USE OF LEASED PREMISES. 5.1.1 The Lessee shall use the Leased Premises solely and exclusively for scientific research, development activities, laboratory use and/or office space in connection thereof including marketing and market development and shall comply with all requirements of all Applicable Laws. The Lessee’s activities in the Leased Premises shall consist of a minimum of 30% research and development activities. The Leased Premises may not be used for any other purposes without the written consent of the Lessor, failing which the Lessor is entitled to automatically terminate the Lease. Exterior storage is not permitted on any grounds of the Building. 5.1.2 Notwithstanding any provision to the contrary, the Lessee shall not run any business or use, allow or tolerate the use of the Leased Premises or any part thereof for any activity that in the opinion of the Lessor would tarnish the character, quality or reputation of the Lessor or the Building, or for any fraudulent or immoral practice, or carry out in the Leased Premises any activity that would be dangerous or harmful or would do anything whatsoever that could hinder the peaceable enjoyment of the other tenants or occupants of the Building or make noise or create foul odors that could inconvenience the other tenants or occupants or neighbors, or create or tolerate any losses or damages, alteration or deterioration of the Leased Premises or the Building or overload the floors in such a way as to jeopardize the structure of the Building. The Lessee, shall not, in any manner whatsoever, hold the Lessor liable for any damages or inconveniences that the Lessee may suffer due to the fault or actions of any other tenant or occupant of the Building, and the Lessee expressly waives all claims and recourses it may or could have in respect of the Lessor pursuant to Sections 1859 and 1861 of the Civil Code of Québec. 5.1.3 The Lessee acknowledges that the Lessor makes no representations or warranties that the Leased Premises may legally be used for activities carried out by the Lessee, notwithstanding the fact that such use complies with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility to obtain any permits, licenses or authorizations required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding the generality of the foregoing, the Lessee is not entitled to invoke inability to obtain any permits, licenses or authorizations as a basis for terminating this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Repare Therapeutics Inc.), Lease Agreement (Repare Therapeutics Inc.)
USE OF LEASED PREMISES. 5.1.1 (a) The Lessee Tenant shall use not ▇▇▇▇, drive nails, screw nor drill into walls, nor in any way deface the Leased Premises solely and exclusively for scientific researchglass, development activitiesceilings, laboratory use and/or office space in connection thereof including marketing and market development and shall comply with all requirements of all Applicable Lawspartitions, floors, wood, stone or iron work. The Lessee’s activities in Tenant shall bear the Leased Premises shall consist expense of a minimum of 30% research any breakage, stoppage or damage caused by the Tenant or his servants, agents or employees.
(b) The doors, sashes, windows, glass doors, lights and development activities. The Leased Premises may not be used for any skylights that reflect or admit light into the halls or other purposes without the written consent of the Lessor, failing which the Lessor is entitled to automatically terminate the Lease. Exterior storage is not permitted on any grounds places of the Building, shall not be covered or obstructed.
5.1.2 Notwithstanding any provision to the contrary, the Lessee (c) The Tenant shall not run hang or suspend from any business wall or useceiling or roof, allow or tolerate the use of the Leased Premises or any other part thereof for any activity that in the opinion of the Lessor would tarnish the character, quality or reputation of the Lessor or the Building, or for any fraudulent or immoral practice, or carry out in the Leased Premises any activity that would be dangerous or harmful or would do anything whatsoever that could hinder the peaceable enjoyment of the other tenants or occupants of the Building or make noise or create foul odors that could inconvenience the other tenants or occupants or neighbors, or create or tolerate any losses or damages, alteration or deterioration of the Leased Premises or the Building, any equipment, fixtures, signs or displays which are not first authorized by the Landlord.
(d) The Tenant will use only the Building standard window blinds as determined by the Landlord and will not install or overload the floors in such a way as permit to jeopardize the structure of the Building. The Lessee, shall not, in any manner whatsoever, hold the Lessor liable for any damages be installed on or inconveniences that the Lessee may suffer due adjacent to the fault windows in the leased Premises any other window covering or actions shades of any other tenant type whatsoever whether or occupant not visible from the outside of the Building, and the Lessee expressly waives all claims and recourses it may including, without limitation, drapes, curtains, blinds or could have in respect of the Lessor pursuant to Sections 1859 and 1861 of the Civil Code of Québecshades.
5.1.3 (e) The Lessee acknowledges that the Lessor makes no representations or warranties that Tenant shall not use in the Leased Premises any machinery which may legally cause any noise or jar or tremor to the floors or walls, or which by its weight might injure the floors or 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 used repaired at the expense of the Tenant.
(g) The Tenant shall not move any furniture, equipment or fixtures to or from their premises - if such premises are designated for activities carried office or retail use - 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. The Tenant must request permission to move furniture, equipment or fixture in or out of the Leased Premises two business days prior to the move and the Landlord will, at the Tenant's cost, install elevator protections, make the necessary arrangements with the electronic security monitoring station and retain a security guard.
(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 Lessee, notwithstanding the fact that such use complies with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility to obtain any permits, licenses or authorizations required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding the generality Tenant of the foregoing, estimated amount of the Lessee is not entitled to invoke inability to obtain any permits, licenses or authorizations as a basis for terminating this Leaseabove described costs.
Appears in 2 contracts
Sources: Lease (Spectrum Signal Processing Inc), Lease Agreement (Infowave Software Inc)
USE OF LEASED PREMISES. 5.1.1 The a. Lessee shall use the Leased Premises solely for construction, operation, and exclusively for scientific researchleasing of the Base Station as provided herein, development activities, laboratory use and/or office space in connection thereof including marketing and market development and shall comply with all requirements of all Applicable Lawsuse the Appurtenant Easements solely for the applicable purposes described in Section 2. The Lessee’s activities in Lessor makes no representation or warranty whether such use is permitted by any laws or regulations applicable to the Leased Premises shall consist of a minimum of 30% research Premises, and development activities. The Leased Premises may not be used Lessee is solely responsible for determining whether such use is permitted, and for securing all necessary licenses, permits and approvals therefor.
b. Notwithstanding any other purposes without the written consent provision of this Lease, Lessee acknowledges the Lessor, failing which the Lessor is entitled to automatically terminate the Lease. Exterior storage is not permitted on any grounds of the Building.
