate available due to the nature systems attached thereto; (c) constitutes a violation of the use Legal Requirements or Insurance Requirements; (d) impairs the character, reputation or appearance of the Demised Premises by Tenantand/or the Building; (e) impairs the maintenance, Tenant shall pay such additional amount as Additional Rentoperation and repair of the Demised Premises and/or its equipment, facilities or systems or (f) would make the New Jersey Industrial Site Recovery Act ("ISRA") applicable to the Demised Premises or the Building.
Appears in 2 contracts
Sources: Lease Agreement (Windsortech Inc), Lease Agreement (Windsortech Inc)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l1(i) and for no other purpose, except as hereinafter provided to the contrary. If Tenant or any permitted assignee or subtenant desires to use the Demised Premises for a Permitted Use other than the Primary Use, Tenant shall submit to Landlord a written request setting forth in detail the nature of the additional or altered Permitted Use proposed by Tenant or a permitted or proposed assignee or subtenant. Landlord agrees that Landlord may not unreasonably withhold, delay or condition its consent to the proposed additional or altered Permitted Use, subject to the condition that the proposed additional or altered Permitted Use must comply with the requirements and conditions of Section 1(i) of this Lease. Landlord shall, within ten (10) business days after receipt of the written notice from Tenant regarding a proposed alteration of the Primary Use, give written notice to Tenant approving or disapproving the proposal. A notice of approval may contain reasonable conditions, based on the nature of the proposed use. If the written notice from Landlord disapproves the proposed use, the reasons for such determination shall be set forth in reasonable detail.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and if such liens are held by persons claiming through or under Tenant. If any such lien is filed against the Demised Premises, Tenant shall cause such lien to be discharged of record by payment or bonding within thirty (30) calendar days after Tenant receives written notice from Landlord of the existence of the lien. A written notice given by Landlord pursuant to this subsection (b) may also constitute the written notice required by Section 23(a)(ii) so long as the notice expressly references both Sections of this Lease. Tenant shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit cause any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute constitutes a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or inviteestrespass. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or any restrictive covenant affecting the Demised PremisesPremises as shown by and included in the Permitted Encumbrances, including specifically, but without limitation, the Protective Covenants (as defined in Section 33), and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, impair coverage under the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as pursuant to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employeesSection 8.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 2 contracts
Sources: Build to Suit Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, including specifically, but without limitation, that certain Declaration of Protective Covenants, Agreements, Easements, Charges and Liens for ▇▇▇▇▇▇▇▇ Mill Business Center dated May 31, 2001 and recorded in Book 23510, Page 235 of the Gwinnett County, Georgia public records, as amended by that certain Amendment No. 1 to Declaration of Protective Covenants, Agreements, Easements, Charges and Liens for ▇▇▇▇▇▇▇▇ Mill Business Center, recorded in Deed Book 24400, Page 183, aforesaid records (as amended from time to time, the “Protective Covenants”), and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees. Notwithstanding anything herein to the contrary, Landlord represents and warrants that, as of the Lease Date, the Demised Premises is zoned M-1, Light Industry under the City of ▇▇▇▇▇▇ zoning ordinance, and (ii) the Permitted Use is an allowed use under the Protective Covenants.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. (a) The Section 4.01. Subject to and in accordance with the Special Permit, Tenant shall use and occupy the Demised Premises only in accordance with this Lease, the REA, the Special Permit and the Ground Lease, as laboratory and office space for (i) research on and development of composite cultured skin for application in medical procedures or for any other laboratory use permitted pursuant to this Lease, the REA, the Special Permit and the Ground Lease, provided however, that Tenant shall submit to Landlord a revised Plan (as hereinafter defined) for Landlord's review; and (ii) such ancillary use as may be used for the Permitted Use set forth in permitted by Section 1(l) 4.03 hereof and for no other purpose. Landlord hereby acknowledges that Tenant has heretofore delivered to Landlord its Regulatory Compliance Plan (the "Plan") which Plan is attached hereto as Exhibit B and made a part hereof and which Plan (i) identities those activities of and materials to be used by Tenant which are or may be subject to Environmental Legal Requirements or Legal Requirements and (ii) details Tenant's plans and procedures for compliance with Environmental Legal Requirements and Legal Requirements as to each specific regulated material and activity. From time to time, at any time during the Term, Tenant shall revise the Plan to reflect any changes in its activities, materials, Environmental Legal Requirements or Legal Requirements. All such revisions shall be subject to Landlord's prior review and approval, which approval shall not be unreasonably withheld.
(b) Section 4.02. Tenant will shall not use, occupy, suffer or permit no liens to attach or exist against the Demised Premises, and shall not commit or any waste.
part thereof, to be used in any manner, or suffer or permit anything to be brought into or kept therein, which would, in Landlord's judgment, (a) violate any of the provisions of the Ground Lease, the Special Permit, the REA, any other Superior Lease or any Superior Mortgage, including, without limitation the provisions of Section 23.02 (Prohibited Uses) of the Ground Lease, (b) violate any Environmental Legal Requirement, Legal Requirement or Insurance Requirement, (c) The Demised Premises shall not be used constitute an extra-hazardous condition so as to increase the risks involved in Tenant's operations beyond the level of risk normally attendant upon the operation of comparable laboratory space for any illegal purposesthe use permitted under Section 4.01 above, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not make void or voidable any insurance policy then in force with respect to any way violate any law, ordinance portion of the Premises or restrictive covenant affecting the Demised Premises, and shall not in (e) make it impossible or difficult to obtain any manner of the insurance coverage required to be maintained pursuant to this
(1) impair or interfere with the use of any area of the Building by, or occasion discomfort, annoyance or inconvenience to, Landlord or any other occupant or tenant. (m) interfere with access to the Demised Premises so by fire prevention personnel and/or equipment, (n) cause Tenant to default in any of its obligations under this Lease or (o) cause Landlord to be in default of any of its obligations under the Ground Lease or the REA.
Section 4.03. Tenant shall be permitted to use a portion of the Demised Premises for tissue processing relating to Tenant's use as to cause cancellation of, prevent set forth in Section 4.01 above.
Section 4.04. Tenant acknowledges that no temporary or permanent certificate of occupancy has been issued for the use of, or increase Demised Premises. Tenant shall upon completion of Tenant's Work obtain a temporary certificate of occupancy for the rate of, the fire and extended coverage insurance policy required hereunderpremises. Landlord makes no (representation and does hereby expressly disclaim any) covenant, representation or warranty as shall have no liability to Tenant with respect to the Permitted Use being allowed by permissibility of Tenant's use and occupancy of the Demised Premises under applicable zoning ordinances and regulations. If an amendment to a certificate of occupancy, a new certificate of occupancy or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting a zoning variance is required as a result of Tenant's use and/or occupancy of the Demised Premises, then Tenant shall, at Tenant's sole cost and any expense, obtain such amended certificate of occupancy, new certificate of occupancy or zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be variance for informational purposes only, Tenant hereby expressly acknowledging the Building and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises. If Landlord determines, the Buildingin its sole and exclusive judgment, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of that the Demised Premises may not be lawfully occupied by Tenant, then Landlord may, upon thirty (30) days' written notice to Tenant, cancel this Lease.
Section 4.05. Tenant shall pay have access in common with all other tenants, licensees and other occupants of the Building to all areas of the Building designated as common areas by Landlord. In addition, Tenant shall have access to and be permitted to use on a "first come-first served" basis, subject to such additional amount reasonable rules and regulations applicable to all tenants, licensees and other occupants of the Building as Additional RentLandlord may from time to time reasonably promulgate, such facilities to be constructed at a later date and located within the Building as Landlord shall from time to time designate, such as (by way of example only) conference room(s), copying room(s) and/or a lunch room.
Section 4.06. Promptly after the Commencement Date, Landlord shall provide Tenant and Tenant's employees with identification cards permitting Tenant and Tenant's employees to enter on and use certain campus facilities of Landlord, in accordance with the rules and regulations of Landlord, including, without limitation, requirements for payment of Landlord's applicable fees and charges therefor, as Landlord may from time to time promulgate. Failure of Tenant or Tenant's employees to abide by such rules and regulations may result in the revocation of any and all privileges accorded by Landlord from time to time to the holders of such identification cards.
Appears in 1 contract
Sources: Lease (Ortec International Inc)
Use of Demised Premises. 4.1 Lessee (aand any permitted assignee or sublessee of Lessee) The shall use the Demised Premises shall be used for a brewery with a taproom. The Lessee will not use or suffer or permit the Permitted Use set forth in Section 1(l) and usage of the Demised Premises for no any other purposeallowed purposes.
(b) Tenant will 4.2 Lessee shall not use the Demised Premises in such a way as to cause unreasonable depreciation or an increase in the insurance rates applicable to the Demised Premises. Lessee shall neither permit no liens to attach nor suffer any disorderly conduct, noise, or exist against nuisance whatever about the Demised Premises, and Lessee shall not commit any waste.
(c) The use or permit the Demised Premises shall not to be used for any illegal purposes, and Tenant shall not allow, sufferbusiness or purpose deemed by Lessor to be extra hazardous, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, which constitutes a violation of any present or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable future laws, rules, ordinances regulations, requirements, or restrictive orders of any lawful governmental or public authority relating to the Demised Premises. Lessee-covenants and agrees at its cost to promptly comply with all such laws, regulations, ordinances, and every order or regulation now or hereafter affecting enacted of the Demised PremisesUnited States, and any zoning lettersor the City of Lyons, copies County of zoning ordinances Boulder, or other information from any governmental agency or other third party provided to Tenant by Landlord the State of Colorado, or any of Landlord’s agents department, bureau or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums board thereof pertaining to the Demised Premises.
4.3 Lessee shall not commit waste or allow any waste to be committed in or upon the Demised Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenants in the Property. Lessee shall not allow any carts, the Buildingportable signs, devises, or other objects to be stored outside the Building Common AreaDemised Premises. All trash and rubbish of Lessee shall be deposited within receptacles in areas as may be designated by Lessor. Lessee shall not cause or permit the Demised Premises or the floors or walls thereof to be endangered by overloading. ▇▇▇▇▇▇ acknowledges that neither Lessor nor any agent of ▇▇▇▇▇▇ has made any representation or warranty concerning the suitability or the Demised Premises or the Property for the conduct of ▇▇▇▇▇▇'s business.
4.4 Lessee covenants and agrees that throughout the term of this Lease, whether paid by Landlord or Tenant, are increased over Lessee shall in good faith operate the least hazardous rate available due Demised Premises for the purposes permitted under paragraph 4.1 above with the goal that such operations shall provide the maximum sales to be derived from the Demised Premises and the utmost benefit to the nature Property as a whole. Without limitation on the generality of the use of foregoing, Lessee shall keep the Demised Premises open for business throughout such business hours as are designated by Lessor from time to time.
4.5 Lessee shall not permit any business to be conducted in or from the Demised Premises by Tenantany concessionaire or licensee without the prior written consent of Lessor, Tenant shall pay such additional amount as Additional Rentwhich may be withheld in Lessor's discretion.
Appears in 1 contract
Sources: Lease Agreement
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees. Notwithstanding the foregoing, Industrial Developments International, Inc. (“IDI”), the initial “Landlord” hereunder, hereby represents that, to IDI’s actual knowledge (i) which for purposes of this clause (i) is based solely on that letter from the Office of Planning and Development of the City of Southaven, Mississippi to Mr. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ of ▇▇▇ dated July 21, 2006, a copy of which is attached hereto as Exhibit H, the land on which the Building lies is currently zoned “Planned Business Park (PBP)” under the City of Southaven, Mississippi zoning ordinance; and (ii) there are no protective or restrictive covenants that encumber the Property other than as may be included in the Permitted Exceptions.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available for ordinary office, warehouse, assembly, integration and distribution purposes due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l1(1) and for no other purpose.
(b) Except as provided in Section 18(b), Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees. Notwithstanding anything herein to the contrary, Landlord represents and warrants that, as of the Lease Date, (i) the Demised Premises is zoned P-I-H under the City of Savannah, Georgia zoning ordinance, and (ii) the General Use is an allowed use under the protective covenants affecting the Project.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Sources: Industrial Lease Agreement (Dirtt Environmental Solutions LTD)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l1(1) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s 's agents or employees shall be for informational purposes only, . Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. (a) The Tenant shall use and occupy the Demised Premises shall be used during the Lease Term only for the Permitted Use set forth purpose stated in Section 1(l) 1 hereof and attendant office use and for no other purpose.
purpose without the prior written consent of the Landlord. Tenant shall not use or permit any person to use the Demised Premises or any part thereof for any use or purpose other than the use stated in Section 1 or in violation of any law, statute, order, ordinance, code, rule or regulation of any federal, state or municipal body or other governmental agency having jurisdiction thereof, including, without limitation, zoning, land use and building ordinances, uses and requirements; occupational safety and health requirements, community right-to-know requirements; the Americans With Disabilities Act of 1990; and Environmental Laws (bas defined in Section 9.3) Tenant will permit no liens to attach (collectively “Laws”), or exist against any building and use restrictions (“Restrictions”) affecting the Building or the Demised Premises, if any. Tenant shall comply with all such present and shall not commit any waste.
(c) The future Laws and Restrictions affecting the Building and Demised Premises shall not be used for any illegal purposesand the cleanliness, safety, occupation and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant use of the Building same, at Tenant’s sole cost and expense. Tenant shall, at Tenant’s expense, obtain such approvals, permits or an adjoining buildingcertificates, its customersincluding, agentswithout limitation, or invitees. Upon notice by Landlord to a Certificate of Occupancy if Tenant that is constructing any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not tenant improvements in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, that may be required in order for Tenant to occupy and shall not in any manner use the Demised Premises so as to cause cancellation Premises. Tenant shall promptly notify Landlord of, prevent the use and provide Landlord with copies of, or increase the rate ofall notices, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenantrequests, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable lawsorders, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances complaints or other information correspondence directed to Tenant from any federal, state or municipal body or governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums authority pertaining to the Demised Premises, the Building, any actual or the Building Common Area, whether paid by Landlord alleged violation of Laws or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional RentRestrictions.
Appears in 1 contract
Use of Demised Premises. (a) The During the continuation of this Lease, the Demised Premises shall be used and occupied for the Permitted Use set forth in Section 1(l) storage and distribution of apparel, ancillary office purposes and operation of a retail store and for no other purposepurposes without the written consent of the Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall not use the Demised Premises for any purpose in violation of any law, municipal ordinance or regulation, nor shall Tenant perform any acts or carry on any practices which may injure the Demised Premises or the Building or be a nuisance, disturbance or menace.
