USE OF LEASED PREMISES. The Leased Premises are leased to Tenant solely for the Permitted Use set forth in Article 1.9 above and for no other purpose whatsoever. If Tenant wishes to change the Permitted Use set forth in Article 1.9 above, Tenant shall first seek Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord shall provide Tenant written notice that Landlord has (i) consented to the proposed change in the Permitted Use, or (ii) decline to consent to the change, or (iii) elected to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. Tenant shall not do or permit anything to be done in or about tile Leased Premises nor bring or keep anything in the Leased Premises which will in any way increase the existing rate of or affect any casualty or other insurance on the Building, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Building. Tenant shall not use the Leased Premises and/or the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the Building.
Appears in 3 contracts
Sources: Office Lease (Dimensional Visions Inc/ De), Office Lease (Dimensional Visions Inc/ De), Office Lease (Dimensional Visions Inc/ De)
USE OF LEASED PREMISES. (a) The Leased Premises are leased to Tenant solely shall be used for the Permitted Use set forth in Article 1.9 above and for no other purpose whatsoeverwithout the prior written consent of Landlord, in its reasonable discretion. If In the event that Tenant wishes determines to alter any locks or install any new or additional lock or bolt on any door of the Building or change the Permitted Use set forth in Article 1.9 aboveentry system for the Building, Tenant will provide Landlord with a key for any such new or altered lock or means to access the Building through such entry system. Notwithstanding the foregoing, but only following receipt of Landlord’s written consent, which will not be unreasonably withheld, Tenant shall first seek Landlord's be entitled to create limited secure areas within the Leased Premises that access is only available to Tenant. On the termination of the Lease, Tenant will deliver all keys and access cards to any locks or doors in the Building which have been obtained by Tenant. Tenant shall have access to the Building 24 hours per day, 7 days per week.
(b) Landlord may not, without Tenant’s prior written consent. Within thirty consent (30) days after receipt by Landlord not to be unreasonably withheld, conditioned or delayed), amend the zoning of the Building or the Project or record any declaration encumbering the Building or Project, which materially interferes with Tenant's request for consent’s Permitted Use, materially increases Tenant’s obligations under this Lease or decreases Tenant’s rights under this Lease, or violates any provision in this Lease in a material manner, and Landlord shall provide a copy of such agreement to Tenant; provided, however, that Landlord shall be permitted to record any declaration irrespective of the foregoing impact so long as Tenant’s non-compliance shall be permitted as to the portions of any such provisions that cause the aforementioned material interference.
(c) Tenant shall act in accordance with and not violate any restrictions or covenants of record affecting the Leased Premises or the Building which have been recorded against the Building and/or the Project in compliance with Section 7(b) above and of which Tenant has been provided written notice that Landlord has (iwhich notice shall include a copy of such restriction or covenant). Tenant shall not use or occupy the Leased Premises or Common Area in violation of any applicable law, code, regulation or ordinance, and shall immediately discontinue any use of the Leased Premises or Common Area which is a violation of any such law, code, regulation or ordinance.
(d) consented Except for the Permitted Uses, Tenant shall not do nor permit to be done anything which will increase the proposed change cost of any casualty and extended coverage insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the appropriate Fire Rating Bureau or any other organization performing a similar function. Tenant shall not do nor permit to be done anything which will invalidate any casualty and extended coverage insurance policy covering the Building and/or property located therein. Tenant shall promptly upon written demand and a reasonable opportunity to cure any problem which results in an invalidation or increase in the cost of any casualty and extended coverage insurance policy, reimburse Landlord, as Additional Rent, for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section 7. Except for the Permitted UseUses, or (ii) decline to consent to the change, or (iii) elected to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. Tenant shall not do or permit anything to be done in or about tile Leased Premises nor bring or keep anything in the Leased Premises which will in any way increase the existing rate of or affect any casualty or other insurance in, on the Building, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building or Common Area which will would in any way obstruct or interfere with the rights of other tenants or occupants of the BuildingLandlord, or injure or annoy them. Tenant shall not use or allow the Leased Premises or Common Area to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste in in, on or upon the Leased Premises and/or the Building. Tenant shall not use the Leased Premises and/or about the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the BuildingCommon Area.
Appears in 2 contracts
Sources: Lease Agreement (TGPX Holdings I LLC), Lease Agreement (Traeger, Inc.)
USE OF LEASED PREMISES. The Leased Premises are leased to Tenant solely LESSEE shall use the Leasehold only for the Permitted Use set forth in Article 1.9 above operation of its business and for no other purpose whatsoever. If Tenant wishes to change the Permitted Use set forth in Article 1.9 abovelaboratory practices, Tenant shall first seek Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord shall provide Tenant written notice that Landlord has (i) consented to the proposed change except in the Permitted Use, case of an assignment or (ii) decline sublet arrangement. LESSOR acknowledges that LESSEE is a life sciences company and intends to consent to the change, or (iii) elected to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. Tenant shall not do or permit anything to be done in or about tile Leased Premises nor bring or keep anything in the Leased Premises which will in any way increase the existing rate of or affect any casualty or other insurance on the Building, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Building. Tenant shall not use the Leased Premises and/or for general offices, research, development and manufacturing purposes, and represents and warrants that the Building LESSEE’S intended use is permitted by applicable zoning ordinances and building codes in effect on the Commencement Date. LESSOR represents and warrants to LESSEE that as of the Commencement Date, but without regard to the use for which LESSEE will use the Leasehold, the Leasehold systems are in good working order, the Leasehold building structure is in good repair and the Leasehold does not violate any covenants or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, restrictions or any lawapplicable building code, statuteregulation or ordinance in effect on the Commencement Date. In the event it is determined this representation and warranty has been violated, ordinance or governmental rule or regulation now in force or which may subsequently then it shall be enacted or promulgated, and shallthe obligation of the LESSOR, at its LESSOR’S sole cost and expense, promptly comply with all matters of record and all lawsto rectify any such violation. No activity, statutestrade, ordinances and governmental rulesor occupation shall be conducted in the Leasehold or use made thereof which will be hazardous, regulations and requirements now obnoxious, unlawful, improper, noisy, or offensive, or contrary to any law in force in the city or town in which the premises are situated. Other than the permitted use set forth in this Section 12, the LESSEE shall not permit any use of the Leasehold which will make voidable any insurance on the property of which the Leasehold is a part, or on the contents of said property or which may subsequently shall be in force and with contrary to any law or regulation from time to time established by the requirements of any Board of New England Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of recordInsurance Rating Association, or any lawsimilar body succeeding to its powers. The LESSEE shall on demand reimburse the LESSOR, statuteand all other tenants, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor all extra insurance premiums caused by the LESSEE’S use of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the Buildingpremises.
Appears in 2 contracts
Sources: Commercial Lease (T2 Biosystems, Inc.), Commercial Lease (T2 Biosystems, Inc.)