5.1.2 Notwithstanding any provision to the contrary, the Lessee shall not run any business or use, allow or tolerate the ’s use of the Leased Premises or Site as a park headquarters and that Lessee’s rights under this Lease (and, accordingly, any part thereof for any activity that in the opinion Carrier rights under a Carrier Sublease (as defined below)) are subject and subordinate to Lessor’s use and operation of the Lessor would tarnish Site. Accordingly, in exercising their rights under this Lease, Lessee shall use its best efforts to avoid any adverse construction, operational or other such impact on the characterSite or Lessor’s use and operation thereof, quality whether such impacts arise from work or reputation activities being performed or undertaken on or off of the Site (utility outages arising from off-site utility relocation, for example), and, notwithstanding any other provision of this Lease, Lessee will use its best efforts to cause such entry, work or activities to be performed or undertaken at such times, and to occur in such manner, as Lessor may require, in its reasonable discretion, to avoid any adverse impacts to the Site or Lessor’s use thereof. Further, Lessee agrees that it will cause each Carrier to comply with the Buildingprovisions of this Section 3. Pursuant to the provisions of Section 8b, or Lessee shall be responsible for any fraudulent or immoral practicerepairing all damage to the Base Station, or carry out in the Leased Premises any activity that would be dangerous or harmful or would do anything whatsoever that could hinder the peaceable enjoyment of the other tenants or occupants of the Building or make noise or create foul odors that could inconvenience the other tenants or occupants or neighbors, or create or tolerate any losses or damages, alteration or deterioration of the Leased Premises or the Building Site caused by Lessee or overload the floors in such a way as to jeopardize the structure any of Lessee’s employees, contractors or agents. In case of emergencies threatening life or safety or any component of the Building. The LesseeBase Station, shall not, in any manner whatsoever, hold the Lessor liable for any damages or inconveniences that the Lessee may suffer due enter the Leased Premises without prior notice to the fault or actions Lessor, provided Lessee notifies Lessor of any other tenant or occupant of the Buildingsuch entry, and the Lessee expressly waives all claims and recourses it may or could have in respect nature of the Lessor pursuant work performed or undertaken as a result of such emergency, as soon as practicable after Lessee’s entry. Notwithstanding the foregoing, Lessee shall have the right to Sections 1859 make customary and 1861 routine inspections of the Civil Code of Québec.
5.1.3 The Lessee acknowledges that the Lessor makes no representations or warranties that the Leased Premises may legally be used upon one (1) business day prior notice, provided that (i) such entry is only for activities carried out by the Lesseepurpose of inspecting the Leased Premises, notwithstanding conducting routine maintenance and repairs (provided such maintenance and/or repairs do not require alteration of the fact that structural elements to the Base Station or the Monopole or the addition or substitution of any electrical cabinet or equipment shelter) and (ii) the worker or workers who make such use complies inspections check-in with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility appropriate personnel at the Site prior to obtain any permitsaccessing the Leased Premises and, licenses or authorizations in all cases, follow all procedures required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding the generality of the foregoing, the Lessee is not entitled to invoke inability to obtain any permits, licenses or authorizations as a basis for terminating this LeaseSite personnel.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
USE OF LEASED PREMISES. 5.1.1 The Lessee shall use the Leased Premises solely and exclusively for scientific research, development activities, laboratory use and/or office space in connection thereof including marketing and market development and shall comply with all requirements of all Applicable Laws. The Lessee’s activities in the Leased Premises shall consist of a minimum of 30% research and development activitiesSECTION 1. The Leased Premises may not shall be used and occupied only for any direct mail and telemarketing activities, warehousing and distribution of products and related activities and for no other purposes without the written consent of the Lessor, failing which the Lessor is entitled to automatically terminate the Lease. Exterior storage is not permitted on any grounds of the Building.
5.1.2 Notwithstanding any provision to the contrary, the SECTION 2. The Lessee shall not run any operate its business or usein a safe and proper manner as is normal, allow or tolerate considering the use uses of the Leased Premises above provided; and shall not manufacture, store, display or maintain any part thereof products or materials that will endanger the Leased Premises; shall do nothing that would increase the cost of insurance on the building or invalidate existing policies; shall not obstruct the sidewalks; shall not use the plumbing for any activity other purpose than for which it was constructed; shall not make or permit any unreasonable noise and/or odor objectionable to the public or adjacent occupants; shall not create a nuisance on the Leased Premises; and shall commit no waste.
SECTION 3. The Lessee shall abide by all police and fire regulations concerning the operation of its business; shall store all trash, rubbish and debris in closed containers; and shall practice all proper procedures and methods that in the opinion of the Lessor would tarnish the character, quality or reputation of the Lessor or the Building, or for any fraudulent or immoral practice, or carry out are common to its business enterprise. The Lessee shall maintain a minimum temperature in the Leased Premises of fifty-five (55) degrees fahrenheit.
SECTION 4. The Lessee shall at all times keep all improvements and any activity that would be dangerous equipment facilities or harmful fixtures in good order, condition and repair and in a clean, sanitary and safe condition and in accordance with all applicable laws, ordinances and regulations of any governmental authority having jurisdiction. Lessee shall permit no waste, damage or would do anything whatsoever that could hinder injury to the peaceable enjoyment Leased Premises.
SECTION 5. Lessee shall forthwith at its own cost and expense replace with glass of the same kind and quality any cracked or broken glass, including plate glass or glass or other tenants or occupants of the Building or make noise or create foul odors that could inconvenience the other tenants or occupants or neighborsbreakable materials used in structural portions, or create or tolerate and any losses or damages, alteration or deterioration of interior and exterior windows and doors in the Leased Premises or the Building or overload the floors in such a way as to jeopardize the structure of the Building. The Lessee, shall not, in any manner whatsoever, hold the Lessor liable for any damages or inconveniences that the Lessee may suffer due to the fault or actions of any other tenant or occupant of the Building, and the Lessee expressly waives all claims and recourses it may or could have in respect of the Lessor pursuant to Sections 1859 and 1861 of the Civil Code of QuébecPremises.
5.1.3 The Lessee acknowledges that the Lessor makes no representations or warranties that the Leased Premises may legally be used for activities carried out by the Lessee, notwithstanding the fact that such use complies with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility to obtain any permits, licenses or authorizations required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding the generality of the foregoing, the Lessee is not entitled to invoke inability to obtain any permits, licenses or authorizations as a basis for terminating this Lease.
Appears in 1 contract
USE OF LEASED PREMISES. 5.1.1 The Lessee shall use the Leased Premises solely and exclusively for scientific research, development activities, laboratory use activities and/or office space in connection thereof including marketing and market development and shall comply with all requirements of all Applicable Laws. The Lessee’s activities in the Leased Premises shall consist laws, orders, judgements, ordinances, rules, codes, directives, permits, licenses, covenant restrictions and regulations of a minimum of 30% research and development activitiesany federal, provincial, regional or municipal authority or other governmental body, tribunal or commission having jurisdiction. The Leased Premises may not be used for any other purposes without the written consent of the Lessor, failing which the Lessor is entitled to automatically terminate Lessee shall be considered in default in accordance with the Leaseterms hereof. Exterior storage is not permitted on any grounds of the Building.