(b) Tenant will shall not permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s 's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees. Landlord shall not voluntarily initiate any action which would cause a change in zoning laws and ordinances applicable to the Demised Premises so as to result in the Permitted Use being in violation of such zoning laws or ordinances nor support any such action initiated by a third party.
(e) In the event insurance premiums pertaining to the Demised Premises, Premises or the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall may only be used for the Permitted Use use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) 1(f). The Demised Premises shall not be used for retail sales or any illegal purposesother retail use whatsoever. No part of the Demised Premises may be used for warehousing or storage of any hazardous materials or so-called "red-labeled" materials or substances, except in accordance with all relevant law, rules, regulations and ordinances of all governmental authorities having jurisdiction.
(b) Notwithstanding anything to the contrary in this Lease, Tenant shall not allowuse or permit the Demised Premises to be used for (i) any unlawful purpose; (ii) in violation of the Building's zoning code designation as the same shall be in force from time to time during the term hereof; (iii) in violation of any certificate of occupancy covering the Demised Premises; (iv) any use which may constitute a public or private nuisance or make voidable any insurance in force relating to the Demised Premises; or (v) any purpose which creates or produces noxious odors, suffersmoke, fumes, emissions, noise or vibrations or disturbs any other tenant of the Building in said tenant's peaceful enjoyment of the Property or said tenant's premises therein.
(c) Tenant shall not cause or permit any vibration, noise, odor, light overloading of the floors of the Building. Tenant shall not install any equipment or other effect items upon or through the roof, or cause openings to occur within or around be made in the Demised Premises that could constitute a nuisance or trespass roof, without Landlord's prior written consent, which consent Landlord shall not be unreasonably withheld. It shall be reasonable for Landlord to withhold its consent from any installation, work or any occupant improvement which would adversely affect the integrity of the Building roof or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that the enforceability of any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the sameroof warranty.
(d) Tenant shall not in No storage of any way violate any lawgoods, ordinance equipment or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees materials shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, permitted outside the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Sources: Lease Agreement (Parlex Corp)
Use of Demised Premises. (a) Section 5.01. The Lessee covenants and agrees to use the Demised Premises shall be used only for the Permitted Use set forth in Section 1(l) purposes of general business and professional offices, including software engineering, research and development office uses, and for no other purpose.
Section 5.02. Lessee will not make or permit any occupancy or use of any part of the Demised Premises for any hazardous, offensive, dangerous, noxious or unlawful occupation, trade, business or purpose or any occupancy or use thereof which is contrary to any law, by-law, ordinance, rule, permit or license, and will not cause, maintain or permit any nuisance in, at or on the Demised Premises. The Lessee hereby agrees not to maintain or permit noises, operating methods, or conditions of cleanliness of the Demised Premises or any appurtenance thereto which are reasonably objectionable to Lessor. Lessor acknowledges that Lessee's intended use, which use is to be reasonably the same as Lessee's current use of its premises at Two Vision Drive, Natick, Massachusetts, does not violate the foregoing limitations. No hazardous substances or wastes shall be brought, kept, maintained or discharged on the Premises except that customary office and cleaning supplies may be brought, kept, maintained and discharged in amounts and a manner consistent with reasonable commercial/office practices and in compliance with all laws. Except as provided in Section 20.16, no sign, antenna or other structure or thing shall be erected or placed on the Demised Premises or any part of the exterior of any building or on the land comprising the Premises or erected so as to be visible from the exterior of the building containing the Demised Premises without first securing the written consent of the Lessor, which shall not be unreasonably withheld or delayed.
Section 5.03. Lessor and Lessee shall each indemnify, defend with counsel reasonably acceptable to the party entitled to indemnity and hold the other (band in the case of Lessee, Lessor's managing agent and any mortgagee of the Demised Premises) Tenant will permit no liens fully harmless from and against any and all liability, loss, suits, claims, actions, causes of action, proceedings, demands, costs, penalties, damages, fines and expenses, including, without limitation, attorneys fees, consultants' fees, laboratory fees and clean up costs, and the costs and expenses of investigating and defending any claims or proceedings, resulting from, or attributable to attach (i) the presence of any Hazardous Substance on the Premises or exist the Demised Premises arising from the action or negligence of the party against whom indemnity is sought, its officers, employees, contractors, agents and invitees, or arising out of the generation, storage, treatment, handling, transportation, disposal or release by such party (or their respective officers, employees, contractors, agents or invitees) of any Hazardous Substance at or near the Premises or the Demised Premises, and (ii) any violation(s) by the party against whom indemnity is sought (or their respective officers, employees, contractors, agents or invitees) of any applicable law regarding Hazardous Substances. This hold harmless and indemnity shall survive the expiration or earlier termination of this Lease and shall not commit include consequential damage, damage arising from the gross negligence or willful misconduct of the party seeking indemnification, or damage to or loss of personal property.
Section 5.04. Lessee will not permit any waste.abandonment of the Demised Premises or any part thereof except
(a) to the extent caused by condemnation,
(b) to the extent caused by damage to or alterations of the Demised Premises pending restoration thereof, or
(c) as herein otherwise specifically provided or consented to in writing by the Lessor. The cessation of business operations by Lessee at the Demised Premises shall not per se be used for any illegal purposes, considered abandonment if Lessee timely observes and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or performs all of its other effect to occur within or around obligations under this Lease and properly and with reasonable continuity monitors and maintains the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant security of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use at the Demised Premises so as to prevent any vandalism thereat or improper use thereof.
Section 5.05. Lessee will not cause cancellation ofor permit any waste, prevent the use ofoverloading, stripping, damage, disfigurement or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation injury of or warranty as to the Permitted Use being allowed by Premises or being the Demised Premises or any part thereof.
Section 5.06. Rules and regulations, provided the same are not inconsistent with or in compliance with any applicable lawslimitation of the provisions of this Lease affecting the cleanliness, rulessafety, ordinances or restrictive covenants now or hereafter affecting occupation and use of the Demised Premises, and any zoning letterswhich in the judgment of the Lessor are reasonable, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes onlyobserved by the Lessee and its employees, Tenant hereby expressly acknowledging and agreeing that Tenant Lessee shall conduct use reasonable efforts to cause its agents, contractors, customers and rely solely on its own due diligence and investigation with respect business invitees to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employeescomply therewith.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Sources: Lease Agreement (Systemsoft Corp)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose. Notwithstanding anything to the contrary in this Lease, if Tenant or any permitted assignee or subtenant desires to use the Demised Premises for a Permitted Use other than the Primary Use, Tenant shall submit to Landlord a written request setting forth in detail the nature of the additional or altered Permitted Use proposed by Tenant or a permitted or proposed assignee or subtenant. Landlord agrees that Landlord may not withhold its consent to the proposed additional or altered Permitted Use, subject to the condition that the proposed additional or altered Permitted Use must comply with the requirements and conditions of Section 1(l) of this Lease. Landlord shall, within ten (10) business days after receipt of the written notice from Tenant regarding a proposed alteration of the Primary Use, give written notice to Tenant confirming whether or not Landlord considers the proposed additional or altered use to be a Permitted Use which complies with Section 1(l). If the written notice from Landlord confirms a determination by Landlord that the proposed use is not a Permitted Use, the reasons for such determination shall be set forth in reasonable detail. If Landlord fails to give any written notice to Tenant within such ten (10) business- day period, Landlord will be deemed to have determined that the proposed additional or altered use is a Permitted Use.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any wastewaste of or within the Demised Premises.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same. Notwithstanding the foregoing, Landlord hereby acknowledges and agrees that Tenant shall have the right to install and maintain, at Tenant's sole cost and expense, up to two (2) air compressors in the Common Area adjacent to the trash enclosure at the east end of the Demised Premises, which air compressors shall be enclosed in block walls and otherwise installed pursuant to plans and specifications reasonably satisfactory to Landlord; provided that in the event such air compressors generate excessive noise, as reasonably determined by Landlord, Tenant shall, at its own expense, fully enclose (i.e., install a roof or other suitable cover in addition to the block walls) such air compressors at Landlord's request. Any noise generated by the air compressors will not be deemed to have violated the Rules and Regulations (as defined in Section 32), regardless of any provsion thereof, so long as Tenant complies with the provisions of this Section 7(c).
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Areacommon areas, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Sources: Lease Agreement (I Flow Corp /Ca/)
Use of Demised Premises. (a) The 5.1 Tenant covenants to use the Demised Premises only for carrying on the business of developing and commercializing proprietary formulations of specialty chemicals dud to permit Landlord to transmit heat, air conditioning, and electric current through the Demised Premises at all times at the discretion of Landlord, provided, however, that Landlord shall not exercise this right in such a way as to unreasonably inconvAni.r2,nce Tenant, or unreasonably interfere with Tenant's use of the Demised Premises. All property of any kind which may be on the Demised Premises shall be used for at the Permitted Use set forth in Section 1(l) and for no other purposesole risk of Tenant or those claiming through or under Tenant.
(b) 5.2 Tenant will permit no liens shall not commit, or suffer to attach or exist against be committed, any waste on the Demised Premises, and nor shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposesTenant maintain, and Tenant shall not allow, suffercommit, or permit the maintenance or commission of any vibration, noise, odor, light or other effect to occur within or around nuisance on the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance for any unlawful purpose.
5.3 Tenant shall comply with any applicable and all laws, rulesordinances, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, urder6 and any zoning letters, copies regulations of zoning ordinances or other information from any governmental agency or other third party provided authority which are applicable to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Premises.
5.4 Tenant shall pay such additional amount as Additional Rentallow Landlord to enter premises at any reasonable time tc make inspection and at any time to act in emergencies.
5.5 Tenant's customers may use the common parking area on a non-exclusive basis. Tenant's employees will park in areas designated by the Landlord.
5.6 Tenant shall neither abandon nor vacate the Demised Premises during the term of this Lease without agreeing to the continuation of rent and expenses.
5.7 Tenant will not be allowed to operate coin machines without Landlord's consent.
5.8 The Tenant shall not sub-let the premises nor any portion thereof, nor shall this lease be assigned by the Tenant without the prior written consent of the Landlord endorsed hereon.
Appears in 1 contract
Use of Demised Premises. Tenant shall not use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in or on the leased property:
(a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant which will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant certificate of occupancy affecting the Demised Premises, and shall not in any manner use Premises or the Demised Premises so as Building;
(b) which will cause or be likely to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as structural damage to the Permitted Use being allowed by Building or being in compliance with any applicable laws, rules, ordinances part thereof;
(c) which will violate any present or restrictive covenants now future laws or hereafter affecting the Demised Premises, and any zoning letters, copies regulation of zoning ordinances or other information from any governmental agency authority;
(d) which will make void or other third party provided to Tenant by Landlord or voidable any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation insurance then in force with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.Demised Premises;
(e) In which shall increase the event rate of fire and/or casualty insurance premiums pertaining in the Building over that in effect prior to the execution of this Lease Agreement;
(f) which through the use of loud speakers, phonographs, television, or radio broadcasts shall create noise which may be heard outside the Demised Premises, Premises and which could be reasonably considered objectionable by Landlord and/or other Tenants;
(g) which will interfere with the reception or transmission of television or radio signals or other transmission in the Building, ;
(h) which will constitute a public or the Building Common Area, whether paid by private nuisance Landlord or acknowledges and agrees that Tenant, are increased over in addition to using the least hazardous rate available due Demised Premises for office use, will also be using a substantial portion of the Demised Premises for research and development of medical devices. This research and development may entail use of different equipment than that used in general office use and may entail Tenant having to handle certain substances and products in strict accordance with all applicable law. Landlord covenants and agrees that, anything in this Lease to the nature of the contrary notwithstanding, Tenant's use of the Demised Premises by Tenantfor that purpose and the use of the additional machinery and equipment shall in no way at any point in time constitute a default hereunder. Provided, Tenant however, that (i) such research and development activities shall pay not cause an unusually large number of persons to enter the Building or the Demised Premises, (ii) such additional amount as Additional Rentmachinery and equipment shall not create noise, odor or vibration levels that are objectionable to Landlord or other tenants in the Building, and (iii) such additional machinery and equipment shall not use a level of energy which exceeds normal office use.
Appears in 1 contract
Use of Demised Premises. (a) The Tenant shall use the Demised Premises only as home furnishings showroom. Landlord agrees that lease of the Showroom Facility shall contain the same use restriction or a restriction, to use as a wholesale or retail furniture and accessories showroom, so long as this lease is in affect. Nothing contained herein shall prohibit retailing activities of Tenant, such as the retail disposition of discontinued merchandise; provided, however, that it is the intent of both parties that the Demised Premises is to be used mainly and primarily for wholesale transactions with dealers and other home furnishings distributors. Tenant shall, in the Permitted Use set forth in Section 1(l) use and for no other purpose.
(b) Tenant will permit no liens to attach occupancy of the Demised Premises and the placing of fixtures and alterations therein, comply with all laws, ordinances, orders or exist against regulations of any lawful authority having jurisdiction over the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, do any act or permit follow any vibration, noise, odor, light or other effect to occur within or around practice in bout the Demised Premises that could which shall constitute a nuisance or trespass for Landlord detract from or any occupant impair the reputation of the Building or an adjoining buildingShowroom Facility; provided, its customershowever, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect be permitted to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the make use of the Demised Premises for entertaining of customers at social functions, so long as same does not disturb other Tenants in the nearby facilities. If any alteration to the Showroom Facility, or any alteration to the Demised Premises other than alterations of any fixture or partition placed therein by Tenant, shall be required to comply with any such law, ordinance, order or regulation, Landlord shall make the same at its sole expense. Without limiting the generality of the foregoing, Tenant shall pay make such additional amount arrangements for the storage and disposition of all garbage and refuse as Additional Rentmay be reasonably required by Landlord and the City of High Point, North Carolina from time to time and shall at all times keep the Demised Premises in a neat and orderly condition and clean and free from rubbish and dirt. and shall not cause any noxious, disturbing or offensive odors, fumes or gases, or any smoke, dust, steam or vapors, or any loud or disturbing noise or vibrations to originate in or be emitted from the Demised Premises. Tenant shall make available suitable receptacles for the disposition of garbage and refuse.