USE OF LEASED PREMISES. The Leased Premises are LESSEE may use said leased to Tenant premises solely for the Permitted Use set forth in Article 1.9 above as a “Technology Services” and for no other purpose whatsoeveruse shall be allowed without consent of LESSOR. If Tenant wishes to change LESSEE will not engage in the Permitted Use set forth sale of any items customarily found in Article 1.9 above, Tenant shall first seek Landlord's a convenience store or gas station. No additional or other items may be sold on premises without prior written consentconsent or LESSOR, which consent may be withheld in ▇▇▇▇▇▇’s sole discretion. Within thirty (30) days after receipt by Landlord of Tenant's request for consentThe LESSEE will not injure, Landlord shall provide Tenant written notice that Landlord has (i) consented to the proposed change in the Permitted Useoverload, or (ii) decline deface or suffer to consent to the changebe injured, overloaded, or (iii) elected to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. Tenant shall not do or permit anything to be done in or about tile Leased Premises nor bring or keep anything in defaced the Leased Premises which will in any way increase the existing rate of or affect any casualty or other insurance on the Building, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, leased premises or any part thereof or store inflammables or explosives in any part thereof. ▇▇▇▇▇▇ acknowledges that neither ▇▇▇▇▇▇ nor any agent of ▇▇▇▇▇▇ has made any representation or warranty with respect to the leased premises or the building and grounds of which the leased premises may be a part or with respect to the suitability of same for the conduct of ▇▇▇▇▇▇’s business, nor has ▇▇▇▇▇▇ agreed to undertake any modification, alteration, or improvement to the leased premises except as provided in this Lease. The acceptance of possession of the Building or leased premises by ▇▇▇▇▇▇ at the Propertycommencement of this Lease term shall conclusively establish that the leased premises and said building were at such time in satisfactory condition. LA: RETICULATE MICRO, or any of their respective contentsINC. Tenant LESSOR: FACILITY ADDRESS: SFM 312 C ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇ ▇▇ ▇▇▇▇▇ LESSEE: LESSEE shall not do or permit anything to be done in or about the Leased Premises and/or the Building leased premises nor bring or keep anything therein which will in any way obstruct increase the existing rate or interfere with affect any fire or other insurance upon the rights leased premises or the building of other tenants which the leased premises may be a part or occupants any of the Buildingits contents (unless LESSEE shall pay any increased premium as a result of such use or acts), or injure cause a cancellation of any insurance policy covering said leased premises or annoy them. Tenant shall not use said building or allow the Leased Premises to be used for any improper, immoral, unlawful part thereof or objectionable purposeany of its contents, nor shall Tenant cause, maintain LESSEE sell or permit any nuisance into be kept, on used or sold in or about the Leased Premises and/or the Buildingleased premises any articles which may be prohibited by a standard form policy of fire insurance. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Building. Tenant LESSEE shall not use the Leased Premises and/or the Building leased premises or permit anything to be done in or about the Leased Premises and/or the Building leased premises which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation or requirement of duly constituted public authorities now in force or which may subsequently be hereafter be enacted or promulgated. LESSEE shall at LESSEE’s own cost take all necessary steps to cause and ensure such compliance from time to time. LESSEE shall not cause or allow any nuisance on the premises, shall not operate any radio, loudspeaker or other device in a manner which disturbs other occupants, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force shall not penetrate or which may subsequently be in force and with modify the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy exterior of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant building in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor way without written consent of the Leased Premises which exceeds the load per square foot which the floor was designed LESSOR. LESSOR may promulgate other reasonable rules and regulations from time to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure time as necessary for proper operation of the Buildingpremises.
Appears in 1 contract
USE OF LEASED PREMISES. The Leased (a) Tenant may use the Premises are leased to Tenant solely as an animal vivarium for the Permitted Use set forth in Article 1.9 above purposes of research and development and for no other purpose whatsoever. If Tenant wishes to change the Permitted Use set forth in Article 1.9 above, Tenant shall first seek without Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord shall provide Tenant written notice that Landlord has (i) consented to the proposed change in the Permitted Use, which consent will not be unreasonably withheld or (ii) decline to consent to the change, or (iii) elected to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. Tenant shall not do or permit anything to be done in or about tile Leased Premises nor bring or keep anything in the Leased Premises which will in any way increase the existing rate of or affect any casualty or other insurance on the Building, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Buildingdelayed. Tenant shall not use the Leased Premises and/or the Building or permit anything to be done for any purpose in or about the Leased Premises and/or the Building which will in any way conflict with any matters violation of record, or any law, statute, municipal ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgatedregulation, and including, without limitation, the zoning ordinance of the Township of Pittsfield, Michigan. Tenant shall, at its sole cost and expense, promptly obtain any permits or licenses necessary to operate the Premises as permitted by this Section.
(b) Tenant shall, at Tenant's sole expense, comply in all respects with all matters of record and all applicable laws, statutesordinances, ordinances and governmental orders, rules, regulations and requirements now in force or which may subsequently be in force regulations, of any governmental authorities and with the requirements any directive of any Board public officer which shall Impose any violation, order or duty upon Landlord or Tenant with respect to the Premises or the use or occupation thereof or signage thereon, including, without limitation, any governmental law or statute, rule, regulation, ordinance, code, policy or rule of Fire Underwriters or other similar body common law now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, hereafter in effect relating to the environment, health or affecting safety with the exception of any pre- existing condition, use or occupancy which shall be the responsibility of the PropertyLandlord.
(c) Notwithstanding the foregoing subsection, excluding structural Landlord shall be solely responsible for any structural, electrical or mechanical changes to the Premises mandated by applicable law and that are not relating to or affected mandated by reason of Tenant's improvements use of the Premises. Landlord shall indemnify, save and hold Tenant harmless from and against any claim, liability, loss, damage or acts. The judgment expense (including, without limitation, reasonable attorneys' fees and disbursements) arising out of any court Landlord's failure to observe the foregoing covenant, which indemnity obligation shall survive the expiration or termination of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, this Lease.
(d) Tenant shall not place use or permit the Premises to be used in any manner that will result in waste or the creation of a load upon nuisance, and Tenant shall maintain the Premises free of any floor objectionable noises, odors, or disturbances, taking into account the use of the Leased Premises which exceeds permitted hereby.
(e) Tenant shall provide notice to Landlord of the load per square foot which make, model and license plate number of each of its employees working at the floor was designed to carryPremises and shall update such information as necessary, nor but in any event at each anniversary of the Commencement Date. Tenant's employees, agents and contractors shall Tenant install business machines or other mechanical equipment only park their vehicles in the Leased Premises last row of the parking lot serving the Premises, which cause noise or vibration that may be transmitted is adjacent to the structure Premises.
(f) Tenant shall indemnify, save and hold Landlord harmless from and against any claim, liability, loss, damage or expense (including, without limitation, reasonable attorneys' fees and disbursements) arising out of any violation of the Buildingcovenants of Tenant contained in this Section by Tenant, or out of any violation of applicable law, rule and regulation, its owners, employees, agents, contractors, customers, guests and invitees, which indemnity obligation shall survive the expiration or termination of this Lease.
Appears in 1 contract
Sources: Lease (Esperion Therapeutics Inc/Mi)
USE OF LEASED PREMISES. The (a) Tenant shall use and occupy the Leased Premises are leased to Tenant solely for the Permitted Use set forth in Article 1.9 above offices use and for no other purpose whatsoever. If except Cross Country Seminar, Inc.'s business use.