5.1.2 Notwithstanding any provision to the contrary, the Lessee shall not run any business or use, allow or tolerate the use of the Leased Premises or any part thereof for any activity that in the opinion of the Lessor would tarnish the character, quality or reputation of the Lessor or the Building, or for any fraudulent or immoral practice, or carry out in the Leased Premises any activity that would be dangerous or harmful or would do anything whatsoever that could hinder the peaceable enjoyment of the other tenants or occupants of the Building or make noise or create foul odors that could inconvenience the other tenants or occupants or neighbors, or create or tolerate any losses or damages, alteration or deterioration of the Leased Premises or the Building or overload the floors in such a way as to jeopardize the structure of the Building. The Lessee, shall not, in any manner whatsoever, hold the Lessor liable for any damages or inconveniences that the Lessee may suffer due to the fault or actions of any other tenant or occupant of the Building, and the Lessee expressly waives all claims and recourses it may or could have in respect of the Lessor pursuant to Sections 1859 and 1861 of the Civil Code of QuébecQuebec. The Lessor shall however take all reasonable steps to cure the problem.
5.1.3 The Lessee acknowledges that the Lessor makes no representations or warranties that the Leased Premises may legally be used for activities carried out by the Lessee, notwithstanding the fact that such use complies with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility to obtain any permits, licenses or authorizations required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding the generality of the foregoing, the Lessee is not entitled to invoke inability to obtain any permits, licenses or authorizations as a basis for terminating this Lease.5.1.1
Appears in 1 contract
USE OF LEASED PREMISES. 5.1.1 1. The Leased Premises 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 current production and/or warehousing facilities located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, or any other legal use so long as all products stored conform to all state and federal regulation pertaining to the 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 manner prescribed by applicable regulations.
2. The Lessee shall covenants and warrants to the Lessor:
a. Not to use the Leased Premises solely and exclusively for scientific research, development activities, laboratory use and/or office space in connection thereof including marketing and market development and shall comply with all requirements of all Applicable Laws. The Lessee’s activities in or permit the Leased Premises shall consist of a minimum of 30% research and development activities. The Leased Premises may not to be used for any other purposes without the written consent of the Lessor, failing which the Lessor is entitled to automatically terminate the unlawful purpose or any purpose not specifically permitted by this Lease. Exterior storage is not permitted on any grounds of the Building.
5.1.2 Notwithstanding any provision b. Not to the contrary, the Lessee shall not run any business use or use, allow occupy or tolerate the use of suffer or permit the Leased Premises or any part thereof to be used or occupied in any manner so as to increase the cost of fire or other casualty insurance over and above the normal cost of such insurance for any activity that in the opinion of the Lessor would tarnish the character, quality or reputation of the Lessor or the Building, or for any fraudulent or immoral practice, or carry out in the Leased Premises any activity that would be dangerous or harmful or would do anything whatsoever that could hinder the peaceable enjoyment of the other tenants or occupants type and location of the Building or make noise contrary to the Lease.
c. Not to display any merchandise or create foul odors that could inconvenience other items outside the Leased remises nor in any way obstruct the sidewalks adjacent thereto.
d. Not to place garbage, rubbish, trash or containers thereof outside the Leased Premises except in such containers, if any, which the Lessee shall have provided for such purpose with the approval of the Lessor.
e. To load and unload all merchandise and other tenants or occupants or neighborsitems and to cause the collection of garbage, or create or tolerate any losses or damagesrubbish and trash through such doors, alteration or deterioration if any, of the Leased Premises as the Lessor shall 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 shall injure or damage the same or the Building or overload which may be or result in a nuisance, annoyance, inconvenience or damage to the floors in such a way as to jeopardize the structure other tenants of the Building. The Lessee.
h. To abide by all reasonable rules and regulations established by Lessor, shall notfrom time to time, in any manner whatsoever, hold the Lessor liable for any damages or inconveniences that the Lessee may suffer due with respect to the fault or actions of any other tenant or occupant of the Building, and provided, however, that no such rules or regulations shall prohibit or unreasonably hinder the Lessee expressly waives all claims and recourses it may or could have in respect use of the Lessor pursuant to Sections 1859 and 1861 of the Civil Code of Québec.
5.1.3 The Lessee acknowledges that the Lessor makes no representations or warranties that the Leased Premises may legally be used for activities carried out by the purpose referred to in this Article not interfere with Lessee, notwithstanding the fact that such use complies with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility 's right to obtain any permits, licenses or authorizations required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding the generality quiet enjoyment of the foregoing, the Lessee is not entitled to invoke inability to obtain any permits, licenses or authorizations as a basis for terminating this Leasepremise.
Appears in 1 contract
Sources: Lease Agreement (Learningstar Inc)
USE OF LEASED PREMISES. 5.1.1 The Lessee Leased Premises shall use be used solely for residential, social, recreational, and educational purposes, and in accordance with the provisions of this Lease. Tenant covenants and agrees that:
(a) Only members of the Fraternity who are students enrolled at ___________________ (the "College"), Chapter house directors, Chapter advisors, and employees or advisors to Tenant or boarders acceptable to Landlord may reside in the House;
(b) Tenant shall cause all occupants of the House to vacate the House during the period from _________________ to ________________ (Winter Break) and _________________ to ____________________ (Spring Break). Rent shall not ▇▇▇▇▇ during such periods, and ▇▇▇▇▇▇ shall remain liable for the performance and observance of all covenants of Tenant hereunder during such periods;
(c) Tenant shall not commit or allow any waste, damage or nuisance to or on the Leased Premises solely and exclusively for scientific research, development activities, laboratory or the Personal Property or use and/or office space in connection thereof including marketing and market development and shall comply with all requirements of all Applicable Laws. The Lessee’s activities in the Leased Premises shall consist of a minimum of 30% research and development activities. The Leased Premises may not be used for any other purposes without the written consent of the Lessor, failing which the Lessor is entitled to automatically terminate the Lease. Exterior storage is not permitted on any grounds of the Building.