Appears in 1 contract
Sources: Lease Agreement (Winston Furniture Co of Alabama Inc)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised PremisesPremises which are not satisfied or bonded within fifteen (15) days of such attachment, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s 's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. 4.1 Tenant shall not use and occupy the Demised Premises for any use other than the Permitted Use. Tenant shall not use or permit the Demised Premises or any part thereof to be used for (a) The any unlawful or hazardous purpose; or (b) the manufacture of any commodity or good (collectively, the “Restricted Uses”). Tenant shall comply with all present and future laws, ordinances (including zoning ordinances and land use requirements), regulations and orders of all governmental and/or quasi-governmental authorities having jurisdiction over the Project pertaining to, or in connection with the Demised Premises or Tenant’s use and occupancy of the Demised Premises. Further, Tenant agrees that: LEASE AGREEMENT 14
(a) Tenant shall not commit or permit waste in or about the Project, and shall operate in a clean, safe and sanitary manner (provided Tenant shall not be used responsible for the Permitted Use set forth in Section 1(l) performing any of Landlord’s service or maintenance and for no other purposerepair obligations hereunder).
(b) Tenant will permit no liens to attach or exist against No additional locks shall be placed upon any door of the Demised Premises, and Tenant shall not commit permit any wasteduplicate keys to be made, without the prior written consent of Landlord which shall not be unreasonably withheld or delayed; provided however, Tenant shall ensure that Landlord have the ability to have access to the Demised Premises at all times.
(c) The Demised Premises Animals shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur permitted within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the sameother than service animals.
(d) Tenant shall not in install any way violate any law, ordinance window treatments other than existing treatments or restrictive covenant affecting otherwise obstruct the Demised Premises, and shall not in any manner use windows of the Demised Premises so as to cause cancellation ofin a manner which violates the Historic Credit Standards, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of without Landlord’s agents or employees prior written consent, which consent shall not be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employeesunreasonably withheld.
(e) In Any person(s) or companies, other than Landlord’s selected janitorial service, who shall be employed or engaged by Tenant for the event insurance premiums pertaining purpose of cleaning the Demised Premises shall be employed at Tenant’s cost. Tenant shall indemnify, defend and hold Landlord harmless from all losses, claims, liability, damages and expenses for any injury to persons or damage to property of Tenant, or third persons, caused by Tenant’s cleaning contractor.
(f) No smoking shall be permitted in, on or about the Project.
(g) Unless Landlord gives advance written consent in each and every instance, Tenant shall not install or operate any steam or internal combustion engine, boiler, machinery, or use the Demised Premises for housing accommodations or lodging for sleeping purposes, install gas grills on the Building roof (the approval for which shall not be unreasonably be withheld), or use any illumination visible from the outside of the Building other than electric light.
4.2 Tenant shall pay any business, rent or other taxes that are now or hereafter levied upon Tenant’s use or occupancy of the Demised Premises, the Buildingconduct of Tenant’s use or occupancy of the Demised Premises, Tenant’s business in the Demised Premises, or Tenant’s equipment or other personal LEASE AGREEMENT 15 property, other than taxes relating to Landlord’s income. In the event that any such taxes are enacted, changed or altered so that any of such taxes are levied against Landlord, or the Building Common Areamode of collection of such taxes is changed so that Landlord is responsible for collection or payment of such taxes, whether paid by Tenant shall pay any and all such taxes to Landlord upon written demand from Landlord. Landlord shall be deemed to be the owner of the Tenant’s Work and Alterations (as hereinafter defined) constructed with Landlord’s consent and shall be responsible for all taxes and insurance coverage for such improvements. Tenant agrees not to request or Tenantseek any form of personal property tax abatement or exemption from the City, are increased over the least hazardous rate available due State, or any other political subdivision thereof for the Project.
4.3 Tenant will not do, or permit anything to be done in the Demised Premises or the Project or bring or keep anything therein which shall, in any way, be illegal or cause the Demised Premises to be uninsurable, or prior to the nature end of the Base Year, increase the rate of insurance on the Building or on the property kept therein, or obstruct or conflict with the fire laws or regulations, or with any statutes, rules or regulations enacted or established by any applicable governmental entity.
4.4 Landlord hereby represents and warrants to Tenant that (1) Tenant’s use of the Demised Premises by for general office purposes does not violate applicable zoning laws and (2) Tenant’s Permitted Use at the Demised Premises does not violate any agreement to which Landlord is a party or to which the Project will be subject. Landlord agrees to reasonably cooperate with Tenant to obtain any necessary Move In Approvals required for Tenant’s Permitted Use and the installation of Tenant’s FF&E, including Landlord preparing and executing reasonable applications.
4.5 The parties acknowledge that, the installation of the Project security equipment (“Security Equipment”) shall be done as part of Landlord’s Work and part of Tenant’s Work. Tenant shall pay such additional amount as Additional Rentcontrol the security services and Security Equipment with respect to the Demised Premises. Tenant may limit access to the software and information provided by the Security Equipment in order to protect Tenant’s trade secrets and information related to Tenant’s business; provided, however, Landlord shall have reasonable access to: (a) the real time information provided by the exterior cameras at all times; (b) the video information related to any claim by any third party against Landlord; (c) information relevant to LEASE AGREEMENT 16 a dispute between Landlord and Tenant; and (d) information relevant to an event resulting in casualty and property damage.
Appears in 1 contract
Sources: Lease Agreement (Laclede Group Inc)
Use of Demised Premises. Supplementing the provisions of Article 2 of this lease:
(a) The Demised Premises Tenant shall not at any time use or occupy the demised premises or the Building, or suffer or permit anyone to use or occupy the demised premises, or do anything in the demised premises or the Building, or suffer or permit anything to be done in, brought into or kept on the demised premises, which in any manner in the reasonable discretion of Owner (i) violates the certificate of occupancy for the demised premises, if any, or for the Building; (ii) causes or is liable to cause injury to the demised premises or the Building or any equipment, facilities or systems therein; (iii) constitutes a violation of the laws and requirements of any public authorities or the requirements of insurance bodies (however Owner represents that as of the date hereof (i) Owner has not received written notice of any violation of the laws and requirements of any public authorities or the requirements of insurance bodies and (ii) the demised premises may lawfully be used and occupied for the Permitted Use purposes set forth in Section 1(lArticle 2); (iv) impairs or tends to impair the character, reputation or appearance of the Building as now exists; (v) impairs or tends to impair the proper and for no economic maintenance, operation and repair of the Building and/or its equipment, facilities or systems; (vi) materially annoys or inconveniences or tends to annoy or inconvenience other purposetenants or occupants of the Building; (vii) constitutes a nuisance, public or private; (viii) makes unobtainable from reputable insurance companies authorized to do business in New York State any fire insurance with extended coverage, or liability, elevator, boiler or other insurance at standard rates required to be furnished by Owner under the terms of any mortgages covering the demised premises or causes any increase in premiums on policies carried by Owner; or (ix) discharges objectionable fumes, vapors or odors into the Building's flues or vents or otherwise in such manner as may unreasonably offend other tenants or occupants of the Building.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit use, or suffer or permit anyone to use, the demised premises or any wastepart thereof, for (i) the business of photographic reproductions and/or offset printing (except that Tenant may use part of the demised premises for photographic reproductions and/or offset printing in connection with, either directly or indirectly, its own business and/or activities), (ii) an agency, department or bureau of the United States Government, any state or municipality within the United States or any foreign government, or any political subdivision of any of them, (iii) an employment agency or travel agency, (iv) a banking, trust company, or safe deposit business, (v) a savings bank, a savings and loan association, or a loan company, (vi) the sale of travelers' checks and/or foreign exchange, (vii) a stock brokerage office or for stock brokerage purposes, (viii) a restaurant and/or bar and/or the sale of confectionery and/or soda and/or beverages and/or sandwiches and/or ice cream and/or baked goods (except for a cafeteria for the use of Tenant's employees and invited guests), (ix) a school or classroom, (x) medical or psychiatric offices, (xi) conduct of an auction, (xii) gambling activities or (1) the conduct of obscene, pornographic or similar disreputable activities, (xii) any charitable, religious, union or other not-for-profit organization, or (xiv) any tax exempt entity within the meaning of Section 168(h)(2)(A) of the Internal Revenue Code of 1986, or any successor or substitute statute, or rule or regulation applicable thereto, as same may be amended.
(c) The Demised Premises shall not be used for If any illegal purposes, and Tenant shall not allow, suffer, governmental license or permit any vibration(other than a certificate of occupancy for the entire Building and/or the demised premises or equipment use permits for the HVAC Equipment (as hereinafter defined)), noise, odor, light or other effect to occur within or around shall be required for the Demised Premises that could constitute a nuisance or trespass for Landlord proper and lawful conduct of Tenant's particular business in the demised premises or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord part thereof (as opposed to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the 's use of the Demised Premises by demised premises for general offices), Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and submit the same to Owner for inspection. Tenant shall pay at all times comply with the terms and conditions of each such additional amount as Additional Rentlicense or permit.
Appears in 1 contract
Sources: Sublease (Media Metrix Inc)
Use of Demised Premises. (a) 4.1 The Demised Premises including all buildings or other improvements hereafter erected upon the same shall be used for such activities as may be lawfully carried on in and about the Permitted Use set forth Demised Premises. Tenant shall not use or occupy the same, or permit them to be used or occupied, contrary to any statute, rule, order, ordinance, requirement or regulation applicable thereto, or in Section 1(l) and for no any manner which would violate any certificate of occupancy affecting the same, or which would make void or voidable any insurance then in force with respect thereto or which would make it impossible to obtain fire or other purpose.
(b) Tenant will permit no liens insurance thereon required to attach be furnished hereunder by Tenant, or exist against which would cause structural injury to the improvements or cause the value or usefulness of the Demised Premises, or any portion thereof, substantially to diminish (reasonable wear and shall not commit any tear excepted), or which would constitute a public or private nuisance or waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant agrees that it will promptly, upon discovery of any such use, take all necessary steps to compel the discontinuance of such use. Further, Tenant shall not allowuse, store, or dispose of any so-called "hazardous wastes" or
4.2 Tenant shall not use, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in or any manner use the Demised Premises so as portion thereof, to cause cancellation ofbe used by Tenant, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided or the public, as such, without restriction or in such manner as might reasonably tend to Tenant by Landlord or any of impair Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining 's title to the Demised Premises, the Buildingor any portion thereof, or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the Building Common Areapublic, whether paid by Landlord as such, or Tenantthird persons, are increased over the least hazardous rate available due to the nature or of the use implied dedication of the Demised Premises Premises, or any portion thereof. Nothing in this Lease Agreement contained and no action or inaction by TenantLandlord shall be deemed or construed to mean that Landlord has granted to Tenant any right, Tenant shall pay power or permission to do any act or make any agreement that may create, or give rise to or be the foundation for any such additional amount as Additional Rentright, title, interest, lien, charge or other encumbrance upon the estate of Landlord in the Demised Premises.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l1(j) and for no other purpose.
(b) Tenant will permit no liens arising by, through or under Tenant to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for any tenant of Landlord or any occupant of the Building or occupying an adjoining building, its customers, agents, licensees or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or any restrictive covenant affecting the Demised PremisesPremises as shown by and included in the Permitted Encumbrances, including specifically, but without limitation, the Protective Covenants (as defined in Section 33), and shall not in any manner use the Demised Premises so as to cause cancellation of, or prevent the use of, or increase the rate of, of the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s 's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants covenants, including specifically, but without limitation, the Protective Covenants, and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. (a) 8.1 The Demised Premises shall be used for the Permitted Use set forth in Section 1(land occupied only as a warehouse/ and office facility (with incidental related uses) and for no other purpose.
(b) Tenant will permit no liens to attach use or exist against the Demised Premisespurpose without Landlord’s prior written consent, and shall not commit any waste.
(c) The Demised Premises which consent shall not be used for any illegal purposes, and unreasonably withheld. Tenant shall not allow, suffer, use or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by or any part thereof in any way which would violate any certificate of occupancy for the Demised Premises, or any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes, or in any unlawful manner and Tenant shall not suffer or permit the Demised Premises or any part thereof to be used in any manner, or anything to be done therein, or suffer or permit anything to be brought into or kept in the Demised Premises which, in the reasonable judgment of Landlord, shall in any way impair or interfere with the proper and economic heating, cleaning, air conditioning or other servicing of the Landlord’s Premises, or impair or interfere with the use of any of the other areas of the Landlord’s Premises; provided that, in no event shall the foregoing prevent tenant from using the Demised Premises as a warehouse/ and office facility.
8.2 If any governmental license or permit, including, without limitation, a certificate of occupancy shall be required for the proper and lawful conduct of Tenant’s business or other activity carried on in the Demised Premises, and if the failure to secure such license or permit would, in any way, affect Landlord, Tenant, at Tenant’s expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant’s expense, shall, at all times, comply with the terms and conditions of each such license or permit. Landlord shall obtain and deliver to Tenant an Occupancy Certification and Certificate of Occupancy respectively from the New Jersey Meadowlands Commission and the Borough of Carlstadt at the Commencement Date and thereafter, if a further Certificate of Occupancy or Occupancy Certification is required due to alterations or work at the Demised Premises by Tenant (other than the Allowance Work for which Landlord shall obtain all required Licneses, permits and certificates), the Landlord will provide reasonable assistance to the Tenant in obtaining such a Certificate of Occupancy or Occupancy Certification with Tenant to pay the governmental fee.
8.3 Tenant shall pay not do, nor permit to be done, anything in connection with its occupancy of the Demised Premises which will cause a cancellation or non-renewal of any insurance policy covering said Landlord’s Premises, or otherwise render Landlord’s Premises uninsurable.
8.4 Tenant shall not permit injury to the Demised Premises or to the Landlord’s Premises outside the Demised Premises by any action such additional amount as Additional Rent(1) Concentrating loads on floors, roofs or any other area beyond their capacity, (2) Depositing, or permitting the deposit of any item or substance into storm or sanitary sewer lines which might obstruct or damage same, (3) Discharging excessive quantities of water or any quality of effluent which might overtax or damage the sewer system or plant serving the Landlord’s Premises, (4) Making or permitting any installation or hole in any roof, exterior walls, floor, or outside area, without prior written permission from Landlord, (5) Producing any vibration liable to damage or weaken the structure of the Demised Premises or of the Landlord’s Premises or to undermine the ground supporting same.