(b) The Leased Premises, in its state existing on the date that the Lease term commences, but without regard to the use of which Tenant wishes to change will use the Permitted Use set forth Leased Premises, do not violate any covenant or restrictions of record,, or any applicable building code, regulation or ordinance in Article 1.9 above, effect on such Lease term commencement date.
(c) The Tenant shall first seek Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord shall provide Tenant written notice that Landlord has hereby covenants and agrees as follows:
(i) consented to the proposed change in the Permitted Use, or (ii) decline to consent to the change, or (iii) elected to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. Tenant shall not do or permit anything to be done in or about tile Leased Premises nor bring or keep anything in the Leased Premises which will in any way increase the existing rate of or affect any casualty or other insurance on the Building, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Building. Tenant shall not use the Leased Premises and/or the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly To comply with all matters of record Federal, State, County and all City laws, statutesordinances, ordinances rules and governmental rules, regulations and requirements now in force or which may subsequently be in force and with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating Leased Premises by Tenant or the business at any time transacted by the Tenant;
(ii) Not to use the Leased Premises for any disorderly or affected by unlawful purpose or use inconsistent with applicable zoning;
(iii) To obtain from appropriate governmental agencies at the Tenant's improvements expense any and all permits, licenses, and the like, required to permit Tenant to occupy the Leased Premises and to be at all times in compliance with such permits, licenses, and the like, and all applicable governmental ordinances and regulations;
(iv) To keep the Leased Premises clean and free from rubbish and to keep the windows and signs neat, clean, and in good order, all at Tenant's sole expense; or acts. The judgment Landlord at its sole discretion shall have the right to perform these maintenance items and Tenant agrees to reimburse Landlord for its costs;
(v) Not to store any material, trash or refuse of any court of competent jurisdiction nature whatever within the Leased Premises or on the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor exterior of the Leased Premises which exceeds or Developed Parcel nor to erect any screen or fence without the load per square foot which the floor was designed to carryprior written consent of Landlord;
(vi) To refrain from keeping gasoline, nor shall Tenant install business machines other inflammable material, any explosives or any other mechanical equipment in hazardous substance within the Leased Premises or on the Developed Parcel, or from doing any act or thing which cause noise may make void or vibration that voidable the Landlord's insurance against fire, and to conform to all rules or regulations from time to time established by the appropriate insurance rating organization;
(vii) To comply with all the Rules and Regulations which have been adopted by Landlord, attached as Exhibit "F," (or which may be transmitted to hereafter adopted by Landlord) for the structure protection and welfare of the Building, the Developed Parcel and other tenants.
Appears in 1 contract
USE OF LEASED PREMISES. The Leased Premises are leased to Tenant solely for the Permitted Use set forth in Article 1.9 above and for no other purpose whatsoever. If Tenant wishes to change the Permitted Use set forth in Article 1.9 above, Tenant shall first seek Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord shall provide Tenant written notice that Landlord has (i) consented to the proposed change in the Permitted Use, or (ii) decline to consent to the change, or (iii) elected to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. Tenant shall not do or permit anything anything to be done in or about tile the Leased Premises nor bring or keep anything anything in the Leased Premises which will in any way increase the existing existing rate of or affect any casualty or other insurance on the BuildingBuilding, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contentscontents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain maintain or permit any nuisance in, on or about the Leased Premises Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Building. Tenant shall not use the Leased Premises and/or the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the Building.
Appears in 1 contract
USE OF LEASED PREMISES. The Tenant shall use and occupy the Leased Premises are leased to Tenant solely only for the Permitted Use purpose set forth out in Article 1.9 above Item 9 of the Term Sheet and shall not use or permit the Leased Premises or any part thereof to be used or occupied for no any other purpose whatsoever. If Tenant wishes to change the Permitted Use set forth in Article 1.9 above, Tenant shall first seek Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord shall provide Tenant written notice that Landlord has (i) consented to the proposed change in the Permitted Use, or (ii) decline to consent to the change, or (iii) elected to terminate this Lease, in which event business except as otherwise expressly permitted under this Lease shall terminate ten (10) days following receipt or by any Person other than the Tenant of Landlord's Notice of Termination. and the Tenant shall not do may keep or permit anything to be done in or about tile Leased Premises nor bring or keep anything in the Leased Premises only those materials and Pollutants set out in Schedule H (other than standard office furnishings and supplies). Schedule H (“Contents of Leased Premises”) is an extension of this Section 5.01. Any change to the list of materials and Pollutants identified in Schedule H shall require the Landlord’s prior written consent which will in any way increase consent may be arbitrarily or unreasonably withheld by the existing rate of or affect any casualty or other insurance on the BuildingLandlord and, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Building. Tenant shall not use the Leased Premises and/or the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirementif granted, shall be conclusive evidenced by way of that fact between Landlord and Tenantagreement amending this Lease. In addition, The Tenant shall be responsible for obtaining at its expense all necessary approvals, licences and permits, including, but not place a load upon any floor limited to, zoning, development, building, occupancy and business approvals, licences and permits for its intended use of the Leased Premises and shall submit all applications for such approvals, licences and permits to the Landlord for its consent (which exceeds consent, if the load per square foot which application pertains to the floor was designed zoning applicable to carrythe Project or may adversely affect the value or use of the Project or any part thereof, nor may be arbitrarily withheld by the Landlord), prior to making application. Notwithstanding the Landlord’s consent to an application, the Tenant shall Tenant install business machines indemnify and defend the Landlord and hold it harmless from and against any and all Claims incurred or other mechanical equipment in suffered by the Landlord directly or indirectly arising out of the Tenant’s application for such approvals, licences or permits or the resulting approvals, licences and permits with respect to the use, intended or otherwise, of the Leased Premises which cause noise whether such Claims are in respect of the Leased Premises or vibration that may be transmitted to the structure in respect of the Building. The Landlord makes no representation or warranty, express or implied, respecting the present, future or intended use of the Leased Premises by the Tenant or respecting whether or not necessary approvals, licences and permits can be obtained for the Tenant’s use or intended use.
Appears in 1 contract
USE OF LEASED PREMISES. The Leased Premises are leased to Tenant solely for the Permitted Use set forth in Article 1.9 above and for no other purpose whatsoever. If Tenant wishes to change the Permitted Use set forth in Article 1.9 above, Tenant shall first seek Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord shall provide Tenant written notice that Landlord has (i) consented to the proposed change in the Permitted Use, or (ii) decline to consent to the change, or (iii) elected to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. Tenant shall not do or permit anything to be done in or about tile the Leased Premises nor bring or keep anything in the Leased Premises which will in any way increase the existing rate of or affect any casualty or other insurance on the Building, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Building. Tenant shall not use the Leased Premises and/or the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the Building.