5.1.2 Notwithstanding any provision to the contrary, the Lessee shall not run any business or use, allow or tolerate permit the use of the Leased Premises for any unlawful purpose or in a manner constituting a violation of law;
(d) Tenant shall not use or permit the use of alcoholic beverages or any part thereof for any activity that in illegal substance on the opinion Leased Premises;
(e) Tenant shall abide by all policies of The Fraternity Fraternity;
(f) Tenant shall comply with and cause all occupants of the Lessor would tarnish House to comply with the character, quality or reputation rules and regulations of the Lessor or Fraternity attached hereto and made a part hereof as Exhibit B (the Building“House Rules”), or for any fraudulent or immoral practiceas such House Rules may be amended from time-to-time, or carry out in and all rules and regulations of the College applicable to the use and occupancy of the Leased Premises;
(g) Outbuildings (if any) on the Leased Premises are intended for storage only and Tenant shall not permit them to be used for human habitation;
(h) The fire exits are for emergency use only. Tenant shall not use or permit the fire exits to be used for any activity that would be dangerous other purpose;
(i) Tenant shall comply with all laws, ordinances, rules, regulations, orders and decrees of any governmental authority now or harmful hereafter affecting or would do anything whatsoever that could hinder the peaceable enjoyment of the other tenants or occupants of the Building or make noise or create foul odors that could inconvenience the other tenants or occupants or neighbors, or create or tolerate any losses or damages, alteration or deterioration of relating to the Leased Premises or the Building use thereof;
(j) Tenant shall not dump or otherwise dispose of any hazardous or toxic substances or materials on the Leased Premises and shall keep or cause to be kept any garbage, trash or other refuse in proper, leakproof, rodentproof and fireproof containers;
(k) Tenant shall not overload the floors in such a way as to jeopardize the structure of the Building. The LesseeHouse beyond their designed weight-bearing capacity;
(l) Tenant shall not overload the electrical wiring serving the Leased Premises;
(m) Tenant shall not do or allow anything in, shall not, in any manner whatsoever, hold the Lessor liable for any damages upon or inconveniences that the Lessee may suffer due to the fault or actions of any other tenant or occupant of the Building, and the Lessee expressly waives all claims and recourses it may or could have in respect of the Lessor pursuant to Sections 1859 and 1861 of the Civil Code of Québec.
5.1.3 The Lessee acknowledges that the Lessor makes no representations or warranties that about the Leased Premises may legally which will violate any policies of fire and extended coverage insurance upon the Leased Premises or Personal Property or which will prevent Landlord from procuring such policies with companies acceptable to Landlord. If anything done or allowed by Tenant in, upon or about the Leased Premises shall cause the rate of fire or other insurance on the Leased Premises to be used increased beyond the minimum rate from time to time applicable to the Leased Premises for activities carried out by the Lesseeuses made thereof, notwithstanding the fact that such use complies with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility Tenant shall pay to obtain any permitsLandlord, licenses or authorizations required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding the generality of the foregoingas additional rent, the Lessee is amount of any such increase upon Landlord's demand;
(n) Tenant shall not entitled permit pets or animals to invoke inability to obtain any permits, licenses or authorizations as a basis for terminating this Leasebe kept on the Leased Premises; and
(o) Tenant shall not permit smoking in the House.
Appears in 1 contract
Sources: House Corporation and Chapter Lease
USE OF LEASED PREMISES. 5.1.1 (a) The Lessee Leased Premises shall be used for [describe permitted use of premises] or as otherwise approved by Landlord in writing and for no other purpose.
(b) Tenant shall not do or permit any act that could:
(i) cause any structural damage to the Project, or
(ii) cause damage to any part of the Building, except to the extent reasonably necessary for the installation of Trade Fixtures, equipment, machinery, or the construction of alterations as permitted under this Lease or as approved in writing in advance by Landlord.
(c) Tenant shall not operate or permit the operation of any equipment or machinery on the Project that could:
(i) materially damage the Project,
(ii) impair the efficient operation of the Building’s heating, ventilation, or air conditioning system,
(iii) block or otherwise impede the operation of the Building’s sprinkler system,
(iv) overload or otherwise place an undue strain on the Building’s electrical and mechanical systems, or
(v) damage, overload, or corrode the Building’s sanitary sewer system.
(d) Tenant shall not install or attach anything in the Building in excess of the load limits established for the Building. Tenant shall contain and dispose of all dust, fumes, or waste products generated by Tenant’s use of the Leased Premises so as to avoid:
(i) unreasonable fire or Health hazards,
(ii) damage to the Project, or
(iii) any violation of any Law.
(e) Except as may be approved by Landlord in advance and in writing, Tenant shall not change the exterior of the Building or install any equipment, machinery, or antennas on or make any penetrations of the exterior or roof of the Building. Tenant shall not commit any waste in or around the Project and shall keep the Leased Premises in a neat, clean, attractive and orderly condition, free of any nuisances. Tenant shall use and maintain Landlord’s standard window covering to cover all windows in the Leased Premises. Tenant shall not conduct on any portion of the Leased Premises, the Building, or the Project, any sale of any kind, including but not limited to any public or private auction, going out-of-business sale, distress sale, or other liquidation sale.
(f) Landlord represents and warrants that as of the Commencement Date, the Leased Premises do not violate any recorded covenants or restrictions, or any applicable building code, regulation, or ordinance in effect on that date. If this warranty is untrue as of the Commencement Date, Landlord shall promptly, upon receipt of written notice from Tenant, cure the violation at Landlord’s sole expense.
(g) Tenant shall use the Leased Premises solely and exclusively for scientific research, development activities, laboratory use and/or office space in connection thereof including marketing and market development and shall comply compliance with all applicable laws, statutes, ordinances, rules, regulations, orders, recorded covenants and restrictions, and requirements of all Applicable Laws. The Lessee’s activities any fire insurance underwriters or rating bureaus, now or later in the Leased Premises shall consist of a minimum of 30% research and development activities. The Leased Premises may not be used for any other purposes without the written consent of the Lessor, failing which the Lessor is entitled to automatically terminate the Lease. Exterior storage is not permitted on any grounds of the Buildingeffect.
5.1.2 Notwithstanding any provision to the contrary, the Lessee shall not run any business or use, allow or tolerate the use of the Leased Premises or any part thereof for any activity that in the opinion of the Lessor would tarnish the character, quality or reputation of the Lessor or the Building, or for any fraudulent or immoral practice, or carry out in the Leased Premises any activity that would be dangerous or harmful or would do anything whatsoever that could hinder the peaceable enjoyment of the other tenants or occupants of the Building or make noise or create foul odors that could inconvenience the other tenants or occupants or neighbors, or create or tolerate any losses or damages, alteration or deterioration of the Leased Premises or the Building or overload the floors in such a way as to jeopardize the structure of the Building. The Lessee, shall not, in any manner whatsoever, hold the Lessor liable for any damages or inconveniences that the Lessee may suffer due to the fault or actions of any other tenant or occupant of the Building, and the Lessee expressly waives all claims and recourses it may or could have in respect of the Lessor pursuant to Sections 1859 and 1861 of the Civil Code of Québec.
5.1.3 The Lessee acknowledges that the Lessor makes no representations or warranties that the Leased Premises may legally be used for activities carried out by the Lessee, notwithstanding the fact that such use complies with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility to obtain any permits, licenses or authorizations required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding the generality of the foregoing, the Lessee is not entitled to invoke inability to obtain any permits, licenses or authorizations as a basis for terminating this Lease.
Appears in 1 contract
Sources: Industrial Lease
USE OF LEASED PREMISES. 5.1.1 (a) The Lessee Leased Premises shall be used for warehouse, specifically, for storage of pallets of coconut fiber blocks and containers of liquid bonemeal, or as otherwise approved by Landlord in writing and for no other purpose.