8.5 Tenant shall not use or allow the Demised Premises to be used for any, unlawful purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Demised Premises; nor shall Tenant take actions which shall impair or cause revocation of any tax credits or abatements now or hereafter in effect for the Landlord’s Premises.
8.6 Tenant shall not commit or allow to be committed any physical waste in or upon the Demised Premises.
8.7 Tenant shall not use the Demised Premises or permit anything to be done in or about the Demised Premises, which will in any way conflict with any applicable law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, promptly comply with all applicable laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar bodies now or hereafter constituted relating to or effecting the condition, use or occupancy of the Demised Premises. 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 law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as between the Landlord and Tenant.
8.8 Tenant warrants and guarantees that its North American Industry Classification Number (NAICS) is 493110, that the Tenant shall not use or permit the Demised Premises to be used as an Industrial Establishment as defined by the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq. or any rules and regulations promulgated thereunder (collectively, “ISRA”), and that no explosive or highly flammable materials shall be stored, used, generated or disposed of at the Demised Premises.
8.9 Tenant warrants and guarantees that it is not now, and shall not be at any time throughout the Term, an entity with which a citizen of the United States is prohibited from transacting business by the Office of Foreign Assets Control, Department of the Treasury (“OFAC”), including, without limitation, the executive orders and/or lists published by OFAC. Tenant is and throughout the Term shall remain in compliance with all applicable provisions of the USA Patriot Act of 2001, Pub. L. No. 107-56, the Bank Secrecy Act of 1970, as amended, 31 U.S.C. Section 5311 et seq., the Trading with the Enemy Act, 50 U.S.C. App. Section 1 et seq., the International Emergency Economic Powers Act, 50 U.S.C. Section 1701 et seq., and the sanction regulations promulgated pursuant thereto by OFAC, or laws relating to prevention and detection of money laundering, 18 U.S.C. Sections 1956 and 1957.
8.10 Tenant shall not use, nor have access to the roof of the Demised Premises without Landlord’s prior consent in each instance, which consent may be withheld by Landlord in its sole and absolute discretion.
8.11 Landlord represents and warrants that (a) the use and occupancy of the Demised Premises for the uses permitted hereunder does not conflict with any law, statute, ordinance or governmental rule or regulation now in force or any easements, covenants, restrictions, agreements or encumbrances affecting title to the Demised Premises, (b) a permanent certificate of occupancy for the Demised Premises as they will exist on the Commencement Date is, or prior to the Commencement Date will be, in force and will not be violated by the use and occupancy of the Demised Premises for the uses permitted hereunder, (c) all other licenses and permits required for Tenant’s use and occupancy of the Demised Premises (other than any license or permit required for the conduct of Tenant’s particular business) is, or prior to the Commencement Date will be, in force and will not be violated by the use and occupancy of the Demised Premises for the uses permitted hereunder, and (d) on the Commencement Date, the heating, ventilating, air condition, plumbing, electrical, mechanical and other systems serving the Demised Premises will be in good working order, repair and condition, and the roof will be free of leaks.
Appears in 1 contract
Use of Demised Premises. (a) Section 5.01. The Lessee covenants and agrees to use the Demised Premises shall be used only for the Permitted Use set forth in Section 1(l) purposes of general office use only, and for no other purposepurpose without Lessor's prior written consent, which shall not be unreasonably withheld. Without limiting the generality of the foregoing, it shall be deemed reasonable for Lessor to withhold such consent in the event that Lessee's proposed use is not allowed as of right under the zoning by-laws then in affect or if such use is deemed by Lessor to be incompatible with the other uses then existing or reasonably anticipated at the Premises or the Unicorn Park Office Park or if such use is inconsistent with the uses typically permitted in a first-class suburban office building in the Boston metropolitan area.
Section 5.02. Lessee will not make or permit any occupancy or use of any part of the Demised Premises for any hazardous, offensive, dangerous, or unlawful occupation, trade, business or purpose or any occupancy or use thereof which is contrary to any law, by-law, ordinance, rule, permit or license, and will not cause, or permit any nuisance in the Demised Premises. The Lessee hereby agrees not to maintain or permit noises, odors, or conditions of the Demised Premises or any appurtenance thereto which are reasonably objectionable to other tenants of the Building. Except as otherwise provided below, no hazardous substances or oil shall be brought, kept or maintained on the Demised Premises by Lessee, any other occupant of the Demised Premises, or their agents, employees or contractors. No hazardous substances or oil shall be discharged on the Premises by Lessee, any other occupant of the Demised Premises, or their agents, employees or contractors. Customary office supplies may be maintained in amounts and in a manner consistent with reasonable commercial office practices and in compliance with all laws. Without limitation, hazardous substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended,
Section 5.03. Lessor and Lessee shall indemnify, defend with counsel reasonably acceptable to Lessor and hold the other, Lessor's managing agent and any mortgagee or ground lessor of the Premises, fully harmless from and against any and all liability, loss, suits, claims, actions, causes of action, proceedings, demands, costs, penalties, damages, fines and expenses, including, without limitation, reasonable attorneys fees, consultants' fees, laboratory fees and clean up costs, and the costs and expenses of investigating and defending any claims or proceedings, resulting from, or attributable to (bi) Tenant will permit no liens to attach the presence of any oil or exist hazardous substances on the Premises or the Demised Premises arising from the action or negligence of the party against whom indemnity is sought, its officers, employees, contractors, agents and invitees, or arising out of the generation, storage, treatment, handling, transportation, disposal or release by the party against whom indemnity is sought of any oil or hazardous substances at or near the Premises or the Demised Premises, and (ii) any violation(s) by the party against whom indemnity is sought of any applicable law regarding oil or hazardous substances. This hold harmless and indemnity shall survive the expiration of the term, but shall not commit any wasteinclude consequential damage or damage to or loss of personal property. Lessor warrants and represents that, to the best of its knowledge, no hazardous substances are located on the Premises in violation of applicable Environmental Laws and no violations of the Environmental Laws has occurred on the Premises.
(c) The Section 5.04. Except as provided in this Section 5.04, no sign, antenna or other structure or thing, shall be erected or placed on the Demised Premises or any part of the exterior of any building or on the land comprising the Premises or erected so as to be visible from the exterior of the Building without first securing the written consent of the Lessor. Lessee shall not be used for post any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within paper signs in or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant visible from the exterior of the Building or an adjoining buildingany interior common areas. Lessee's interior signage shall conform with Lessor's standard signage specifications. Lessee shall be given one standard sign to Lessor's specifications at the entry to Demised Premises and on the directory in the lobby of the Building. At the request of Lessee, its customersLessor shall install on the exterior portion of the Building facing Interstate 93 up to two signs supplied by Lessee and approved by Lessor, agentssuch approval not to be unreasonably withheld, conditioned or delayed; provided, however, that (i) such signs conform to all applicable law including, without limitation, any municipal sign ordinances and (ii) such installation, including any costs incurred in the course of obtaining any necessary permits and approvals, shall be at Lessee's sole cost and expense. Lessee may elect to install such sign(s) itself, subject to Lessor's prior written consent. In any case, such sign(s) shall be installed at a location mutually agreeable to Lessor and Lessee with the understanding that Lessee desires to have such sign (s) visible from Interstate 93 at the time of installation. Notwithstanding the foregoing, Lessee's rights to install and maintain a sign on the exterior of the Building shall cease if Lessee ceases to occupy 50,000 or more square feet of the Building. Lessor will not create any obstructions on the Premises that will interfere with the visibility of Lessee's sign(s) and Lessor further agrees to trim vegetation on the Premises to prevent such obstructions.
Section 5.05. Lessee will not permit any abandonment of the Demised Premises or any part thereof except
(a) to the extent caused by condemnation, (b) to the extent caused by damage to or alterations of the Demised Premises pending restoration thereof, or invitees(c) as herein otherwise specifically provided or consented to in writing by the Lessor. Upon notice The cessation of business operations by Landlord to Tenant that any of Lessee at the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant Demised Premises shall not in any way violate any law, ordinance or restrictive covenant affecting per se be considered abandonment if Lessee timely observes and performs all of its other obligations under this Lease and properly and with reasonable continuity monitors and maintains the Demised Premises, security of and shall not in any manner use at the Demised Premises so as to prevent any vandalism thereat or improper use thereof.
Section 5.06. Lessee will not cause cancellation ofor permit any waste, prevent the use ofoverloading, stripping, damage, disfigurement or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation injury of or warranty as to the Permitted Use being allowed Premises or the Demised Premises or any part thereof. Lessor reserves the right to prescribe the weight and position of all safes, business machines and mechanical equipment. Such installation shall be placed and maintained by Lessee, at Lessee's expense, in setting sufficient, in Lessor's judgment, to absorb and prevent vibration, noise and annoyance.
Section 5.07. Reasonable rules and regulations, provided the same are not inconsistent with or being in compliance with any applicable lawslimitation of the provisions of this Lease and are applied to all tenants equally, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premisescleanliness, safety, occupation and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises and common areas of the Premises, shall be observed by Tenantthe Lessee, Tenant shall pay its employees, agents, customers and business invitees. Lessor agrees to provide written notice to Lessee of such additional amount as Additional Rent.rules and regulations prior the effective date thereof or any amendment thereto
Appears in 1 contract
Sources: Lease Agreement (Fairmarket Inc)
Use of Demised Premises. (a) The Lessee shall operate its business in the Demised Premises under the trade names Tel-Com Wireless Cable TV, International Broadcast Corporation, Fifth Avenue Channel, or such other name which is approved by Lessor, and no other trade name and the Demised Premises shall be occupied and used for the Permitted Use set forth in Section 1(lpurpose of a general office (the "PERMITTED USE") and for no other purpose. Lessee hereby warrants, that it has the full and unfettered right to use Lessee's trade name and that said use will not in any way infringe on the rights of others. The foregoing specific use is a material consideration to Lessor in order that there will be maintained within the Shopping Center an appropriate tenant mix so as to achieve the maximum gross sales for all tenants and to assure the continued operation of a specialty shopping center development.
(b) Tenant will permit no liens to attach or exist against Throughout the term of the Lease, the decor and fixturing of the Demised Premises, Lessee's merchandise and shall not commit any waste.
(c) The the operation of Lessee's business conducted in the Demised Premises shall not be used for any illegal purposesconsistent with the operation of a "first-class", and Tenant "high-quality", general office use as those standards of operation may be interpreted from time to time during the term of this Lease (as opposed to a "general", "promotional" or "self-service" store or business). Lessee shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around operate its business at the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant in as respectable, reputable, tasteful, competent and dignified manner in order to enhance the image of the Building or an adjoining building, its customers, agents, or inviteesShopping Center as a specialty shopping center offering quality name brand merchandise and services and as a desirable place to shop. Upon notice by Landlord to Tenant that any The description of the aforesaid prohibited uses are occurringstandards of operation of the business conducted in the Demised Premises as "first class", Tenant agrees "high quality" general office use as opposed to promptly remove "general", "promotional" or control "self -service" is intended only as a description of the same.
(d) Tenant shall not general quality of the merchandise or services Lessee may sell and the general quality of customer service, merchandising, fixturing and decor Lessee must maintain in any way violate any law, ordinance or restrictive covenant affecting the operation of the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall be used solely by the CITY for the Permitted Use set forth in Section 1(l) storage and maintenance of Trolleys and for no other purpose.
(b) Tenant . The CITY covenants and agrees to accept the Demised Premises in its “as-is”, “where-is” condition and basis with all faults as of the Effective Date of this Agreement, subject to all easements, covenants or other encumbrances of record. The BOARD makes no representations or warranties of any type or nature whatsoever, either expressed or implied, as to the usefulness, physical condition or appropriateness of the Demised Premises for the CITY’S operations or any specific use. The CITY, by executing this Agreement, agrees and acknowledges that the BOARD has made no representations whatsoever regarding the Demised Premises or balance of the Site. The CITY represents that it is relying and will permit no liens continue to attach rely solely on its own investigations of the Demised Premises in its decision to occupy or exist against use it, and the CITY further acknowledges and agrees that the BOARD shall not indemnify the CITY in any way with respect to condition of the Demised Premises. The provisions of this paragraph shall survive the expiration or the early termination or cancellation of this Agreement. If, subsequent to the Effective Date of this Agreement, but prior to the Commencement Date, a determination is made by the CITY that the Demised Premises is not viable for its intended purposes, the CITY shall so notify the BOARD in writing, and, subject to the provisions of Article XX, this Agreement shall terminate as of the date of said notification, and be of no further force and effect. Effective with the Commencement Date, the CITY shall have use of the Demised Premises at all times. However, should the BOARD require use of some or all of the paved parking area for a special event or function or any other reason, the BOARD shall request said use through the CITY’S designated representative, with a minimum of seventy-two (72) hours advance notice (“BOARD’S Interim Use”). Approval of said requests shall not be unreasonably withheld, provided such use does not conflict with the CITY’S operations or previous obligations. Notwithstanding the above, the BOARD reserves the right, in its sole discretion, to modify the exact location and layout of the paved parking area allocated to the CITY as a part of the Demised Premises. Such modification will be done with a minimum of seventy-two (72) hours advance notice and in consultation with the CITY representative, to minimize any impact on the CITY’S Trolley operations. The BOARD and CITY shall coordinate as necessary to assure the CITY’S use of the Demised Premises does not impact or restrict the BOARD’S use of the Site, and that the balance of the Site will remain functional for BOARD operations. The CITY shall secure and lock all perimeter and parking lot gates impacted by its use of the Demised Premises at the completion of its use on a daily basis, if required and directed by the BOARD’S Site Administrator. In addition to any financial requirements included as a part of Articles VII and IX of this Agreement, the CITY agrees to pay the BOARD for any costs of any type or nature borne by the BOARD, beyond those normally associated with the BOARD’S operations at the Site, as a result of the CITY’S use and occupancy of the Demised Premises (e.g. excess utility costs, staff overtime costs, etc.). The use of the Demised Premises for carnivals, fairs, exhibits, mechanical rides, midways, or the same or similar kinds of activities is expressly prohibited. The sale or consumption of alcoholic beverages on the Demised Premises is expressly prohibited. Neither Party shall commit nor permit any waste.
(c) The violations of applicable laws, rules and regulations of the BOARD, CITY, Miami-Dade County, State, or Federal government upon the Site. Other than as specifically required for the storage, parking and maintenance of Trolleys under this Agreement, the CITY agrees that the Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, sufferstorage of maintenance materials, or permit any vibration, noise, odor, light for the storage or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant long-term parking of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premisesvehicles, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunderremove all unauthorized vehicles stationed thereon. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees The CITY shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use provide proper supervision of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rentand keep it safe and secure during its use.