Appears in 1 contract
Sources: Office Lease (Ip Voice Com Inc)
USE OF LEASED PREMISES. The Lessee is granted the right to occupy and use the Leased Premises are leased to Tenant solely only for the construction, development, and operation of a soup kitchen and grocery pantry facility to feed homeless and indigent people in need, to be constructed, developed, and operated at Lessee’s sole cost and expense, fulfilling Lessee's mission of feeding the hungry of Tulsa, Oklahoma (the “Facility”), and other activities necessarily and appropriately directly related thereto (the “Permitted Use set forth in Article 1.9 above Use”), and for no other purpose whatsoeveror purposes whatsoever without the advance, express written consent of the Lessor, which may be withheld or denied in Lessor’s sole and unfettered discretion. If Tenant wishes The Facility shall be built substantially in accordance with plans and specifications previously submitted to change the Permitted Use Lessor by Lessee and approved in writing by Lessor as set forth in Article 1.9 above, Tenant shall first seek Landlord's prior written consentSection 11 hereinbelow. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord shall provide Tenant written notice that Landlord has (i) consented to the proposed change in the Permitted Use, or (ii) decline to consent to the change, or (iii) elected to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. Tenant Lessee shall not do or permit anything any act or thing which is contrary to be done in any law, rule, regulation, or about tile Leased Premises nor bring ordinance, or keep anything in which is contrary to any provision of an insurance policy affecting or pertaining to the Leased Premises which will in any way increase or the existing rate of or affect any casualty or other insurance on the Building, the PropertyImprovements subsequently constructed thereon by Lessee, or any which might impair the value or usefulness of their respective contents, the Leased Premises or cause a cancellation of any insurance policy covering the Building, the PropertyImprovements subsequently constructed thereon by Lessee, or any part of the Building or the Propertypersonal property placed within same, or any of their respective contents. Tenant shall not do which constitutes a public or permit anything to be done in private nuisance or waste in, on, or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purposePremises, nor shall Tenant cause, maintain Lessee allow any hazardous substance or permit any nuisance activity in, on on, or about the Leased Premises Premises. Lessee shall fully comply with all laws applicable to, and/or the Building. In additionpromulgated by any governmental authority having jurisdiction over, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Building. Tenant shall not in connection with Lessee's use the Leased Premises and/or the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the PropertyLeased Premises, excluding structural changes not relating and agrees to or affected by Tenant's improvements or acts. The judgment of indemnify, defend, and hold harmless Lessor and Lessor’s officials and representatives from and against any court of competent jurisdiction or the admission by Tenant in any action against Tenantpenalties, irrespective of whether Landlord is a partyfines, that Tenant has violated any matters of recordcosts, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed damages resulting from Lessee’s failure to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the Buildingdo so.
Appears in 1 contract
Sources: Ground Lease Agreement
USE OF LEASED PREMISES. 1. The Leased Premises are leased shall be occupied and used for warehousing, wholesale and retail sales, if applicable, offices for administration and sales, including the purposes of warehousing, distribution, and manufacturing Lessee's full range of products similar and/or equal to Tenant solely for the Permitted Use set forth in Article 1.9 above current production and/or warehousing facilities located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, or any other legal use so long as all products stored conform to all state and for no other purpose whatsoever. If Tenant wishes to change the Permitted Use set forth in Article 1.9 above, Tenant shall first seek Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord shall provide Tenant written notice that Landlord has (i) consented federal regulation pertaining to the proposed change storage, maintenance or possession of products defined as toxic under applicable standards. Lessee agrees that it will not store, possess or dispose of any product in other than the Permitted Use, or (ii) decline to consent manner prescribed by applicable regulations.
2. The Lessee covenants and warrants to the change, or (iii) elected Lessor:
a. Not to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. Tenant shall not do or permit anything to be done in or about tile Leased Premises nor bring or keep anything in use the Leased Premises which will in any way increase the existing rate of or affect any casualty or other insurance on the Building, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful purpose or objectionable purpose, nor shall Tenant cause, maintain any purpose not specifically permitted by this Lease.
b. Not to use or occupy or suffer or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer any part thereof to be committed used or occupied in any waste manner so as to increase the cost of fire or other casualty insurance over and above the normal cost of such insurance for the type and location of the Building or contrary to the Lease.
c. Not to display any merchandise or other items outside the Leased remises nor in any way obstruct the sidewalks adjacent thereto.
d. Not to place garbage, rubbish, trash or upon containers thereof outside the Leased Premises and/or except in such containers, if any, which the Building. Tenant Lessee shall not use the Leased Premises and/or the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and have provided for such purpose with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy approval of the PropertyLessor.
e. To load and unload all merchandise and other items and to cause the collection of garbage, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenantrubbish and trash through such doors, irrespective of whether Landlord is a partyif any, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds as the load per square foot which the floor was designed to carry, nor Lessor shall Tenant install business machines or other mechanical equipment in have designated for such purpose.
f. To keep the Leased Premises in a good, safe, clean and proper condition.
g. To prevent the Leased Premises form being used in any way which cause noise shall injure or vibration that damage the same or the Building or which may be transmitted or result in a nuisance, annoyance, inconvenience or damage to the structure other tenants of the Building.
h. To abide by all reasonable rules and regulations established by Lessor, from time to time, with respect to the Building, provided, however, that no such rules or regulations shall prohibit or unreasonably hinder the use of the Leased Premises for the purpose referred to in this Article not interfere with Lessee's right to quiet enjoyment of the premise.
Appears in 1 contract
Sources: Lease Agreement (Learningstar Inc)
USE OF LEASED PREMISES. The Leased Premises are leased to Tenant solely for the Permitted Use set forth in Article 1.9 above and for no other purpose whatsoever. If Tenant wishes to change the Permitted Use set forth in Article 1.9 above, Tenant shall first seek Landlord's ’s prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's ’s request for consent, Landlord shall provide Tenant written notice that Landlord has (i) consented to the proposed change in the Permitted Use, or (ii) decline to consent to the change, or (iii) elected to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. Tenant shall not do or permit anything to be done in or about tile the Leased Premises nor bring or keep anything in the Leased Premises which will in any way increase the existing rate of or affect any casualty or other insurance on the Building, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Building. Tenant shall not use the Leased Premises and/or the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's ’s improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the Building.
Appears in 1 contract
Sources: Office Lease (Revelstone Capital Acquisition Corp.)