(b) Tenant shall not do or permit any act that could:
(i) cause any structural damage to the Project, or
(ii) cause damage to any part of the Building, except to the extent reasonably necessary for the installation of Trade Fixtures, equipment, machinery, or the construction of alterations as permitted under this Lease or as approved in writing in advance by Landlord.
(c) Tenant shall not operate or permit the operation of any equipment or machinery on the Project that could:
(i) materially damage the Project,
(ii) impair the efficient operation of the Building’s heating, ventilation, or air conditioning system,
(iii) block or otherwise impede the operation of the Building’s sprinkler system,
(iv) overload or otherwise place an undue strain on the Building’s electrical and mechanical systems, or
(v) damage, overload, or corrode the Building’s sanitary sewer system.
(d) Tenant shall not install or attach anything in the Building in excess of the load limits established for the Building. Tenant shall contain and dispose of all dust, fumes, or waste products generated by Tenant’s use of the Leased Premises so as to avoid:
(i) unreasonable fire or Health hazards,
(ii) damage to the Project, or
(iii) any violation of any Law.
(e) Except as may be approved by Landlord in advance and in writing, Tenant shall not change the exterior of the Building or install any equipment, machinery, or antennas on or make any penetrations of the exterior or roof of the Building. Tenant shall not commit any waste in or around the Project and shall keep the Leased Premises in a neat, clean, attractive and orderly condition, free of any nuisances.. Tenant shall not conduct on any portion of the Leased Premises, the Building, or the Project, any sale of any kind, including but not limited to any public or private auction, going out-of-business sale, distress sale, or other liquidation sale, without the written consent of Landlord.
(f) Landlord represents and warrants that as of the Commencement Date it is not known to the Landlord that the Leased Premises violate any recorded covenants or restrictions, or any applicable building code, regulation, or ordinance in effect on that date. If this warranty is untrue as of the Commencement Date, Landlord shall promptly, upon receipt of written notice from Tenant, cure the violation at Landlord’s sole expense.
(g) Tenant shall use the Leased Premises solely and exclusively for scientific research, development activities, laboratory use and/or office space in connection thereof including marketing and market development and shall comply compliance with all applicable laws, statutes, ordinances, rules, regulations, orders, recorded covenants and restrictions, and requirements of all Applicable Laws. The Lessee’s activities any fire insurance underwriters or rating bureaus, now or later in the Leased Premises shall consist of a minimum of 30% research and development activities. The Leased Premises may not be used for any other purposes without the written consent of the Lessor, failing which the Lessor is entitled to automatically terminate the Lease. Exterior storage is not permitted on any grounds of the Buildingeffect.
5.1.2 Notwithstanding any provision to the contrary, the Lessee shall not run any business or use, allow or tolerate the use of the Leased Premises or any part thereof for any activity that in the opinion of the Lessor would tarnish the character, quality or reputation of the Lessor or the Building, or for any fraudulent or immoral practice, or carry out in the Leased Premises any activity that would be dangerous or harmful or would do anything whatsoever that could hinder the peaceable enjoyment of the other tenants or occupants of the Building or make noise or create foul odors that could inconvenience the other tenants or occupants or neighbors, or create or tolerate any losses or damages, alteration or deterioration of the Leased Premises or the Building or overload the floors in such a way as to jeopardize the structure of the Building. The Lessee, shall not, in any manner whatsoever, hold the Lessor liable for any damages or inconveniences that the Lessee may suffer due to the fault or actions of any other tenant or occupant of the Building, and the Lessee expressly waives all claims and recourses it may or could have in respect of the Lessor pursuant to Sections 1859 and 1861 of the Civil Code of Québec.
5.1.3 The Lessee acknowledges that the Lessor makes no representations or warranties that the Leased Premises may legally be used for activities carried out by the Lessee, notwithstanding the fact that such use complies with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility to obtain any permits, licenses or authorizations required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding the generality of the foregoing, the Lessee is not entitled to invoke inability to obtain any permits, licenses or authorizations as a basis for terminating this Lease.
Appears in 1 contract
Sources: Industrial Lease
USE OF LEASED PREMISES. 5.1.1 (a) The Lessee Tenant shall use not mark, drive nails, screw nor drill into walls, nor in any way deface the Leased Premises solely and exclusively for scientific researchglass, development activitiesceilings, laboratory use and/or office space in connection thereof including marketing and market development and shall comply with all requirements of all Applicable Lawspartitions, floors, wood, stone or iron work. The Lessee’s activities in Tenant shall bear the Leased Premises shall consist expense of a minimum of 30% research any breakage, stoppage or damage caused by the Tenant or his servants, agents or employees.
(b) The doors, sashes, windows, glass doors, lights and development activities. The Leased Premises may not be used for any skylights that reflect or admit light into the halls or other purposes without the written consent of the Lessor, failing which the Lessor is entitled to automatically terminate the Lease. Exterior storage is not permitted on any grounds places of the Building, shall not be covered or obstructed.
5.1.2 Notwithstanding any provision to the contrary, the Lessee (c) The Tenant shall not run hang or suspend from any business wall or useceiling or roof, allow or tolerate the use of the Leased Premises or any other part thereof for any activity that in the opinion of the Lessor would tarnish the character, quality or reputation of the Lessor or the Building, or for any fraudulent or immoral practice, or carry out in the Leased Premises any activity that would be dangerous or harmful or would do anything whatsoever that could hinder the peaceable enjoyment of the other tenants or occupants of the Building or make noise or create foul odors that could inconvenience the other tenants or occupants or neighbors, or create or tolerate any losses or damages, alteration or deterioration of the Leased Premises or the Building, any equipment, fixtures, signs or displays which are not first authorized by the Landlord.
(d) The Tenant will use only the Building standard window blinds as determined by the Landlord and will not install or overload the floors in such a way as permit to jeopardize the structure of the Building. The Lessee, shall not, in any manner whatsoever, hold the Lessor liable for any damages be installed on or inconveniences that the Lessee may suffer due adjacent to the fault windows in the leased Premises any other window covering or actions shades of any other tenant type whatsoever whether or occupant not visible from the outside of the Building, and the Lessee expressly waives all claims and recourses it may including, without limitation, drapes, curtains, blinds or could have in respect of the Lessor pursuant to Sections 1859 and 1861 of the Civil Code of Québecshades.
5.1.3 (e) The Lessee acknowledges that the Lessor makes no representations or warranties that Tenant shall not use in the Leased Premises any machinery which may legally cause any noise or jar or tremor to the floors or walls, or which by its weight might injure the floors or 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 used repaired at the expense of the Tenant.
(g) The Tenant shall not move any furniture, equipment or fixtures to or from their premises - if such premises are designated for activities carried office or retail use - 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. The Tenant must request permission to move furniture, equipment or fixture in or out of the Leased Premises two business days prior to the move and the Landlord will, at the Tenant's cost, install elevator protections, make the necessary arrangements with the electronic security monitoring station and retain a security guard.