Appears in 1 contract
Sources: Lease Agreement
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purposepurpose without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant Priority Fulfillment Services, Inc. Lease Agreement — Stateline Business Park Bldg. H Initial Initial that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. hereunder Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use or the Initial Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s 's agents or employees shall be for informational purposes only, and, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use and the Initial Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent. Landlord shall promptly notify Tenant of any such increase, but any failure to so notify shall not operate to relieve Tenant of the obligation to pay such additional amount.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises 3.1 Tenant agrees that the demised premises shall be used solely for the Permitted Use set forth purpose of conducting a manufacturing operation and in Section 1(l) conjunction therewith to make sales of manufactured products from the demised premises and for no to engage generally in other purposetypes of business normally associated with a manufacturing operation including, but not limited to, related office functions and warehousing.
3.2 The Tenant shall not use or occupy, nor permit the Demised Premises or any part thereof to be used or occupied, for any unlawful business, use or purpose, nor for any purpose or in any manner which is in violation of any federal, state, or municipal laws, ordinances or regulations. The Tenant shall, at its sole expense, comply with all laws, orders and regulations of federal, state, and local authorities, including any and all municipal, state or federal environmental laws, orders and regulations, and with any direction of any public officer, pursuant to law, which shall impose any duty upon the Tenant with respect to the Demised Premises. The Tenant shall, at its sole expense, obtain all licenses and permits which may be required for the conduct of its business within the terms of this Lease, or for the making by the Tenant of repairs, replacements, alterations, improvements or additions permitted or required in accordance with the other provisions of this Lease. The Tenant shall indemnify and hold the Landlord harmless from any costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims, and demands, including reasonable attorneys' fees, resulting from, otherwise due to, or arising
(b1) the violations by the Tenant will permit no liens to attach of any federal, state, or exist against municipal law, rule, order, ordinance, or regulation; (2) the occupancy or use of the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of part thereof, by the Building Tenant or an adjoining buildingthe Tenant's employees, its customersagents contractors, agentslicensees, or invitees; or (3) any failure by the Tenant to perform its obligations under this Lease. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining that the Landlord shall, without fault on the Landlord's part, be made a party to any litigation commenced by or against the Tenant, then the Tenant shall protect and hold the Landlord harmless and shall pay all costs, expenses, and reasonable attorneys' fees incurred or paid by the Landlord in connection with such litigation. The Tenant shall pay, satisfy and discharge any and all judgements, orders and decrees which may be recovered against the Landlord which are subject to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rentforegoing indemnification provisions.
Appears in 1 contract
Use of Demised Premises. Use 8.
(a) The Demised Tenant covenants and agrees that the Premises shall be used and occupied for the Permitted Use set forth in Section 1(l) purposes of _______________________, and for no other purposepurpose or purposes whatsoever, save for those additional uses to which the Landlord, in its sole and absolute discretion, consents in writing.
(b) The Tenant shall comply promptly with and conform of Laws to the requirements of all applicable statutes, by-laws, laws, regulations, ordinances and orders from time to time or at any time in force during the Term of this Lease and affecting the condition, equipment, maintenance, use or occupation of the Premises or fire insurance company by which the Landlord and the Tenant or either of them may be insured at any time during the Term hereof, and, in the event of the default of the Tenant under the provisions of this subclause, which the Tenant upon receiving written notice, fails to care, the Landlord may itself comply with any such requirement as aforesaid and the Tenant will permit no liens to attach or exist against forthwith pay all costs and expenses incurred by the Demised Premises, Landlord in this regard and the Tenant agrees that all such costs and expenses shall not commit any wastebe recoverable by the Landlord as if the same were Additional Rent reserved and in arrears under this Lease.
(c) The Demised Tenant covenants that it will not erect on, fix Wall or fasten to the roof or to the outside walls of the Premises any television or radio antenna, sign, fixture or attachment of any kind whatsoever without first receiving the Landlord's written consent thereto, which consent shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the sameunreasonably withheld.
(d) The Tenant shall not in do or suffer any way violate waste or damage, Nuisance disfiguration or injury to the Premises or the fixtures and equipment thereof nor permit or suffer any law, ordinance or restrictive covenant affecting overloading of the Demised Premises, floors thereof and shall not in use or permit to be used any manner use part of the Demised Premises so as for any dangerous, noxious or offensive trade or business and shall not do anything or permit anything to cause cancellation ofbe done upon or about the Premises nor anything to be brought thereon which may reasonably be deemed to be a nuisance, prevent the use ofannoyance, grievance, damage or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as disturbance to the Permitted Use being allowed by occupiers or being in compliance with any applicable laws, rules, ordinances owners of the Building and of adjacent lands or restrictive covenants now or hereafter affecting premises as the Demised Premisescase may be, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that the Tenant shall conduct take every reasonable precaution to protect the Premises and rely solely on its own due diligence and investigation with respect to the compliance Building from danger of fire, water damage or the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employeeselements.
(e) In The Tenant shall not install or use any Systems electrical or other equipment or electrical arrangement which may overload the event insurance premiums pertaining electrical or other service facilities unless it does so with the express written consent to the Demised Premises, Landlord and at its own expense makes whatever changes are necessary to comply with the Building, or reasonable and lawful requirements of the Building Common Area, whether paid by Landlord or Tenant, are increased over Landlord's insurance underwriters and governmental authorities having jurisdiction and in any event the least hazardous rate available due Tenant shall make no changes until it first submits plans and specifications to the nature Landlord for its prior written approval which approval shall not be unreasonably withheld. Rules and (f) The Tenant covenants and agrees to observe and perform Regulations all rules and regulations which may now or hereafter be promulgated by the Landlord and all of such rules and regulations now or hereafter in force shall be read as forming part of the use terms of this Lease as if the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rentsame were embodied herein.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l1(1) and for no other purposepurpose whatsoever, except as provided to the contrary in this subsection (a). If Tenant or any permitted assignee or subtenant desires to change the Permitted Use, Tenant shall submit to Landlord a written request setting forth in detail the nature of the additional or altered Permitted Use proposed by Tenant or a permitted or proposed assignee or subtenant (the “Altered Use”). Landlord agrees that Landlord may not unreasonably withhold, delay or condition its consent to the proposed Altered Use, subject to the conditions that such Altered Use shall never extend to or allow the use or storage of (A) radioactive, explosive, highly flammable or biohazardous materials at the Demised Premises or any materials which, when present in the Demised Premises, emit a noticeable and persistent odor or fumes (e.g., tires of any nature, which are strictly prohibited), (B) any product or material which, under applicable Governmental Requirements (as defined in Section 15), would require any alteration of the Demised Premises (e.g., special safety measures for explosive or highly flammable materials, special security measures for controlled substances or freezer/coolers for food products), (C) bulk quantities of chemicals or paint or petroleum (or distillates thereof), in any size container, or the use or storage of any other product or material wherein a Hazardous Substance (as defined in Section 16) constitutes the principal or a primary component of such product or material, (D) any product or material which, in the reasonable judgment of Landlord, will result in a material increase in the risk of Contamination (as defined in Section 16) at the Demised Premises or (E) any product or material which, in the reasonable judgment of Landlord, will result in a material increase in the wear and tear on the Demised Premises, as compared to wear and tear on the Demised Premises generated by the initial Permitted Use. Landlord shall, within ten (10) business days after receipt of the written notice from Tenant regarding a proposed Altered Use, give written notice to Tenant approving or disapproving the proposal. A notice of approval may contain reasonable conditions, based on the nature of the proposed use. If the written notice from Landlord disapproves the proposed use. the reasons for such determination shall be set forth in reasonable detail. The provisions of this Section 7(a) are not intended to and will not restrict the original Permitted Use as described in Section 1(1) of this Lease or the construction by Tenant of improvements in the Demised Premises in accordance with Section 17 and Special Stipulation 5.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute either (i) violates applicable Governmental Requirements (as defined in Section 15 below) or (ii) constitutes a nuisance or trespass for under applicable law with respect to Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Landlord acknowledges that Tenant’s use of the Demised Premises shall include the preparation and testing of candles and waxes, which testing will likely result in fragrant emissions from the Demised Premises. Preparation shall include the use of pilot plant equipment, compression equipment, coating equipment, and melt filling of candles. Because Tenant does not, on the Lease Date, operate a facility comparable to the facility which Tenant will install in the Demised Premises, neither Landlord nor Tenant can accurately predict the intensity of the odors which will be generated by Tenant in connection with the Permitted Use. The term “odor”, as used in this subsection (d) and in subsection (e), below, is intended to mean any smell of any nature, and not just smells which might be characterized as malodorous. Landlord has expressed concern that, even if the odor generated by Tenant does not violate subsection (c) above, the odor could reach a level which would cause frequent and serious complaints by other tenants in the Building or by tenants in other buildings in the Project which are owned by IDI or affiliates of IDI (the “Other Tenants”). Tenant has advised Landlord that Tenant is unwilling to alter its activities based on any subjective determination by Landlord that the level of odor is unacceptable. In order to address the concerns of Landlord and Tenant with respect to odor from the Demised Premises which does not violate subsection (c), above, Landlord and Tenant have agreed on the procedures and provisions set forth in this subsection (d). If Landlord receives, at any time during the Term, three (3) or more written complaints in the aggregate within a period of six (6) months from three (3) or more Other Tenants regarding odors generated by the Permitted Use (the “Other Tenant Complaints”), and the odor giving rise to such Other Tenant Complaints does not violate subsection (c) above, then Landlord will be entitled to provide to Tenant copies of such Other Tenant Complaints and request that Tenant undertake a review of its operation in the Demised Premises and determine whether or not Tenant is using commercially reasonable practices to control the emission of odors from the Demised Premises. Tenant will respond to the written notice within ten (10) business days after receipt of the notice from Landlord and Landlord will meet with Tenant upon reasonable prior request to assess the Other Tenant Complaints and possible responsive measures by Tenant. In its written response, Tenant will either (i) identify changes in its practices affecting odor control which will be instituted or (ii) advise Landlord that Tenant has determined that no changes are required because commercially reasonable practices for odor control are already being utilized. The term “commercially reasonable practices”, as used in this subsection (d), is intended to include the use or installation of equipment or alterations of existing equipment and/or the utilization of maintenance practices or operating procedures which are (1) consistent with then current technology for odor control, (2) frequently or routinely used by operators comparable to Tenant for the purpose of odor control, and (3) available at a cost which is commercially reasonable, giving due regard to size of the business operation of Tenant and the amount of reduction of odor to be achieved in relation to the cost of the equipment or maintenance required to achieve the reduction. Landlord will have the right to notify Tenant, in response to its notice, whether or not Landlord concurs with the determination by Tenant. If Landlord and Tenant cannot reach agreement on whether or not Tenant is utilizing commercially reasonable practices to control the emission of odors from the Demised Premises, then Landlord will have the right to require arbitration to resolve the disagreement in the manner hereinafter specified in Section 7(e) below,
(e) If Landlord disagrees with the determination of Tenant that Tenant is using commercially reasonable practices to control the emission of odors from the Demised Premises, Landlord may elect by written notice to Tenant (the “Arbitration Notice”) to submit such matter to be decided by an independent third party (“Arbitrator”) mutually satisfactory to Landlord and Tenant who shall be a Certified Industrial Hygienist in the State of Illinois having at least fifteen (15) years’ experience in the field of air quality control. Landlord shall propose in its notice to Tenant an Arbitrator meeting the foregoing criteria, and Tenant shall within five (5) business days after receipt of such Arbitration Notice notify Landlord in writing of its acceptance of such Arbitrator as so designated by Landlord, or if Tenant is not prepared to accept the Arbitrator designated by Landlord, then Tenant shall designate an Arbitrator satisfactory to it for purposes of conducting such arbitration. The one Arbitrator mutually-satisfactory to Landlord and Tenant, or the two Arbitrators separately designated by each of Landlord and Tenant (if Landlord and Tenant fail to agree on the selection of one Arbitrator) shall within five (5) business days after engagement meet with the representatives of Landlord and Tenant for the purpose of gaining information with respect to the nature of the dispute between Landlord and Tenant, and shall decide such dispute without delay and as promptly as reasonably possible under the circumstances. In the event separate Arbitrators are selected by Landlord and Tenant and such parties cannot agree upon the matter submitted to them, such Arbitrators shall within five (5) business days after reaching such impasse select a third Arbitrator mutually-satisfactory to the two Arbitrators, and thereafter the third Arbitrator shall promptly decide the matter submitted by Landlord and Tenant to arbitration pursuant to the foregoing. Each party shall pay the cost and expense of any Arbitrator engaged by it, provided that both parties shall share equally the costs of any single Arbitrator who is mutually satisfactory to Landlord and Tenant or mutually satisfactory to the Arbitrators selected by Landlord and Tenant. If the Arbitrator determines that there are additional, commercially reasonable practices which should be instituted by Tenant to control the emission of odors from the Demised Premises, Tenant will, at the expense of Tenant, promptly carry out the recommendations of the Arbitrator and provide to Landlord reasonable evidence of the completion of the required work; provided, however, that in lieu of performing such work, Tenant shall have the right to elect to cease or reduce the activities in the Demised Premises which give rise to the emission of odors from the Demised Premises. If the Arbitrator determines that Tenant is using commercially reasonable practices to control the emission of odor from the Demised Premises, then Tenant will not be required to take any further action with respect to such Other Tenant Complaints presented by Landlord which were the basis for the arbitration. The decision of such Arbitrator(s) shall be issued in writing, shall be final and binding on both Landlord and Tenant with respect to such Other Tenant Complaints and shall not be subject to further review by either Landlord or Tenant. Landlord will be entitled to initiate a subsequent arbitration in the manner described in this subsection (e) if (i) additional complaints are received from tenants that were not the Other Tenants in the prior Other Tenant Complaints or (ii) are based on odors generated by a change in Tenant’s sources, materials, procedures or equipment since the prior arbitration.
(f) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.required
Appears in 1 contract
Sources: Industrial Lease Agreement (Elevance Renewable Sciences, Inc.)