USE OF LEASED PREMISES. The 14.1 Except as expressly permitted by prior written consent of the Landlord, the Leased Premises are leased to Tenant solely for the Permitted Use shall not be used other than as set forth in Article 1.9 above and for no other purpose whatsoever. If Tenant wishes to change the Permitted Use set forth in Article 1.9 above, Tenant shall first seek Landlord's prior written consent. Within thirty (30) days after receipt by Landlord on Lease Agreement Facing Page of Tenant's request for consent, Landlord shall provide Tenant written notice that Landlord has (i) consented to the proposed change in the Permitted Use, or (ii) decline to consent to the change, or (iii) elected to terminate this Lease, in which event this Lease use shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Terminationbe non-exclusive. Tenant shall not do engage in any activity which breaches the covenant of quiet enjoyment of any other tenant of Landlord. Landlord, in its sole discretion, may evict Tenant for breach of this provision. Landlord makes no representation or permit anything warranty to be done in the Tenant regarding the occupancy or about tile Leased Premises nor bring use of any lease space owned by the Landlord or keep anything in leased to any other tenant. All use of the Leased Premises which will in any way increase shall comply with the existing rate terms of or affect any casualty this Lease and all applicable laws, ordinances, regulations, or other insurance on the Building, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contentsgovernmental ordinances from time to time in existence. Tenant shall not do have more than one (1) person per two hundred and fifty (250) square feet of useable space occupying the premises. ▇▇▇▇▇▇-▇▇▇▇▇ Commercial, Inc. 10 LL /T
14.2 Tenant agrees that it will not keep, use, sell or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used offer for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste sale in or upon the Leased Premises and/or any articles which may be prohibited by any insurance policy in force time to time covering the Building. In the event the Tenant’s occupancy or conduct of business in or on the Leased Premises, whether or not the Landlord has consented to the same, results in any increase in premiums for the insurance carried from time to time by the Landlord with respect to the Building, the Tenant shall not use pay any such increase in premiums as Additional Rental within ten (10) days after bills for such additional premiums shall be rendered by the Leased Premises and/or Landlord in determining whether increased premiums are a result of the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, Tenant’s use or occupancy of the Property, excluding structural changes not relating to or affected Leased Premises. A schedule issued by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, organization computing the insurance rate shall be conclusive evidence of that fact between Landlord the several items and Tenantcharges which make up such rate. In addition, The Tenant shall not place a load upon any floor comply with all reasonable requirements of the Leased Premises which exceeds the load per square foot which the floor was designed insurance authority or of any insurer now or hereafter in effect relating to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the BuildingPremises.
Appears in 1 contract
USE OF LEASED PREMISES. 1. The Leased Premises are leased to shall only be occupied by the Tenant solely for the Permitted Use set forth in Article 1.9 above following purpose(s): early childhood educational purposes, specifically for the instruction of preschool students, who are ages three (3) and for no other purpose whatsoeverfour (4), by providing comprehensive educational, health, nutrition and social services, including all ancillary and incidental operations associated therewith.
2. If Tenant wishes to change the Permitted Use set forth in Article 1.9 above, Tenant shall first seek Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord shall provide Tenant written notice that Landlord has (i) consented to the proposed change in the Permitted Use, or (ii) decline to consent to the change, or (iii) elected to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. The Tenant shall not do or permit anything to be done in or about tile Leased Premises nor bring or keep anything in the Leased Premises which will to be used in any way increase manner which would render the existing rate insurance of or affect any casualty or other insurance on the Building, the Property, Landlord or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done other tenant in or about and around the Leased Premises and/or the Building which will in or on any way obstruct or interfere with the rights of other tenants or occupants of the Buildingproperty owned by the Landlord, void or injure or annoy themincrease the cost of such insurance over and above its normal cost.
3. The Tenant shall not use the Leased Premises for any unlawful purpose/business. Furthermore, the Tenant shall not use the Leased Premises in a way that may be a nuisance, annoyance, inconvenience to the Landlord or allow any of its other tenants, to neighbors of the Landlord, or to adjacent properties owned, leased or controlled by the Landlord which, in the judgment of the Landlord, might cause disturbance, impairment or interference with the use or enjoyment of the Landlord or any other tenant of the Landlord.
4. The Tenant and the Tenant’s servants, employees, agents, contractors, customers, clients, visitors, students, invitees and licensees shall observe faithfully and comply strictly with such rules and regulations which the Landlord or Landlord’s agents may from time to time reasonably adopt for the operation, safety, care, cleanliness and upkeep of the Leased Premises. Notice of any such rules or regulations shall be given in such manner as the Landlord shall elect. Nothing in this Lease shall be construed to impose upon the Landlord any duty or obligation to enforce the rules and regulations or terms, covenants or conditions in any other Lease, as against any other co-tenant, and the Landlord shall not be liable to the Tenant for violation of the same by any other party.
5. The Tenant shall not permit the Leased Premises to be used for any improperlodging or residential purposes.
6. The Tenant shall not cause trash or other rubbish to accumulate in or about the Leased Premises.
7. The Tenant shall not use or occupy the Leased Premises, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit the Leased Premises 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 cause structural injury to the improvements or cause the value or usefulness of the Leased Premises or any part thereof to diminish, or which would constitute a public or private nuisance inor waste or extra-hazardous use.
8. The Tenant shall not use or store any flammable, hazardous, or toxic substances or engage in any activity on or about the Leased Premises and/or which activities or substances expose the Tenant, Landlord, or others to a risk of injury, loss or damage.
9. The Tenant shall not permit any liens or other encumbrances on the title to be established or remain against the Leased Premises for any reason.
10. The Tenant shall keep the Building closed, locked and secured at all times that the Tenant is not using the Leased Premises. The Tenant shall not alter any lock or install a new lock on any door of the Building or the Leased Premises without the written consent of the Landlord. If such consent is given, the Tenant shall provide the Landlord an additional key for its use pursuant to its right of access to the Leased Premises.
11. The Building is a smoke-free and tobacco-free facility. Therefore, smoking, the use of tobacco and the use of electronic cigarettes are not allowed anywhere in the Building (including, but not limited to the Leased Premises) or on the grounds surrounding the Building. In additionFurthermore, Tenant shall the possession of illegal drugs and the possession of alcoholic beverages are not commit or suffer allowed anywhere in the Building (including, but not limited to be committed any waste in or upon the Leased Premises and/or Premises) or on the Building. Tenant shall not use the Leased Premises and/or the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of grounds surrounding the Building.
Appears in 1 contract
Sources: Lease Agreement
USE OF LEASED PREMISES. The Leased (a) Tenant is currently operating the Premises are leased to Tenant solely for the Permitted purpose of used car sales and activities incidental and related thereto (the "Intended Use"). Tenant agrees to remain open for business and to operate the Intended Use set forth in Article 1.9 above all or substantially all of the Premises during the Term. Tenant may occupy and use the Premises for no use other purpose whatsoever. If Tenant wishes to change than the Permitted Intended Use set forth in Article 1.9 above, Tenant shall first seek without Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord which shall provide Tenant written notice that Landlord has not be unreasonably withheld, conditioned or delayed. In no event, however, shall the Premises be used for a use which would (i) consented to have a material adverse effect on the proposed change in value of the Permitted UsePremises, or (ii) decline increase (when compared to consent to use as the changeIntended Use) the likelihood that Tenant, Landlord or Lender would incur liability under any provisions of any Environmental Laws, or (iii) elected result in or give rise to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant any material environmental deterioration or degradation of Landlord's Notice of Terminationthe Premises. Tenant shall not create or suffer to exist any public or private nuisance, hazardous or illegal condition or waste on or with respect to the Premises. Tenant shall not use, occupy or permit any of the Premises to be used or occupied, nor do or permit anything to be done in or about tile Leased on any of the Premises, in a manner which would (A) make void or voidable any insurance which Tenant is required hereunder to maintain then in force with respect to any of the Premises, or (B) affect the ability of Tenant to obtain any insurance which Tenant is required to furnish hereunder, (C) impair Landlord's title to the Premises, 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 Premises nor bring or keep anything any portion thereof, or (D) conflict with the terms or conditions of any instrument or agreement binding upon Landlord, Tenant or the Premises. Nothing contained in this Lease and no action by Landlord shall be construed to mean that Landlord has granted to Tenant any authority to do any act or make any agreement that may create any such third party or public right, title, interest, lien, charge or other encumbrance upon the estate of the Landlord in the Leased Premises which will Premises.