(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 Lessee, notwithstanding the fact that such use complies with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility to obtain any permits, licenses or authorizations required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding the generality Tenant of the foregoing, estimated amount of the Lessee is not entitled to invoke inability to obtain any permits, licenses or authorizations as a basis for terminating this Leaseabove described costs.
Appears in 1 contract
USE OF LEASED PREMISES. 5.1.1 1. The Leased Premises 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 current production and/or warehousing facilities located at ▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, or any other legal use so long as all products stored conform to all state and federal regulation pertaining to the 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 manner prescribed by applicable regulations.
2. The Lessee shall covenants and warrants to the Lessor:
a. Not to use the Leased Premises solely and exclusively for scientific research, development activities, laboratory use and/or office space in connection thereof including marketing and market development and shall comply with all requirements of all Applicable Laws. The Lessee’s activities in or permit the Leased Premises shall consist of a minimum of 30% research and development activities. The Leased Premises may not to be used for any other purposes without the written consent of the Lessor, failing which the Lessor is entitled to automatically terminate the unlawful purpose or any purpose not specifically permitted by this Lease. Exterior storage is not permitted on any grounds of the Building.
5.1.2 Notwithstanding any provision b. Not to the contrary, the Lessee shall not run any business use or use, allow occupy or tolerate the use of suffer or permit the Leased Premises or any part thereof to be used or occupied in any manner so as to increase the cost of fire or other casualty insurance over and above the normal cost of such insurance for any activity that in the opinion of the Lessor would tarnish the character, quality or reputation of the Lessor or the Building, or for any fraudulent or immoral practice, or carry out in the Leased Premises any activity that would be dangerous or harmful or would do anything whatsoever that could hinder the peaceable enjoyment of the other tenants or occupants type and location of the Building or make noise contrary to the Lease.
c. Not to display any merchandise or create foul odors that could inconvenience other items outside the Leased Premises nor in any way obstruct the sidewalks adjacent thereto.
d. Not to place garbage, rubbish, trash or containers thereof outside the Leased Premises except in such containers, if any, which the Lessee shall have provided for such purpose with the approval of the Lessor.
e. To load and unload all merchandise and other tenants or occupants or neighborsitems and to cause the collection of garbage, or create or tolerate any losses or damagesrubbish and trash through such doors, alteration or deterioration if any, of the Leased Premises as the Lessor shall 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 shall injure or damage the same or the Building or overload which may be or result in a nuisance, annoyance, inconvenience or damage to the floors in such a way as to jeopardize the structure other tenants of the Building. The Lessee.
h. To abide by all reasonable rules and regulations established by Lessor, shall notfrom time to time, in any manner whatsoever, hold the Lessor liable for any damages or inconveniences that the Lessee may suffer due with respect to the fault or actions of any other tenant or occupant of the Building, and provided, however, that no such rules or regulations shall prohibit or unreasonably hinder the Lessee expressly waives all claims and recourses it may or could have in respect use of the Lessor pursuant to Sections 1859 and 1861 of the Civil Code of Québec.
5.1.3 The Lessee acknowledges that the Lessor makes no representations or warranties that the Leased Premises may legally be used for activities carried out by the purpose referred to in this Article not interfere with Lessee, notwithstanding the fact that such use complies with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility 's right to obtain any permits, licenses or authorizations required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding the generality quiet enjoyment of the foregoing, the Lessee is not entitled to invoke inability to obtain any permits, licenses or authorizations as a basis for terminating this Leasepremise.
Appears in 1 contract
Sources: Lease Agreement (Learningstar Inc)
USE OF LEASED PREMISES. 5.1.1 3.1 The Lessee Leased Premises shall be used for all purposes previously utilized by Tenant as the prior owner including a research campus and manufacturing facility for semiconductor products including office use, storage, warehouse and distribution and other legal uses related thereto. Tenant may not use the Leased Premises for other purposes without the prior written approval of Landlord which shall not be unreasonably withheld.
3.2 Tenant shall not do or permit any act that (i) causes any structural damage to the Leased Premises, or (ii) causes damage to any part of the Leased Premises, except for ordinary wear and tear and to the extent reasonably necessary for the installation of Trade Fixtures, equipment, machinery, or the construction of alterations as permitted under this Lease or as approved in writing in advance by Landlord, such approval not to be unreasonably withheld or delayed.
3.3 Tenant shall not operate or permit the operation of any equipment or machinery on the Leased Premises that could (i) materially damage the Leased Premises, (ii) impair the efficient operation of the Leased Premises’ heating, ventilation, or air conditioning system, (iii) block or otherwise impede the operation of the Leased Premises’ sprinkler system, (iv) overload or otherwise place an undue strain on the Leased Premises’ electrical and mechanical systems, or (v) damage, overload, or corrode the Leased Premises’ sanitary sewer system.
3.4 Tenant shall not install or attach anything in the Leased Premises in excess of the load limits established for the Leased Premises. Tenant shall contain and dispose of all dust, fumes, or waste products generated by Tenant’s use of the Leased Premises so as to avoid (i) unreasonable fire or health hazards, (ii) damage to the Leased Premises, or (iii) any violation of any Law.
3.5 Tenant shall not commit any waste in or around the Leased Premises and shall keep the Leased Premises in as neat, clean, attractive and orderly a condition as on the Commencement Date, reasonable wear and tear excepted.
3.6 Tenant shall use the Leased Premises solely in compliance with all-applicable Laws, recorded covenants and exclusively for scientific researchrestrictions, development activities, laboratory use and/or office space in connection thereof including marketing and market development and shall comply with all requirements of all Applicable Laws. The Lessee’s activities any fire insurance underwriters or rating bureaus, now or later in the Leased Premises shall consist of a minimum of 30% research and development activities. The Leased Premises may not be used for any other purposes without the written consent of the Lessor, failing which the Lessor is entitled to automatically terminate the Lease. Exterior storage is not permitted on any grounds of the Buildingeffect.
5.1.2 Notwithstanding any provision to the contrary, the Lessee shall not run any business or use, allow or tolerate the use of the Leased Premises or any part thereof for any activity that in the opinion of the Lessor would tarnish the character, quality or reputation of the Lessor or the Building, or for any fraudulent or immoral practice, or carry out in the Leased Premises any activity that would be dangerous or harmful or would do anything whatsoever that could hinder the peaceable enjoyment of the other tenants or occupants of the Building or make noise or create foul odors that could inconvenience the other tenants or occupants or neighbors, or create or tolerate any losses or damages, alteration or deterioration of the Leased Premises or the Building or overload the floors in such a way as to jeopardize the structure of the Building. The Lessee, shall not, in any manner whatsoever, hold the Lessor liable for any damages or inconveniences that the Lessee may suffer due to the fault or actions of any other tenant or occupant of the Building, and the Lessee expressly waives all claims and recourses it may or could have in respect of the Lessor pursuant to Sections 1859 and 1861 of the Civil Code of Québec.