Use of Demised Premises. (a) The 4.01. Subtenant shall use and occupy the Demised Premises shall be used for the Permitted Uses only, and Subtenant shall at all times comply with all Legal Requirements. Subject to Article 33 hereof, if a Certificate of Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens shall be required pursuant to attach or exist against municipal ordinance to effectuate use of the Demised Premises, Sublandlord shall procure same, at Sublandlord's expense, and Subtenant shall maintain same and shall comply with the terms thereof. Subject to Article 33 hereof, if a Certificate of Occupancy shall be required pursuant to municipal ordinance for the proper and lawful conduct of Subtenant's business in the Demised Premises, Sublandlord, with Subtenant's cooperation as necessary and at Subtenant's * cost and expense, shall procure same diligently and forthwith, and Subtenant shall comply with the terms thereof. Sublandlord shall be solely responsible, at Sublandlord's cost and expense for engaging the Architect to prepare the Plans, as defined in Article 1 of this Sublease. Subtenant shall not commit at any waste.
time use or occupy, or do or permit anything to be done in the Demised Premises, in any manner which (a) violates the Certificate of Occupancy, the Certificate of Use or other certificate issued by the municipality for the Demised Premises or for the Building or any zoning ordinance; (b) causes or is liable to cause injury to the Building or any equipment, facilities or systems therein or require replacement thereof; (c) The constitutes a violation of the Legal Requirements or Insurance Requirements; or (d) impairs or tends to impair the proper and ---------------------- * landlord economic maintenance, operation and repair of the Building and/or its equipment, facilities or systems.
4.02. Subtenant shall not and hereby represents, warrants and covenants that it will not generate, manufacture, refine, transport, treat, store, handle or dispose of hazardous substance or wastes, as defined in ECRA, now ISRA, N.J.S.A. 13:1K-6 ET SEQ. and P.L. 1993, C. 139 (collectively "ISRA"), the Spill Compensation and Control Act, N.J.S.A. 58:10-23:11 ET SEQ., or any other federal or state environmental law, in or on the Demised Premises other than those in connection with Subtenant's Permitted Use. Should Subtenant cause any hazardous substance or waste, to be discharged in or on the Demised Premises, Subtenant shall, at its sole cost and expense, clean up such discharge in accordance with all applicable laws. Prior to cessation of Subtenant's operation at the Demised Premises, Subtenant shall demonstrate compliance with ISRA by delivering to the Sublandlord any of the following ISRA approvals (the "ISRA" Approvals):
(I) a letter from the New Jersey Department of Environmental Protection and Energy ("NJDEPE") certifying that ISRA does not apply to the cessation of Subtenant's operation at the site, or
(II) a no further action letter or "Negative Declaration" approved by the NJDEPE pursuant to ISRA, or
(III) a certification or letter of compliance that an approved clean-up or remediation plan has been completed. Subtenant shall pay all filing fees and expenses, including any testing and remediation expenses, required to obtain the foregoing except that Sublandlord shall pay for any environmental cleanup not caused by Subtenant, that is required as a result of compliance herewith. Sublandlord shall fully cooperate with Subtenant and provide all reasonably necessary information for Subtenant's compliance. Subtenant shall indemnify and hold Sublandlord harmless from and against any liability including attorney fees, incurred by the Sublandlord as a result of the Subtenant's failure to comply with the requirements of this Article. Subtenant shall keep Sublandlord informed of all such proceedings and shall timely provide Sublandlord with copies of all relevant documents. If Subtenant fails to obtain an ISRA Approval prior to its ceasing operations at the Demised Premises, then, in addition to any other remedy available to Sublandlord, Sublandlord may deem Subtenant to be a holdover Subtenant until such time that an ISRA Approval is obtained. Notwithstanding the foregoing, if Subtenant is proceeding with due diligence and dispatch to obtain same, Subtenant shall be responsible for only regular Fixed Rent (not 150% of Fixed Rent) and other charges which accrue under this Sublease. This provision shall survive termination of the Sublease. In the event Subtenant fails to timely comply with its obligations under this Article, then Sublandlord, at its option, may do so on behalf of Subtenant at Subtenant's cost and expense.
4.03. Notwithstanding the foregoing, it is understood and agreed that Sublandlord shall be responsible for the cost of compliance with Legal Requirements and Insurance Requirements which are applicable generally to the Building and not the result of Subtenant's specific use, provided, however, Subtenant shall not be used for responsible to comply with any illegal purposes, Legal Requirements and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect Insurance Requirements relating to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant structure of the Building or an adjoining building, its customers, agents, relating to conditions or invitees. Upon notice by Landlord to Tenant that any repair which are the responsibility of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the sameSublandlord under this Sublease.
(d) Tenant shall not in any way violate any law4.04. Notwithstanding the foregoing, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use if compliance with ISRA becomes necessary at the Demised Premises so because of any ISRA triggering event initiated by Sublandlord or Superior Lessor, as to cause cancellation ofthe case may be, prevent Sublandlord shall pay for all costs incurred in obtaining an ISRA Approval and Subtenant shall fully cooperate with Sublandlord in completing and seeking a letter of non-applicability from the use of, or increase the rate of, the fire NJDEPE and extended coverage insurance policy required hereunder. Landlord makes no (Sublandlord shall indemnify and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information hold Subtenant harmless from any governmental agency or other third party provided and all liability, costs and expenses, including without limitation, reasonable attorneys fees, incurred by Subtenant as a result of Sublandlord's failure to Tenant by Landlord or any comply with the requirements of Landlord’s agents or employees this Article. Sublandlord shall be for informational purposes onlycomply with ISRA and all requirements of NJDEPE at Sublandlord's sole expense, Tenant hereby expressly acknowledging and agreeing except that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant Subtenant shall pay such additional amount for any environmental cleanup caused by Subtenant that is required as Additional Renta result of compliance herewith.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purposepurpose without Landlord's consent, which consent shall not be unreasonably withheld.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or inviteespremises. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, of the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s 's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable -4- <PAGE> laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent, provided Tenant is given reasonable prior notice of such impending increase and an opportunity to cease or modify such use.
Appears in 1 contract
Sources: Industrial Lease Agreement
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same. Notwithstanding the foregoing, Landlord acknowledges and agrees that this subparagraph (c) shall not be deemed to prohibit vibrations, odors and/or noises that are customarily associated with the operation of a warehouse facility for the uses permitted herein including, without limitation, loading and unloading of trucks, and the use of conveyor belts, generators, and heating, ventilating and air conditioning units and air compressors.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Except as expressly set forth below in this subsection 7(d), Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s 's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees. Landlord hereby represents to Tenant that, as of the Lease Date, (i) neither the current zoning classification applicable to the Demised Premises nor the Declaration of Protective Covenants established by Landlord and currently encumbering the Building (the "Declaration") prohibits Tenant from operating a warehouse/distribution facility for the Initial Use twenty-four (24) hours a day, three hundred sixty-five (365) days a year, and (ii) none of the title exceptions listed in Schedule B-Section 2 of the copy of that certain Lawyer's Title Insurance Company lender's title insurance policy having Bank of America (as hereinafter defined) as the insured, a copy of which has been delivered by Landlord to Tenant, prohibits Tenant from conducting general warehousing and distribution operations within and from the Demised Premises.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, to the extent such increase is solely a result of Tenant's use of the Demised Premises, Tenant shall pay such additional amount as Additional Rent, provided Landlord's insurance company delivers to Tenant a certification showing the manner in which Tenant's use has brought about such increase. To Landlord's actual knowledge, as of the Lease Date Tenant's use of the Demised Premises for the Permitted Use (as opposed to Tenant's manner of use) shall not cause an increase in Landlord's insurance rates.
Appears in 1 contract
Sources: Industrial Lease Agreement (Barnesandnoble Com Inc)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l1(j) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for any tenant of Landlord or any occupant of the Building or occupying an adjoining building, its customers, agents, licensees or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same. Without limiting the foregoing, Landlord agrees to use reasonable efforts to execute any special use permits, special exception, variance or waiver sought by Tenant, all at no cost or expense to Landlord, provided that Tenant's use of the Demised Premises remains at all times in compliance with the provisions of this Section 7.
(d) Tenant shall not in any way violate any law, ordinance or any restrictive covenant affecting the Demised PremisesPremises as shown by and included in the Permitted Encumbrances, including specifically, but without limitation, the Protective Covenants (as defined in Section 33), and shall not in any manner use the Demised Premises so as to cause cancellation of, or prevent the use of, or increase the rate of, of the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s 's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants covenants, including specifically, but without limitation, the Protective Covenants, and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Sources: Industrial Lease Agreement (Global Directmail Corp)
Use of Demised Premises. (a) The Tenant covenants and agrees to use and occupy the Demised Premises shall be used only for contract manufacturing, assembly, warehousing, and such other uses typically engaged in by Tenant in the Permitted Use set forth in Section 1(l) course of Tenant’s operations and business, and incidental administrative office uses, and for no other purpose.
(b) purposes whatsoever, without the prior written consent of Landlord which Landlord may grant or refuse in Landlord’s sole discretion. Tenant will permit no liens expressly acknowledges that Landlord or its agents have not made any representations as to attach the suitability of the Demised Premises for the use stated above and Tenant has been advised by Landlord, or exist its agents, to make Tenant’s own independent determination as to the suitability of the Demised Premises to the stated use, and any related zoning or other laws, ordinances, regulations and/or directives or any applicable covenants, and restrictions affecting the Demised Premises which may limit or restrict the stated use. Tenant shall indemnify and hold Landlord harmless against any requirements for building and/or building systems, alterations that may be required by any local, state or federal codes as a result of Tenant’s occupancy of the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and . Tenant shall not allow, suffer, use or permit any vibration, noise, odor, light or other effect to occur within or around use of the Demised Premises that could constitute a nuisance which creates any safety or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agentsenvironmental hazard, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
which would: (di) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining dangerous to the Demised Premises, the Building, the Park or other tenants, or (ii) be a nuisance to other tenants of the Building or the Building Common AreaPark, whether paid by or (iii) cause any increase in the premium cost for any insurance which Landlord or Tenant, are increased over the least hazardous rate available due may then have in effect with respect to the nature of Building or the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional RentPark generally.
Appears in 1 contract
Sources: Lease Agreement (Unilife Corp)
Use of Demised Premises. (a) The 4.01. Tenant shall use and occupy the Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposesUses, and Tenant shall not allow, suffer, use or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of suffer the use of the Demised Premises or any part thereof for any other purpose.
4.02. If any governmental license or permit, shall be required for the proper and lawful conduct of Tenant’s business in the Demised Premises or any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit the same to Landlord for inspection. Tenant shall at all times comply with the terms and conditions of each such license or permit. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy the Demised Premises, or do or permit anything to be done in the Demised Premises, in any manner which (a) violates the certificate of occupancy or certificate of continued occupancy (a “Certificate of Occupancy”) for the Demised Premises or for the Building; (b) causes or is liable to cause injury to the Building or any equipment, facilities or systems therein; (c) constitutes a violation of the Legal Requirements or Insurance Requirements; (d) impairs or tends to impair the character, reputation or appearance of the Building; (e) impairs or tends to impair the proper and economic maintenance, operation and repair of the Building and/or its equipment, facilities or systems; or (f) annoys or inconveniences or tends to annoy or inconvenience other tenants or occupants of the Building.
4.03. Tenant shall not conduct any warehouse sale at the Demised Premises without Landlord’s prior written consent. Outlet store sales from the Retail Premises permitted by paragraph R2 of the Rider to this Lease shall not be considered warehouse sales for purposes of this Section 4.03. Provided Tenant is not in default of its obligations under this Lease, Landlord agrees not to unreasonably withhold its consent to not more than three (3) warehouse sales in any consecutive twelve (12) month period. Tenant shall pay to Landlord as an Additional Charge, an amount equal to five percent (5%) of Gross Receipts (as hereinafter defined) from any warehouse sale conducted at the Demised Premises, payable within fifteen (15) days after the warehouse sale. Tenant shall comply, at Tenant’s sole cost and expense with all Legal Requirements with respect to any warehouse sale. Any warehouse sale conducted by Tenant shall be not more than four (4) consecutive days in duration. As used herein Gross Receipts shall mean the dollar aggregate of: (a) the actual sales price of all goods and merchandise sold, leased or licensed and the charges for all services performed by Tenant or otherwise in connection with all business conducted at such warehouse sale, whether made for cash, by check, credit or otherwise, without reserve or deduction for inability or failure to collect the same, including, without limitation, sales and services (i) where the orders therefor originate at or are accepted at or from the Demised Premises, whether delivery or performance thereof is made at or from the Demised Premises or any other place, it being understood that all sales made and orders received at or from the Demised Premises shall be deemed to have been made and completed therein even though the orders are fulfilled elsewhere or the payments of account are transferred to some other office for collection, and (ii) where the orders therefor result from solicitation off the Demised Premises but which are conducted by personnel operating from or reporting to or under the control or supervision of any person at the Demised Premises, and (b) all monies or other things of value received by Tenant from its operations at the Demised Premises (which are not excluded from Gross Receipts by the next succeeding sentence) including all finance charges, cost of gift or merchandise certificates and all deposits not refunded to customers. Gross Receipts shall not include (x) the exchange of merchandise between stores of Tenant where such exchange is made solely for the convenient operation of Tenant’s business and neither for the purpose of depriving Landlord of the benefits of a sale which would otherwise be made at or from the Demised Premises nor for the purpose of consummating a sale which has been theretofore made at or from the Demised Premises, or (y) the amount of any city, county, state or federal sales tax, luxury tax or excise tax on sales if the tax is added to the selling price and separately stated and actually paid to the taxing authority by Tenant; provided, however, no franchise or capital stock tax and no income or similar tax based upon income, profits or Gross Receipts shall be deducted from Gross Receipts in any event whatsoever. Cash or credit refunds made upon transactions included within the Gross Receipts, but not exceeding the selling price of merchandise returned by the purchaser and accepted by Tenant, shall be deducted from the Gross Receipts for the period when such refunds are made. Each charge or sale upon installment or credit or layaway, so called, shall be treated as a sale for the full price irrespective of the time when Tenant shall pay such additional amount as Additional Rentreceive payment from its customer. For purposes of this paragraph the word “Tenant” shall include any of Tenant’s subtenants, concessionaires and licensees.