(b) Tenant represents and warrants to Landlord that all necessary certificates of occupancy, permits, licenses and consents from any and all appropriate governmental authorities have been obtained by Tenant and are in any way increase the existing rate of or affect any casualty or other insurance on the Building, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Building. Tenant shall not use the Leased Premises and/or the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in full force or which may subsequently be enacted or promulgatedand effect, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now Tenant agrees to maintain them in force or which may subsequently be in full force and with effect during the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the BuildingTerm.
Appears in 1 contract
Sources: Purchase and Sale Leaseback Agreement (Ugly Duckling Corp)
USE OF LEASED PREMISES. 5.01 The Leased Premises may be used and occupied only for general manufacturing and assembly, testing, warehousing and distribution, showroom and offices, and such other uses as are leased to Tenant solely for incidental thereto and customary in connection therewith (collectively herein the "Permitted Use set forth in Article 1.9 above Uses'), and for no other purpose whatsoever. If Tenant wishes to change the Permitted Use set forth in Article 1.9 aboveor purposes, Tenant shall first seek without Landlord's prior written consent. Within thirty Tenant shall promptly comply at its sole expense with all laws, ordinances, orders, and regulations (30collectively herein "Laws", or singularly "Law") days after receipt by Landlord which are applicable as a result of Tenant's request for consentspecific use of the Leased Premises, Landlord shall provide Tenant written notice that Landlord has (i) consented but specifically not including any zoning Law, building Law or other Law applicable to the proposed change construction or installation of the Building (except as a result of or in the Permitted Use, or (ii) decline to consent to the change, or (iii) elected to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt connection with any alterations made by Tenant of Landlord's Notice of TerminationTenant). Tenant shall not do or permit anything not, without prior written notice to be done in or about tile Leased Premises nor bring or keep anything in the Leased Premises which will in any way increase the existing rate of or affect any casualty or other insurance on the BuildingLandlord, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which that will in any way obstruct increase the insurance premiums due for fire insurance upon the Building. Tenant shall be solely responsible for all increases in fire insurance premium amounts resulting from Tenant's specific use of the Building. Tenant will not perform any act or interfere with carry on any practices that will likely injure the rights of other tenants building or constitute a nuisance to owners or occupants of the Building, or injure or annoy themadjoining premises. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, outside storage on or about the Leased Premises, including pallets or other refuse. No area outside of the Leased Premises and/or shall be used by Tenant for storage without Landlord's prior written consent. The rear loading areas of the BuildingTenant's unit must be clean and unobstructed. Tenant shall, at Tenant's sole cost and expense, comply fully with all environmental laws and regulations, and all other legal requirements, applicable to Tenant's operations at, on or within, or to Tenant's use and occupancy of, the Leased Premises. On or before the Commencement Date, Tenant shall take possession of, and, thereafter, continuously occupy the Leased Premises during the term of this Lease, and operate thereon the normal business operations of Tenant, subject to sections 18.01, 18.02, and 20.01.
5.02 Tenant shall not cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous substances or materials. Tenant shall not allow the storage or use of such substances or materials in any manner not permitted by law for the storage and use of such substances or materials, nor allow to be brought into the Lease Premises any such materials or substances except to use in the ordinary course of Tenant's business. Without limitation, hazardous substances or materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., any applicable state or local laws and the regulations adopted under these acts. If any governmental agency shall ever require testing of the Leased Premises to ascertain whether or not there has been any release of hazardous substances or materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand only if such governmental agency makes a written determination that Tenant caused the release of such hazardous substances or materials and Tenant is provided a copy of such determination. In addition, Tenant agrees to provide Landlord with notice any time it brings hazardous substances or materials on to the Leased Premises in such a manner that it would result in a reporting obligation under any federal, state or local law. In addition, Tenant shall not commit execute affidavits, representations and the like from time to time, but limited to one time per calendar year, at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of hazardous substances or suffer to be committed materials on the Leased Premises. Tenant shall indemnify Landlord and hold Landlord harmless from and against any waste and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees and consultant and expert fees) arising from or in connection with the presence of hazardous substances in or upon on the Leased Premises and/or resulting from the Buildingactions of Tenant except as a result of the acts or omissions of Landlord, its agents, employees and contractors for which Landlord shall indemnify Tenant and hold Tenant harmless in the manner provided in section 5.03 below. Without limitation of the foregoing, these indemnifications shall include any and all costs incurred due to any investigation of the site or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision. The indemnification covenants in this section 5.02 shall survive the expiration or earlier termination of the lease term.
5.03 Landlord shall indemnify Tenant shall not use and hold Tenant harmless from and against any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees and consultant and expert fees) arising from or in connection with the presence of hazardous substances in or on the Leased Premises and/or which presence resulted from the Building acts of Landlord except as a result of the acts or permit anything omissions of Tenant, its agents, employees and contractors for which Tenant shall indemnify Landlord and hold Landlord harmless in the manner provided in section 5.02 above. Without limitation of the foregoing, these indemnifications shall include any and all costs incurred due to be done any investigation of the site or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision. The indemnification covenants in this section 5.03 shall survive the expiration or about earlier termination of the lease term.
5.04 In the event of the discovery of the presence of hazardous substances or materials on the Leased Premises and/or which presence arose prior to the Building which will in any way conflict Commencement Date, Tenant shall have the right to terminate the Lease with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and with one hundred twenty (120) days prior notice to Landlord. Notwithstanding the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In additionforegoing, Tenant shall not place a load upon any floor of have the right to terminate the Lease if: (i) within ninety (90) days following such notice Landlord brings the Leased Premises which exceeds in compliance with all laws related to hazardous substances and materials, or to the load per square foot which extent such compliance shall be incapable of completion within such ninety (90) days, if Landlord shall commence such compliance within such ninety (90) day period and continuously and in good faith prosecute the floor was designed to carry, nor shall Tenant install business machines performance of the same until completion; and (ii) the presence of such hazardous substances or other mechanical equipment in materials does not materially affect Tenant's operations at the Leased Premises which cause noise or vibration that may be transmitted to the structure of the BuildingPremises.
Appears in 1 contract
Sources: Lease Agreement (Innotrac Corp)
USE OF LEASED PREMISES. 1. The Leased Premises are leased shall be occupied and used for warehousing, wholesale and retail sales, if applicable, offices for administration and sales, including the purposes of warehousing, distribution, and manufacturing Lessee's full range of products similar and/or equal to Tenant solely for the Permitted Use set forth in Article 1.9 above current production and/or warehousing facilities located at ▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, or any other legal use so long as all products stored conform to all state and for no other purpose whatsoever. If Tenant wishes to change the Permitted Use set forth in Article 1.9 above, Tenant shall first seek Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord shall provide Tenant written notice that Landlord has (i) consented federal regulation pertaining to the proposed change storage, maintenance or possession of products defined as toxic under applicable standards. Lessee agrees that it will not store, possess or dispose of any product in other than the Permitted Use, or (ii) decline to consent manner prescribed by applicable regulations.