5.1.3 The Lessee acknowledges that the Lessor makes no representations or warranties that the Leased Premises may legally be used for activities carried out by the Lessee, notwithstanding the fact that such use complies with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility to obtain any permits, licenses or authorizations required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding the generality of the foregoing, the Lessee is not entitled to invoke inability to obtain any permits, licenses or authorizations as a basis for terminating this Lease.
Appears in 1 contract
USE OF LEASED PREMISES. 5.1.1 (a) The Lessee Tenant shall use not ▇▇▇▇, drive nails, screw or drill into walls, nor in any way deface the Leased Premises solely and exclusively for scientific researchglass, development activitiesceilings, laboratory use and/or office space in connection thereof including marketing and market development and shall comply with all requirements of all Applicable Lawspartitions, floors, wood, stone or iron work. The Lessee’s activities in Tenant shall bear the Leased Premises shall consist expense of a minimum of 30% research any breakage, stoppage or damage caused by the Tenant or his servants, agents or employees.
(b) The doors, sashes, windows, glass doors, lights and development activities. The Leased Premises may not be used for any skylights that reflect or admit light into the halls or other purposes without the written consent of the Lessor, failing which the Lessor is entitled to automatically terminate the Lease. Exterior storage is not permitted on any grounds places of the Building, shall not be covered or obstructed.
5.1.2 Notwithstanding any provision to the contrary, the Lessee (c) The Tenant shall not run hang or suspend from any business wall or useceiling or roof, allow or tolerate the use of the Leased Premises or any other part thereof for any activity that in the opinion of the Lessor would tarnish the character, quality or reputation of the Lessor or the Building, or for any fraudulent or immoral practice, or carry out in the Leased Premises any activity that would be dangerous or harmful or would do anything whatsoever that could hinder the peaceable enjoyment of the other tenants or occupants of the Building or make noise or create foul odors that could inconvenience the other tenants or occupants or neighbors, or create or tolerate any losses or damages, alteration or deterioration of the Leased Premises or the Building Building, any equipment, fixtures, signs or overload displays which are not first authorized by the Landlord.
(d) The Landlord retains the right to prescribe the materials and colour to be 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 may cause any noise or jar or tremor to the floors in such a way as to jeopardize or walls, or which by its weight might injure the structure floors or 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 LesseeLandlord 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 notgive the Landlord two days notice, in any manner whatsoeverspecifying the desired delivery or pickup time and the quantity of items to be moved. The Landlord will arrange for elevator pads, hold electronic security bypass and a security guard to attend the Lessor liable for any damages or inconveniences that move, all at the Lessee may suffer due to Tenant's cost. If the fault or actions of any other tenant or occupant move is at the end of the Buildingterm or if the Tenant is in arrears of rent, and the Lessee expressly waives all claims and recourses it Landlord may or could have in respect require the prepayment by the Tenant of the Lessor pursuant to Sections 1859 and 1861 estimated amount of the Civil Code of Québecabove described costs.
5.1.3 The Lessee acknowledges that the Lessor makes no representations or warranties that the Leased Premises may legally be used for activities carried out by the Lessee, notwithstanding the fact that such use complies with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility to obtain any permits, licenses or authorizations required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding the generality of the foregoing, the Lessee is not entitled to invoke inability to obtain any permits, licenses or authorizations as a basis for terminating this Lease.
Appears in 1 contract
USE OF LEASED PREMISES. 5.1.1 The Lessee LESSEE shall use the Leased Premises solely for the following purposes: research and exclusively for scientific research, development activities, laboratory use and/or office space in connection thereof including marketing and market development and related office and administrative functions. LESSEE shall comply be entitled to use only 10.30% of the parking spaces, on an unreserved basis, existing as of the date hereof. LESSEE may install an alarm system at its own cost and expense with a duly qualified alarm company provided same docs not interfere with the electrical and lighting systems of the Premises and ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ and provided that LESSOR is given an alarm code to obtain access to the Premises, whenever applicable. LESSEE shall conform to all requirements reasonable rules and regulations now or hereafter promulgated, if any, by LESSOR for the care and use of all Applicable Laws. The Lessee’s activities in the Leased Premises and for ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ as uniformly enforced against all tenants or occupants of said Park. LESSEE shall consist of a minimum of 30% research and development activities. The keep the Leased Premises may not be used for any other purposes without the written consent of the Lessorequipped with all safety appliances and permits, failing which the Lessor is entitled relate to automatically terminate the Lease. Exterior storage is not permitted on any grounds of the Building.
5.1.2 Notwithstanding any provision to the contrary, the Lessee shall not run any business or use, allow or tolerate the LESSEE’S particular use of the Leased Premises or as required by law, ordinance, order or regulation of any part thereof for any activity that in public authority. LESSEE shall keep the opinion of the Lessor would tarnish the characterLeased Premises equipped at all times with adequate fire extinguishers and other such equipment reasonably required by LESSOR and, quality or reputation of the Lessor or the Buildingupon notice by LESSOR, shall make all repairs, alterations, replacements, or for any fraudulent additions so required. LESSEE will not bring into or immoral practice, or carry out install in the Leased Premises any activity heavy equipment or machines without the prior approval of LESSOR as to methods of transportation and installation (LESSOR may prohibit installation if the weight of any such item will exceed weight limits which the floors were designed to carry or bear, or if LESSOR decides that would the same will cause vibration or noise to be dangerous transmitted to the building structure or harmful to areas outside the Leased Premises), nor shall Tenant move any substantial portion of any equipment, machines or would do anything whatsoever that could hinder the peaceable enjoyment of the other tenants trade fixture into or occupants out of the Building or make noise or create foul odors that could inconvenience the other tenants or occupants or neighborsexcept by prior arrangement with and approval of LESSOR, or create or tolerate any losses or damagessaid approval not to be unreasonably withheld, alteration or deterioration of the Leased Premises or the Building or overload the floors in such a way as to jeopardize the structure of the Building. The Lessee, shall not, in any manner whatsoever, hold the Lessor liable and by reimbursing LESSOR for any damages expenses and cost incurred in connection therewith. LESSOR agrees that LESSEE shall have the right to install and/or replace, at its sole cost and expense, and with advanced written consent by LESSOR, and only after obtaining all state and municipal licenses, approvals, and permits, two existing six (6) foot fume hoods, two or inconveniences that three additional fume hoods and may upgrade the Lessee may suffer due plumbing required for the fume hoods, and additional benches. Prior to LESSOR’s consent, which consent maybe withheld or delayed until LESSOR is satisfied, LESSEE shall submit to the fault or actions Town of any other tenant or occupant of the BuildingMilford and to LESSOR all plans, drawings, and schematics to show the Lessee expressly waives all claims location of each installations and recourses it improvement and shall highlight for LESSOR any impact that any improvements or installations may or could have in respect of on the Lessor pursuant to Sections 1859 and 1861 of the Civil Code of Québec.