Appears in 1 contract
Sources: Lease Agreement (Vs Direct Inc.)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purposepurpose without Landlord's prior written consent, which consent shall not be unreasonably withheld.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s 's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent. Landlord shall promptly notify Tenant of any such increase.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purposepurpose without Landlord’s prior written consent, which consent may be withheld in Landlord’s reasonable discretion.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Sources: Industrial Lease Agreement (Tandy Brands Accessories Inc)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purposepurpose without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant will permit no liens to attach or exist against the Demised PremisesPremises (other than for ad valorem real property taxes for the current year), and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute constitutes a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s 's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent. Landlord shall promptly notify Tenant of any such increase.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall be used by Tenant solely and exclusively for research in the Permitted Use set forth in Section 1(l) healthcare field of biopharmaceutics and biotechnology, and for no other purpose.
(b) general office and administrative functions. Tenant's uses may include the discovery, development, testing and analysis of biopharmaceutical and biotechnological products intended for therapeutic, preventive or diagnostic use, quality control, new product development, purification of drug product components for use elsewhere, clinical trials, and bulk storage of finished product in the feasibility stage. Except in connection with the activities described above, the manufacture of products for sale or distribution is expressly prohibited. The use of animals in the Demised Premises for any research activity is expressly prohibited. All such uses shall be conducted strictly in accordance with Landlord's rules, the rules, regulations, ordinances and laws of all governmental units having jurisdiction over such use, and all of the terms and conditions of this Agreement. Landlord acknowledges that Tenant will permit no liens intends to attach or exist against conduct proprietary activities in the Demised Premises and agrees that Landlord's employees, agents and invitees are prohibited from entering the Demised Premises, except as authorized in this Agreement. Tenant shall be responsible to take all safeguards necessary to avoid disclosure of its confidential information, and Landlord shall reasonably cooperate with Tenant in this regard, including, if requested by Tenant, the temporary cessation of one or more optional services to be provided to the Demised Premises by Landlord, but the periodic charges relating to such services shall not commit any waste.
(c) The Demised Premises cease, unless Landlord so agrees. If the Landlord and Tenant agree that disclosure of confidential information is necessary, they shall not be used for any illegal purposesnegotiate mutually an appropriate confidentiality agreement. Tenant understands and acknowledges that Landlord conducts proprietary activities at the Research Campus and may lease other space in the Building to third parties, and Tenant shall not allowagrees that its employees, suffer, or permit agents and invitees are prohibited from entering any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant parts of the Building or an adjoining building, its customers, agents, Research Campus reserved for or invitees. Upon notice dedicated to the conduct of business or research activities by Landlord or other tenants. Landlord represents that the acknowledgment and prohibitions contained in the preceding sentence have been and shall be made provisions of any and all leases entered or to Tenant that any of be entered by Landlord with other tenants in the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Building. Tenant shall not in be permitted to undertake any way violate any law, ordinance activity which requires application for new or restrictive covenant affecting substituted permits for the Demised Premises, or amendment of Landlord's existing permits for the Research Campus, without prior notice to and consent from Landlord. Landlord, in the reasonable exercise of its discretion, may refuse to allow Tenant to undertake any such activity. Landlord represents that no new or substituted permits are required for the activities contemplated under Section 3.01 hereof. Landlord's approval shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire be required for Tenant's application for a hazardous waste generator identification number and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employeesair permits.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Sources: Lease Agreement (Pathogenesis Corp)
Use of Demised Premises. (a) The Demised Premises It is understood and agreed between the parties hereto and Tenant covenants that the premises during the continuance of this lease shall be used for the Permitted Use set forth in Section 1(land occupied only as a warehouse (hereinafter "Tenant's permitted use") and for no other purpose.
(b) purpose or purposes whatsoever, without the prior written consent of Landlord. Tenant will permit no liens agrees to attach or exist against operate its business within the Demised Premisesdemised premises for such use during the entire term of this lease, and to conduct its business at all times in a high-class, business-like and reputable manner. Tenant shall not commit make no unlawful, improper or offensive use of the demised premises, and Tenant expressly agrees to abide by and conform to all present and future applicable zoning regulations, environmental laws and regulations, all building codes and all other ordinances, laws, rules and regulations, foreseen and unforeseen, imposed by any waste.
(c) The Demised Premises governmental, regulatory and/or insurance authoritites having jurisdiction over the demised premises or the use thereof. Tenant agrees that the plumbing facilities shall not be used for any illegal purposesother purposes than that for which they are constructed, and Tenant no foreign substances of any kind shall not allowbe thrown or permitted therein, sufferand the expense of any breakage, improper drainage, obstruction, stoppage, pollution, or permit damage to any vibrationportions of the premises or surrounding area, noisethe warehouse water and sewer lines outside the premises resulting from a violation of this provision shall be borne by Tenant in addition to the maintenance and repair obligations stated in Section 5 of this lease. Tenant will not do or suffer to be done, odoror keep or suffer to be kept, light anything in, upon or about the premises which will violate Landlord's policies of hazard or liability insurance or which will prevent Landlord from procuring such policies from companies acceptable to Landlord. If anything done, omitted to be done or suffered by Tenant to be kept in, upon or about the premises shall cause the rate of fire or other effect to occur within insurance on the premises or around the Demised Premises that could constitute a nuisance or trespass for on other property of Landlord or of others within the warehouse to be increased beyond the minimum rate from time to time applicable to the premises or to any occupant of such property for the Building use or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurringmade thereof, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any lawwill pay, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate ofadditional rental, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies amount of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employeesincreases within ten (10) days after Landlord's demand therefor.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. (a) 3.1 The Demised Premises including all buildings or other improvements in existence or hereafter erected upon the same shall be used by Tenant for the Permitted Use set forth presentation of a "Renaissance Faire" which is a festival in Section 1(l) period costumes of the late Elizabethan period including the sale of products and services, performing artists, and the sale of food and beverages, and for no such other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, activities as approved in advance in writing by Landlord and shall not commit any waste.
(c) The Demised Premises shall not as may be used for any illegal purposes, lawfully carried on in and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around about the Demised Premises that could constitute a nuisance other than those which conflict directly or trespass for Landlord or any occupant of indirectly with the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the then current use of the Demised Premises by Landlord or any adjacent property owned or leased by Landlord. Tenant shall not use or occupy the same, or knowingly permit them to be used or occupied, contrary to any statute, rule, order, ordinance, requirement or regulation applicable thereto, or in any manner which would violate any certificate of occupancy affecting the same, or which would make void or voidable any insurance then in force with respect thereto or which would make it impossible to obtain fire or other insurance thereon required to be furnished hereunder by Tenant, or which would cause structural injury to the improvements or cause the value or usefulness of the Demised Premises, or any portion thereof, substantially to diminish (reasonable wear and tear excepted), or which would constitute a public or private nuisance or waste, and Tenant agrees that it will promptly, upon discovery of any such use, take all necessary steps to compel the discontinuance of such use. Tenant understands and agrees that neither Tenant, its employees, vendors, and others involved with Tenant nor any Patrons of Tenant shall pay be entitled nor shall their utilize in any fashion Walnut Avenue behind the Land.
3.2 Tenant shall not use, suffer, or permit the Demised Premises, or any portion thereof, to be used by Tenant, any third party or the public, as such, without restriction or in such additional amount manner as Additional Rentmight reasonably tend to impair Landlord's title to the Demised Premises, or any portion thereof, or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or third persons, or of implied dedication of the Demised Premises, or any portion thereof. Nothing in this Lease Agreement contained and no action or inaction by Landlord shall be deemed or construed to mean that Landlord has granted to Tenant any right, power or permission to do any act or make any agreement that may create, or give rise to or be the foundation for any such right, title, interest, lien, charge or other encumbrance upon the estate of Landlord in the Demised Premises.
3.3 Tenant's shall have the exclusive right to utilize the Demised Premises between July 10th and November 15th each Lease Year ("Tenant's Peak Time"), with the period of July 10th through August 15th being reserved for Tenant's annual setup for the Lease Year events. Landlord shall have the right to use the Demised Premises at all times during the year other than Tenant's Peak Time for purposes (i) which do not compete with Tenant's use of the Land as a Renaissance Faire, and (ii) which are not inconsistent with Tenant's permitted and actual use of the Demised Premises for hosting the Renaissance Faire. Landlord and Tenant shall cooperate with the scheduling of each other's uses of the Demised Premises at all times other than Tenant's Peak Time. Landlord shall not be entitled to use any personal property or equipment of Tenant without the prior written consent of Tenant.
Appears in 1 contract
Use of Demised Premises. (a) The Tenant will use the Demised Premises shall be used for the Permitted Use set forth in Section 1(l) only and for no other purpose.
(b) Tenant will permit no liens purpose without the prior written consent of Landlord. Tenant, at its sole expense, shall comply with all of the requirements of all municipal, state and federal authorities now or hereafter in force pertaining to attach the use, occupation or exist against the alteration of Demised Premises, and . Tenant shall not commit waste or any waste.
(c) The Demised Premises shall nuisance. Tenant will not be used for do any illegal purposes, and Tenant shall not allow, suffer, act or permit any vibration, noise, odor, light or other effect to occur within or around thing in the Demised Premises that could constitute or permit the storage of any product therein which shall cause a nuisance or trespass for Landlord or any occupant cancellation of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely insurance on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the . If any use of the Demised Premises by TenantTenant or act therein causes Landlords insurance rates to be increased over the rates in effect for the Permitted Use generally, Tenant shall will, on demand, pay to Landlord the amount of any such additional amount as Additional Rentincrease. Tenant further covenants that it will not (i) display any merchandise or maintain any stands in front of the Demised Premises or of the line of buildings in the center, (ii) erect or maintain any barricade or scaffolding which may obscure the signs, entrance or show window of any other tenant in the center, or tend to interfere with any such other tenant’s business, (iii) create or maintain, or allow others (including customers of Tenant) to create or maintain, any nuisances, including, without limiting the foregoing general language, loud noises, sound effects, offensive odors, and smoke, garage, trash, litter or dust in or about the Demised Premises or the common areas adjacent to the Demised Premises, or (iv) install any equipment which will exceed or overload the capacity or any utility facilities located in or serving the Demised Premises.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees. Notwithstanding the foregoing, Industrial Developments International, Inc. (“IDI”), the initial “Landlord” hereunder, hereby represents that, to IDI’s actual knowledge (i) which for purposes of this clause (i) is based solely on that letter from the Office of Planning and Development of the City of Southaven, Mississippi to Mr. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ of ▇▇▇ dated July 21, 2006, a copy of which is attached hereto as Exhibit H, the land on which the Building lies is currently zoned “Planned Business Park (PBP)” under the City of Southaven, Mississippi zoning ordinance; and (ii) there are no protective or restrictive covenants that encumber the Property other than as may be included in the Permitted Exceptions.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available for ordinary office, warehouse, assembly, integration and distribution purposes due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) by Tenant as a business or professional office and for no other purpose.
(b) purposes without the prior written consent of Landlord. Tenant will not use the Demised Premises for the purpose of retail sales. Tenant shall not do or permit no liens to attach be done in or exist against about the Demised Premises, and nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or government rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by any standard form of fire insurance policy or will in any way increase the existing rate or affect any fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering the Building or part thereof or any of its contents. Tenant shall not commit any waste.
(c) The do or permit anything to be done in or about the Demised Premises shall not which will in any way obstruct or interfere with the rights of other tenants of the Building, or injure or annoy them or use or allow the Demised Premises to be used for any illegal purposesimproper, and immoral. unlawful or objectionable purpose nor shall Tenant shall not allow, suffer, cause. maintain. or permit any vibrationnuisance in, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agentson, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting about the Demised Premises, and or commit or suffer to be committed any waste in. on or about the Demised Premises. Tenant shall not in any manner use occupy the Demised Premises so as to cause cancellation of, prevent during the term and use of, or increase it for the rate of, the fire and extended coverage insurance policy required hereunderuses permitted herein. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting . Improvement of the Demised Premises. Landlord's standard finish in the Demised premises for Tenant shall be limited to the items set forth in Exhibit A- I attached hereto. It shall be presumed that all work performed by or on behalf of Landlord as required herein was satisfactorily performed in accordance with, and any zoning letters, copies meeting the requirements of. this Lease. unless within sixty (60) days after delivery of zoning ordinances or other information from any governmental agency or other third party provided possession of the space to Tenant by Landlord or any and completion of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that such work Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance notify Landlord, in writing, of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employeesspecific deficiencies.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l1(1) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or of any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, . Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s 's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. (a) The During the Lease Term, Tenant’s use of the Demised Premises shall be for a call center, general office and administrative use or any other lawful use consistent with Tenant’s business operations. Without limiting the provisions of this Section IV, or Sections 0, or I, Tenant shall not use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in or on the Demised Premises, in whole or in part, in a manner which would in any way violate any certificate of occupancy affecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or which may make it impossible to obtain fire or other insurance thereon required to be furnished by Tenant hereunder, or which may result in increases in insurance costs of Landlord, or as will cause or be apt to cause structural injury to the Improvements or any part thereof or adversely affect any Building systems or equipment, or as will constitute a public or private nuisance, and shall not use or occupy the Demised Premises in a manner which may violate any present or future laws, regulations, ordinances or requirements of the Federal, State or municipal governments, or of any departments, subdivision, bureaus or offices thereof, or of any other governmental, public or quasi-public authorities now existing or hereafter created, having jurisdiction in the Demised Premises; provided, however, that Tenant may, in good faith (and wherever necessary in the name of, but without expense to, the Landlord) contest the validity of any such laws, regulations, ordinances or requirements and, pending the determination of such contest, may postpone compliance therewith, except that the Tenant shall not so postpone compliance therewith if such postponement will subject the Landlord to any fine or penalty or to prosecution for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) a crime. Tenant will permit no liens indemnify, defend and save harmless Landlord, in Landlord’s individual as well as Landlord’s representative capacity, if any, against any recovery or loss to attach which Landlord may be subject or exist which Landlord may sustain, including reasonable attorney fees and expenses incurred by Landlord arising from any breach of this covenant or by reason of any action or proceedings which may be brought against Landlord or against the Demised Premises, and shall not commit or any waste.
(c) The Demised Premises shall not be used for part thereof, by virtue of any illegal purposesviolation by Tenant of such laws, regulations, ordinances or requirements, and except that Tenant shall not allow, suffer, indemnify Landlord against the negligence or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant willful acts of the Building or an adjoining buildingLandlord, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, agents and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. (a) SECTION 1. The Demised Premises Lessee shall be used have the right to use the demised premises for the Permitted Use set forth in Section 1(l) Uses and for no other purposepurpose whatsoever, but in no event shall Lessee conduct at the demised premises any use or do anything which constitutes a nuisance or violates any provisions of any zoning, building or other applicable laws, ordinances or regulations.