2. The Lessee covenants and warrants to the change, or (iii) elected Lessor:
a. Not to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. Tenant shall not do or permit anything to be done in or about tile Leased Premises nor bring or keep anything in use the Leased Premises which will in any way increase the existing rate of or affect any casualty or other insurance on the Building, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful purpose or objectionable purpose, nor shall Tenant cause, maintain any purpose not specifically permitted by this Lease.
b. Not to use or occupy or suffer or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer any part thereof to be committed used or occupied in any waste in manner so as to increase the cost of fire or upon other casualty insurance over and above the normal cost of such insurance for the type and location of the Building or contrary to the Lease.
c. Not to display any merchandise or other items outside the Leased Premises and/or nor in any way obstruct the Building. Tenant shall not use sidewalks adjacent thereto.
d. Not to place garbage, rubbish, trash or containers thereof outside the Leased Premises and/or except in such containers, if any, which the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and Lessee shall have provided for such purpose with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy approval of the PropertyLessor.
e. To load and unload all merchandise and other items and to cause the collection of garbage, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenantrubbish and trash through such doors, irrespective of whether Landlord is a partyif any, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds as the load per square foot which the floor was designed to carry, nor Lessor shall Tenant install business machines or other mechanical equipment in have designated for such purpose.
f. To keep the Leased Premises in a good, safe, clean and proper condition.
g. To prevent the Leased Premises form being used in any way which cause noise shall injure or vibration that damage the same or the Building or which may be transmitted or result in a nuisance, annoyance, inconvenience or damage to the structure other tenants of the Building.
h. To abide by all reasonable rules and regulations established by Lessor, from time to time, with respect to the Building, provided, however, that no such rules or regulations shall prohibit or unreasonably hinder the use of the Leased Premises for the purpose referred to in this Article not interfere with Lessee's right to quiet enjoyment of the premise.
Appears in 1 contract
Sources: Lease Agreement (Learningstar Inc)
USE OF LEASED PREMISES. The Leased Premises are leased to Tenant solely for the Permitted Use set forth in Article 1.9 above and for no other purpose whatsoever. If Tenant wishes ----------- to change the Permitted Use set forth in Article 1.9 above, Tenant shall first ----------- seek Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's Tenants request for consent, Landlord shall provide Tenant written notice that Landlord has (i) consented to the proposed change in the Permitted Use, or (ii) decline to consent to the change, or (iii) elected to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. Tenant shall not do or permit anything to be done in or about tile the Leased Premises nor bring or keep anything in the Leased Premises which will in any way increase the existing rate of or affect any casualty or other insurance on the Building, the Property, or any of their respective contents, or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Building. Tenant shall not use the Leased Premises and/or the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the Building.
Appears in 1 contract
USE OF LEASED PREMISES. (a) The Leased Premises are leased to Tenant solely for the Permitted Use set forth in Article 1.9 above and for no other purpose whatsoever. If Tenant wishes to change the Permitted Use set forth in Article 1.9 above, Tenant shall first seek Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord shall provide Tenant written notice that Landlord has (i) consented to the proposed change in the Permitted Use, or (ii) decline to consent to the change, or (iii) elected to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. Tenant shall not do ▇▇▇▇, drive nails, screw or permit anything drill into walls, nor in any way deface the glass, ceilings, partitions, floors, wood, stone or iron work. The Tenant shall bear the expense of any breakage, stoppage or damage caused by the Tenant or his servants, agents or employees.
(b) The doors, sashes, windows, glass doors, lights and skylights that reflect or admit light into the halls or other places of the Building, shall not be covered or obstructed.
(c) The Tenant shall not hang or suspend from any wall or ceiling or roof, or any other part of the Leased Premises or the Building, any equipment, fixtures, signs or displays which are not first authorized by the Landlord.
(d) The Landlord retains the right to prescribe the materials and colour to be done in or about tile Leased Premises nor bring or keep anything used by the Tenant for blinds and awnings (if applicable) and to grant permission for the use thereof.
(e) The Tenant shall not use in the Leased Premises any machinery which will in may cause any way increase noise or jar or tremor to the existing rate of floors or affect any casualty or other insurance on the Building, the Propertywalls, or any of their respective contents, which by its weight might injure the floors or cause a cancellation of any insurance policy covering the Building, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Building. Tenant shall not use the Leased Premises and/or the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure walls of the Building.
(f) The Landlord shall prescribe the maximum weight, size and position of any safes or pieces of heavy equipment used in the Building. All damage done to the Building by putting in or taking out, or maintaining safes or pieces of heavy equipment, shall be repaired at the expense of the Tenant.
(g) The Tenant shall not move any furniture, equipment or fixtures to or from their premises during Normal Business Hours. The Landlord may authorize in writing an exception to this rule in the case of a Tenant who wishes to move a single piece of furniture, equipment or fixture, and may establish the date and time of delivery or pickup.
(h) When a Tenant wishes to move any furniture, equipment or fixtures to or from their premises, it shall give the Landlord two days notice, specifying the desired delivery or pickup time and the quantity of items to be moved. The Landlord will arrange for elevator pads, electronic security bypass and a security guard to attend the move, all at the Tenant's cost. If the move is at the end of the term or if the Tenant is in arrears of rent, the Landlord may require the prepayment by the Tenant of the estimated amount of the above described costs.
Appears in 1 contract
USE OF LEASED PREMISES. The Leased Premises are leased to Tenant solely for the Permitted Use set forth in Article 1.9 above and for no other purpose whatsoever. If Tenant wishes to change the Permitted Use set forth in Article 1.9 above, (a) Tenant shall first seek Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord shall provide Tenant written notice that Landlord has (i) consented to the proposed change in the Permitted Use, or (ii) decline to consent to the change, or (iii) elected to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant of Landlord's Notice of Termination. Tenant shall not do or permit anything to be done in or about tile Leased Premises nor bring or keep anything in use the Leased Premises which will in any way increase the existing rate of or affect any casualty or other insurance on the Buildingsolely for school uses, the Propertyincluding classrooms, or any of their respective contentsstaff offices, or cause a cancellation of any insurance policy covering the Buildingand programming facilities, the Property, or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Building. Tenant and shall not use the Leased Premises and/or for any other use or purpose without the Building prior written consent of the Landlord which may be withheld in Landlord’s sole discretion.
(b) Tenant shall not use or permit anything to be done in or about occupy the Leased Premises and/or or permit the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to Leased Premises for any purpose or affected by Tenant's improvements in any manner which (1) is unlawful or acts. The judgment in violation of any court of competent jurisdiction applicable legal or the admission by Tenant in any action against Tenantgovernmental requirement, irrespective of whether Landlord is a party, that Tenant has violated any matters of recordordinance, or rule; (2) may be dangerous to persons or property; (3) may invalidate or increase the amount of premiums for any lawpolicy of insurance affecting the Building, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive and if any additional amounts of that fact between Landlord and Tenant. In additioninsurance premiums are so incurred, Tenant shall pay to Landlord the additional amounts on demand; or (4) may create a nuisance, disturb any other tenant, or injure the reputation of the Landlord.