SECTION 2. Lessee further agrees as follows:
(a) Lessee shall always conduct its operations in the demised premises under its present trade name or any future trade name which is not offensive or in violation of law, unless Lessor shall otherwise consent in writing, which consent shall not be unreasonably withheld;
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and Lessee shall not commit permit any waste.auction, fire, going-out-of-business, or bankruptcy sales or any retail sales whatsoever to be conducted within the demised premises, without the prior written consent of the Lessor;
(c) The Demised Premises Lessee shall not be used for any illegal purposesuse the sidewalks, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light parking areas or other effect to occur within outside areas for advertising or around the Demised Premises that could constitute a nuisance business purposes (except as expressly provided herein) or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control otherwise obstruct the same.;
(d) Tenant shall not in any way violate any lawLessee shall, ordinance or restrictive covenant affecting at its own cost and expense, be responsible for the Demised Premisesprompt regular removal of all trash, refuse, and the like, from the demised premises and shall not insure that same be kept in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with covered containers at all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.times;
(e) In Intentionally omitted;
(f) Lessee shall take whatever measures are necessary to insure that floor load limitations are not exceeded in the event insurance premiums pertaining demised premises; and
(g) Lessee shall not cause any offensive odors or loud noise (including, but without limitation, the use of loudspeakers), nor take nor permit any action which constitutes a nuisance or menace to the Demised Premises, any other occupant of other premises in the Building, and in no event shall any loud noises or offensive odors be emitted from the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rentdemised premises.
Appears in 1 contract
Sources: Lease Agreement (American Science & Engineering Inc)
Use of Demised Premises. (a) The Tenant's primary use of the Demised Premises shall be used for the Permitted Use set forth in Section 1(loperation of a cinema multiplex movie theatre ("Primary Use") and for any other lawful retail use provided that such other retain use does not conflict or compete with the Primary use from time to time of any other tenant in the Shopping Center. In no event, however, may the Demised Premises be used in whole or in part for any of the following: offices (other purposethan as reasonably required in connection with the retain use of the Demised Premises); "adult" pornography theater; bar; restaurant; cafeteria; night club; skating rink; massage parlor; "adult" book store; store selling pornographic materials or devices; game room; funeral parlor; off-track betting establishment.
(b) It is understood and agreed that it is of the essence of this lease that Tenant will permit no liens to attach open for business within one hundred and twenty (120) days after the Date of Delivery of Possession, or exist against when Tenant opens for Business, whichever comes first, and thereafter conduct its normal business operating in the entire Demised Premises, . Tenant covenants and agrees that it will continuously operate its said business in the entire Demised Premises throughout the term hereof shall remain open for business during the hours designated by Landlord for tenants in the Shopping Center. Tenant's said operational shall be conducted under the trade name "▇▇▇▇▇▇▇▇▇▇▇ Galleria Ten-Plex" and Tenant may not commit any wastechange such name without Landlord's prior written consent.
(c) The Demised Premises If Landlord shall not permit Tenant to be used open for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around business in the Demised Premises that could constitute during hours in addition to those which are the normal business hours for other tenants at the Shopping Center, Tenant shall be responsible for any additional costs and expenses incurred by Landlord as a nuisance or trespass result of Tenant's operation during such additional hours, including, but not limited to any costs and expenses for Landlord or any occupant lighting of the Building Common Areas and providing security therefore.
(a) Landlord covenants and agrees that Landlord will not, at any time during the term of this Lease so long as the Demised Premises are being used by Tenant for the Primary Use as set forth in Section 10.1 (a) above, lease or an adjoining buildingrent any space or premises within the Shopping Center for the same Primary Use.
(b) Notwithstanding the provisions of Paragraph (a) to this Section, its customersin the event that, agentsat any time during the term of this Lease, Landlord desires to lease or rent any space within the Shopping Center, for any use which is described in Paragraph (a), Landlord shall so notify Tenant, such notice to contain the name of the proposed tenant, a description of the proposed use and a description of the floor area and location in the Shopping Center of the premises to be leased to such tenant. Tenant shall then have a period of thirty (30) days after such notice within which to notify Landlord whether or not Tenant elects to enforce the provisions of Paragraph (a) of this Section. If tenant shall notify Landlord that Tenant does not elect to enforce such provisions, or inviteesif Tenant shall fail to give any notice to Landlord, within such thirty (30) day period, Tenant shall, subject to the provisions of the final sentence of this paragraph (b), be deemed to have waived its rights and remedies under said Paragraph (a) with respect to the particular leasing described in the notice from Landlord. If Tenant shall notify Landlord that Tenant elects to enforce the provisions of Paragraph (a) of this Section 10.3, then Landlord agrees to comply with such provisions as they apply to the proposed leasing, and, in any such event, Tenant shall automatically be deemed to have agreed to indemnify Landlord and save Landlord harmless from and against any liability, claim, cost or expense arising out of the enforcement of the restrictions and limitations set forth in said Paragraph (a). In not event, however, shall Landlord be obligated to enforce such restrictions and limitations if such enforcement shall expose Landlord to criminal or quasi-criminal prosecution or penalty. In the event that Tenant shall either notify Landlord that Tenant does not elect to enforce the said restrictions and limitations or shall fail to give notice within the thirty (30) day period specified above, and if Landlord shall not conclude a leasing arrangement with the proposed tenant within six (6) months from the date of the expiration of such thirty (30) day period, the provisions of Paragraph (a) and this Paragraph (b) shall again be applicable to the Tenant and premises described in Landlord's aforesaid notice.
SECTION 10.3 Tenant agrees that Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord's reasonable opinion, the continued use thereof would impair the reputation of the Shopping Center as a desirable place to shop or is otherwise out of harmony with the general character of the Shopping Center. Upon notice by Landlord to from Landlord, Tenant that shall forthwith refrain from or discontinue any of the aforesaid prohibited uses are occurringsuch activities. In addition, Tenant agrees to:
(a) obey and observe (and compel its officers, employees, contractors, licensees, invitees, subtenants, concessionaires and all others doing business with it) all reasonable rules and regulations established by Landlord from time to promptly remove time for the conduct of Tenant or control for the same.welfare of the Shopping Center, so long as the same are not discriminatory with respect to Tenant. Landlord shall, except in the case of any emergency, give Tenant at lease five days notice of the establishment thereof:
(b) use the Shopping Center name in referring to the location of the Demised Premises in all newspaper or other advertising or other printed material and all other references to the location of the Demised Premises;
(c) include the address and identity of its business activity in the the Demised Premises and all advertisements made by Tenant in which the address an identity of any local business activity of like character conducted by Tenant shall be mentioned;
(d) Tenant shall not participate in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, reasonable window cleaning and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant exterminating program that my be established by Landlord for all or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance substantially all of the Permitted Use with all such applicable laws, rules, ordinances retail stores and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.businesses in the Shopping Center;
(e) In operate its business in the event insurance premiums pertaining to Demised Premises with adequate equipment and trade fixtures which shall be new, functional, sufficient and of first class workmanship; and
(f) handle and dispose of all rubbish, garbage and waste from Tenant's operations in accordance with regulations established by Landlord and not permit the accumulation (unless concealed in metal containers inside the Demised Premises) or burning of any rubbish or garbage in, the Building, on or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use about any part of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rentor Shopping Center.
Appears in 1 contract
Sources: Assignment, Assumption, Consent to Assignment and Amendment of Lease (Clearview Cinema Group Inc)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised PremisesPremises for work ordered or contracted by Tenant, and shall not commit any waste, reasonable wear and tear excepted.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute constitutes a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or inviteestrespass. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant in effect as of the Lease Date, the Protective Covenant referred to in Special Stipulation 13, or any law or ordinance affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s 's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees. Landlord represents and warrants that, as of the Lease Date, the Building and land on which it is situated is zoned Industrial under PUD under the Weston Zoning Code.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the specific use of the Demised Premises by Tenant, Tenant shall cease the extra-hazardous use or pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. (a) The 4.01. Tenant shall use and occupy the Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposesUses, and Tenant shall not allow, suffer, use or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of suffer the use of the Demised Premises or any part thereof for any other purpose.
4.02. If any governmental license or permit, including a certificate of occupancy or certificate of continued occupancy (a "Certificate of Occupancy") shall be required for the proper and lawful conduct of Tenant's business in the Demised Premises or any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit the same to Landlord for inspection. Tenant shall at all times comply with the terms and conditions of each such license or permit. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy the Demised Premises, or do or permit anything to be done in the Demised Premises, in any manner which (a) violates the Certificate of Occupancy for the Demised Premises or for the Building; (b) causes or is liable to cause injury to the Building or any equipment, facilities or systems therein; (c) constitutes a violation of the Legal Requirements or Insurance Requirements; (d) impairs or tends to impair the character, reputation or appearance of the Building; (e) impairs or tends to impair the proper and economic maintenance, operation and repair of the Building and/or its equipment, facilities or systems; or (f) annoys or inconveniences or tends to annoy or inconvenience other tenants or occupants of the Building.
4.03. Tenant shall not conduct any warehouse sale at the Demised Premises without Landlord's prior written consent. Provided Tenant is not in default of its obligations under this Lease, Landlord agrees not to unreasonably withhold its consent to not more than three (3) warehouse sales in any consecutive twelve (12) month period. Tenant shall pay to Landlord as an Additional Charge, an amount equal to five percent (5%) of Gross Receipts (as hereinafter defined) from any warehouse sale conducted at the Demised Premises, payable within fifteen (15) days after the warehouse sale. Tenant shall comply, at Tenant's sole cost and expense with all Legal Requirements with respect to any warehouse sale. Any warehouse sale conducted by Tenant shall be not more than four (4) consecutive days in duration. As used herein Gross Receipts shall mean the dollar aggregate of: (a) the actual sales price of all goods and merchandise sold, leased or licensed and the charges for all services performed by Tenant or otherwise in connection with all business conducted at such warehouse sale, whether made for cash, by check, credit or otherwise, without reserve or deduction for inability or failure to collect the same, including, without limitation, sales and services (i) where the orders therefor originate at or are accepted at or from the Demised Premises, whether delivery or performance thereof is made at or from the Demised Premises or any other place, it being understood that all sales made and orders received at or from the Demised Premises shall be deemed to have been made and completed therein even though the orders are fulfilled elsewhere or the payments of account are transferred to some other office for collection, and (ii) where the orders therefor result from solicitation off the Demised Premises but which are conducted by personnel operating from or reporting to or under the control or supervision of any person at the Demised Premises, and (b) all monies or other things of value received by Tenant from its operations at the Demised Premises (which are not excluded from Gross Receipts by the next succeeding sentence) including all finance charges, cost of gift or merchandise certificates and all deposits not refunded to customers. Gross Receipts shall not include (x) the exchange of merchandise between stores of Tenant where such exchange is made solely for the convenient operation of Tenant's business and neither for the purpose of depriving Landlord of the benefits of a sale which would otherwise be made at or from the Demised Premises nor for the purpose of consummating a sale which has been theretofore made at or from the Demised Premises, or (y) the amount of any city, county, state or federal sales tax, luxury tax or excise tax on sales if the tax is added to the selling price and separately stated and actually paid to the taxing authority by Tenant; provided, however, no franchise or capital stock tax and no income or similar tax based upon income, profits or Gross Receipts shall be deducted from Gross Receipts in any event whatsoever. Cash or credit refunds made upon transactions included within the Gross Receipts, but not exceeding the selling price of merchandise returned by the purchaser and accepted by Tenant, shall be deducted from the Gross Receipts for the period when such refunds are made. Each charge or sale upon installment or credit or layaway, so called, shall be treated as a sale for the full price irrespective of the time when Tenant shall pay such additional amount as Additional Rentreceive payment from its customer. For purposes of this paragraph the word "Tenant" shall include any of Tenant's subtenants, concessionaires and licensees.
Appears in 1 contract
Sources: Lease Agreement (Childrens Place Retail Stores Inc)
Use of Demised Premises. (a) The Demised Premises 7.1. LESSEE shall be used for not, except with the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach prior consent of LESSOR, use or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, suffer or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises or any part thereof for any purposes other than general, administrative and sales offices, operating a network operations center, and warehousing of inventory in connection therewith; provided, however, anything in this Lease to the contrary notwithstanding, that (a) the portions of the Demised Premises which are identified as toilets or utility areas shall be used by TenantLESSEE only for the purposes for which they are designed, Tenant (b) LESSEE complies with the requirements of Section 7.2 hereof, and (c) in no event shall pay such additional amount as Additional RentLESSEE use the Demised Premises for retail purposes to the general public.
7.2. LESSEE shall not use, or suffer or permit the use of, the Demised Premises or any part thereof in any manner or for any purpose or do, bring or keep anything, or suffer or permit anything to be done, brought or kept, therein (including, but not limited to, the installation or operation of any electrical, electronic or other equipment) (a) which would violate any covenant, agreement, term, provision or condition of this Lease or is unlawful or in contravention of the certificate of occupancy for the Building or the Demised Premises, or is in contravention of any Legal or Insurance Requirement to which the Building or the Demised Premises is subject, or (b) which would overload or could cause an overload of the electrical or mechanical systems of the Building or the Demised Premises or which would exceed the floor load per square foot which the floor was designed to carry and which is allowed by law, or (c) which in the reasonable judgment of the LESSOR may in any way impair or interfere with the proper and economic heating, air conditioning of the Building or (d) suffer or permit the Building or any component thereof to be used in any manner or anything to be done therein or anything to be brought into or kept thereon which, in the reasonable judgment of LESSOR, would in any way impair or tend to impair or exceed the design criteria, the structural integrity, character or appearance of the Building, or result in the use of the Building or any component thereof in a manner or for a purpose not intended; nor shall the LESSEE use, or suffer or permit the use of, the Demised Premises or any part thereof in any manner, or do, or suffer or permit the doing of, anything therein or in connection with the LESSEE'S business or advertising which, in the reasonable judgment of the LESSOR, may be prejudicial to the business of LESSOR.
7.3. LESSEE shall obtain, at its sole cost and expense, all permits, licenses or authorizations of any nature required in connection with the operation of LESSEE'S business at the Demised Premises.
Appears in 1 contract
Sources: Lease Agreement (Glowpoint Inc)