(c) Tenant shall not place a load upon enter into any floor of service contracts with non-governmental persons or entities (“non-governmental contractors”) under which such non-governmental contractors will perform services on or related to the Leased Premises without Landlord’s prior written consent, which exceeds consent shall not be unreasonably withheld. Such service contracts include, by way of example only and without limitation, food service contracts, janitorial/custodial service contracts, and landscaping contracts. The parties recognize and agree, by way of example and without limitation, that it is reasonable for Landlord to withhold its consent for Tenant to enter into a service contract with a non-governmental contractor which jeopardize the load per square foot which the floor was designed tax-exempt status of any bonds related to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises Premises.
(d) In the event Landlord believes in good faith that any business or activity conducted or anticipated by Tenant violates Section 8 of this Lease, Landlord may give written notice to Tenant thereof. Upon receipt of such a written notice, Tenant shall have seven (7) days to cease and desist from the business or activity in question or provide a written response refuting the alleged violation. Tenant’s failure to comply shall constitute a material breach of this Lease by Tenant and grounds for termination of Lease with thirty (30) days written notice.
(e) Tenant may, with Landlord’s prior written consent which cause noise or vibration that may consent shall not be transmitted unreasonably withheld, undertake to temporarily change the structure name of the Building, such temporary name change to be undertaken only as may be required to and in accordance with State law to maintain funding for the Tenant’s programs.
Appears in 1 contract
Sources: Lease Agreement
USE OF LEASED PREMISES. The Leased (a) Tenant shall use the Premises are leased to Tenant solely for the Permitted purpose of commercial offices and activities incidental and related thereto (the "Intended Use"). Tenant agrees to remain open for business and to operate the Intended Use set forth in Article 1.9 above all or substantially all of the Premises during the Term. Tenant may occupy and use the Premises for no use other purpose whatsoever. If Tenant wishes to change than the Permitted Intended Use set forth in Article 1.9 above, Tenant shall first seek without Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord which shall provide Tenant written notice that Landlord has not be unreasonably withheld conditioned or delayed. In no event, however, shall the Premises be used for a use which would (i) consented to have a permanent and material adverse effect on the proposed change in value of the Permitted UsePremises, or (ii) decline increase (when compared to consent to use as the changeIntended Use) the likelihood that Tenant, Landlord or Lender would incur liability under any provisions of any Environmental Laws, or (iii) elected result in or give rise to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant any material environmental deterioration or degradation of Landlord's Notice of Terminationthe Premises. Tenant shall not create or suffer to exist any public or private nuisance, hazardous or illegal condition or waste on or with respect to the Premises. Tenant shall not use, occupy or permit any of the Premises to be used or occupied, nor do or permit anything to be done in or about tile Leased Premises nor bring on any of the Premises, in a manner which would (A) make void or keep anything voidable any insurance which Tenant is required hereunder to maintain then in force with respect to any of the Leased Premises which will in any way increase the existing rate of or affect any casualty or other insurance on the Building, the PropertyPremises, or (B) affect the ability of Tenant to obtain any of their respective contentsinsurance which Tenant is required to furnish hereunder, (C) impair Landlord's title to the Premises, or cause in such manner as might reasonably make possible a cancellation claim or claims of adverse usage or adverse possession by the public, as such, or third Persons, or of implied dedication of the Premises or any portion thereof, or (D) conflict with the terms or conditions of any insurance policy covering the Building, the Property, instrument or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Building. Tenant shall not use the Leased Premises and/or the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact agreement between Landlord and Tenant. In additionNothing contained in this Lease and no action by Landlord shall be construed to mean that Landlord has granted to Tenant any authority to do any act or make any agreement that may create any such third party or public right, title, interest, lien, charge or other encumbrance upon the estate of the Landlord in the Premises.
(b) Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install conduct its business machines or other mechanical equipment operation in the Leased Premises which cause noise or vibration that may be transmitted to the structure unless and until (and only during such time as) all necessary certificates of the Buildingoccupancy, permits, licenses and consents from any and all appropriate governmental authorities have been obtained by Tenant and are in full force and effect.
Appears in 1 contract
Sources: Lease (Ugly Duckling Corp)
USE OF LEASED PREMISES. The Leased (a) Tenant is currently operating the Premises are leased to Tenant solely for the Permitted purpose of used car sales and activities incidental and related thereto (the "Intended Use"). Tenant agrees to remain open for business and to operate the Intended Use set forth in Article 1.9 above all or substantially all of the Premises during the Term. Tenant may occupy and use the Premises for no use other purpose whatsoever. If Tenant wishes to change than the Permitted Intended Use set forth in Article 1.9 above, Tenant shall first seek without Landlord's prior written consent. Within thirty (30) days after receipt by Landlord of Tenant's request for consent, Landlord which shall provide Tenant written notice that Landlord has not be unreasonably withheld conditioned or delayed. In no event, however, shall the Premises be used for a use which would (i) consented to have a permanent and material adverse effect on the proposed change in value of the Permitted UsePremises, or (ii) decline increase (when compared to consent to use as the changeIntended Use) the likelihood that Tenant, Landlord or Lender would incur liability under any provisions of any Environmental Laws, or (iii) elected result in or give rise to terminate this Lease, in which event this Lease shall terminate ten (10) days following receipt by Tenant any material environmental deterioration or degradation of Landlord's Notice of Terminationthe Premises. Tenant shall not create or suffer to exist any public or private nuisance, hazardous or illegal condition or waste on or with respect to the Premises. Tenant shall not use, occupy or permit any of the Premises to be used or occupied, nor do or permit anything to be done in or about tile Leased Premises nor bring on any of the Premises, in a manner which would (A) make void or keep anything voidable any insurance which Tenant is required hereunder to maintain then in force with respect to any of the Leased Premises which will in any way increase the existing rate of or affect any casualty or other insurance on the Building, the PropertyPremises, or (B) affect the ability of Tenant to obtain any of their respective contentsinsurance which Tenant is required to furnish hereunder, (C) impair Landlord's title to the Premises, or cause in such manner as might reasonably make possible a cancellation claim or claims of adverse usage or adverse possession by the public, as such, or third Persons, or of implied dedication of the Premises or any portion thereof, or (D) conflict with the terms or conditions of any insurance policy covering the Building, the Property, instrument or any part of the Building or the Property, or any of their respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises and/or the Building which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises and/or the Building. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises and/or the Building. Tenant shall not use the Leased Premises and/or the Building or permit anything to be done in or about the Leased Premises and/or the Building which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may subsequently be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may subsequently be in force and with the requirements of any Board of Fire Underwriters or other similar body now or subsequently constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, irrespective of whether Landlord is a party, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact agreement between Landlord and Tenant. In additionNothing contained in this Lease and no action by Landlord shall be construed to mean that Landlord has granted to Tenant any authority to do any act or make any agreement that may create any such third party or public right, title, interest, lien, charge or other encumbrance upon the estate of the Landlord in the Premises.
(b) Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install conduct its business machines or other mechanical equipment operation in the Leased Premises which cause noise or vibration that may be transmitted to the structure unless and until (and only during such time as) all necessary certificates of the Buildingoccupancy, permits, licenses and consents from any and all appropriate governmental authorities have been obtained by Tenant and are in full force and effect.
Appears in 1 contract
Sources: Lease Agreement (Ugly Duckling Corp)