5.1.3 The Lessee acknowledges that the Lessor makes no representations or warranties that the Leased Premises may legally be used for activities carried out by the Lessee, notwithstanding the fact that such use complies with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility to obtain any permits, licenses or authorizations required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding the generality of the foregoingland, the Lessee is not entitled to invoke inability to obtain any permitsBuildings, licenses or authorizations as a basis for terminating this Lease495 Commerce Park, and all guests, invitees, tenants, and occupants.
Appears in 1 contract
USE OF LEASED PREMISES. 5.1.1 A. The Leased Premises shall be used and occupied by Lessee as a full service fixed base operator and facility for the sale of aviation fuel and other related aeronautical services and products. The office areas shall be used for Lessee’s business, flight preparation, and other incidental office work. The Leased Premises shall not be used for the storage of non-aeronautical personal property, living accommodations, or in any other way inconsistent with this Lease. Failure to abide by this provision shall constitute a material breach of this Lease.
B. All aircraft stored on the Leased Premises for more than seven (7) days must be reported to Airport administration. Lessee may perform maintenance and repairs to aircraft in accordance with the Airport’s minimum standards, including routine maintenance, preventative maintenance, and regular maintenance required prior to flight. Lessee may wash aircraft within the Leased Premises but shall at all times protect the Lessor’s stormwater system and abide by any requirements Lessor places on Lessee with regards to the cleaning of aircraft, including for the disposal of used water and other products.
▇. ▇▇▇▇▇▇ retains and Lessee grants to the Lessor the right to enter the Leased Premises to do what is necessary for the purposes of repairing, replacing, and/or maintaining any and all utility lines under the Leased Premises which serve other uses at the Pueblo Memorial Airport, it being understood that the Lessor will repair, in a good and workmanlike fashion, any and all damage done to the Leased Premises as the result of work done hereunder.
D. Lessee shall maintain the Leased Premises, Ramp, and Fuel Tanks in accordance with the requirements and regulations of the Lessor and Lessor’s fire code. The Lessee shall use be responsible for all costs, fees, charges, and penalties associated with the discharge or release of any hazardous material (including petroleum products) or mitigating the containment or removal of any contamination or hazardous material (including petroleum products) on, over, or under the Leased Premises, Ramp, and Fuel Tanks which is caused by the Lessee, its officers, agents, or employees. The storage and accumulation of aviation fuel, flammables, explosive liquids, or solids, waste, debris, or other hazardous materials within or on the Leased Premises, Ramp, and Fuel Tanks shall be in an environmentally sound manner and comply with all federal, state, and local laws and regulations. ▇▇▇▇▇▇ agrees that no flammable liquids or hazardous materials shall be used or stored on the Leased Premises solely and exclusively for scientific researchor Ramp, development activities, laboratory use and/or office space excepting those used in connection thereof including marketing and market development and shall comply accordance with all requirements laws and regulations and in the furtherance of all Applicable Laws▇▇▇▇▇▇’s authorized use of the leased premises, to include, but not limited to, the fuel in the Fuel Tanks, the aircraft fuel tanks, or in the tank of a stored automobile, properly parked. ▇▇▇▇▇▇ agrees to provide drip pans of a non-flammable material under aircraft to prevent damage to the floor, should any aircraft leak any fluids.
E. Lessee, at its sole cost and expense, may cause to be constructed and installed upon the Leased Premises and Fuel Tanks additional improvements in accordance with plans and specification approved by Lessor, including architectural approval, which consent will not be unreasonably withheld or arbitrarily denied. The improvements shall be constructed in a good and workmanlike manner in accordance with the applicable laws, ordinances, and building codes and pursuant to a building permit issued by the Regional Building Department. Lessee will not modify, alter, or improve any structure or improvements upon the Leased Premises whether now existing or hereafter constructed without the prior written approval of Lessor, which approval shall not be unreasonably or arbitrarily denied. Lessee may paint any improvements upon the Leased Premises and the Fuels Tanks with the approval of Lessor.
F. Lessee shall not park or leave, or allow to be parked or left, aircraft on the taxiways or on pavement adjacent to the Leased Premises, Ramp, or Fuel Tanks in a manner which interferes with or obstructs access to adjacent hangars or public areas. Parking of automobiles will be permitted only in designated spaces outside of the airport fence. No person or public roadway going automobile shall go beyond the immediate vicinity of the Leased Premises without the express written consent of the Director of Aviation. Automobiles must be parked in designated parking spaces or within the Hangar, except that the Hangar cannot be used solely for storage of automobiles. Nothing in this agreement provides exclusive access to the entrance and exit gates into and out of the Airport to Lessee’s activities in .
G. Lessee, its employees, and invitees shall have the right of ingress and egress between designated Airport access points and the Leased Premises over, upon, and through such streets and not others as from time to time shall be designated by the Director of Aviation. Driveways from existing streets into the Leased Premises shall consist be located as designated by the Lessor through the Director of Aviation.
H. Hangar doors shall remain closed and locked except during periods when the Hangar is attended by ▇▇▇▇▇▇. This is to prevent damage from sudden storms and the creation of foreign object debris.
I. On the Effective Date and annually thereafter, Lessee shall provide Lessor with a minimum of 30% research and development activities. The Leased Premises may not be used for any other purposes without the written consent list of the Lessor, failing which Airport areas and any Airport tenants it intends to access when providing services. Lessee shall keep this list current and report any changes to the Lessor is entitled to automatically terminate the Lease. Exterior storage is not permitted on any grounds of the Buildingupon such change being made.
5.1.2 Notwithstanding any provision to the contrary, the J. Lessee shall not run have exclusive use of any business area of the Airport or of any Lessor equipment, unless Lessee contracts with Lessor for such use, allow and all such uses shall be as determined by the Director of Aviation in his or tolerate her sole discretion. All areas of the Airport and all Airport equipment will be inspected by Airport staff prior to use by ▇▇▇▇▇▇, and Lessee shall be required to sign-off on Airport staff’s inspection prior to said use.
▇. ▇▇▇▇▇▇ acknowledges and agrees that ▇▇▇▇▇▇’s primary obligation is to operate the Airport for the use and benefit of the public and that the leased premises and ramp are prime locations for full service fixed-based operations at the Airport. Therefore, in view of the foregoing and long-term nature of this Lease, Lessee and Lessor shall meet at least annually to discuss ▇▇▇▇▇▇’s plans for the development and use of the Leased Premises or any part thereof for any activity that Premises, Ramp, and Fuel Tanks and the types, kinds, and classes of aeronautical activities then reasonably anticipated to be provided in the opinion of the Lessor would tarnish the characterfuture, quality or reputation of the Lessor or the Building, or for any fraudulent or immoral practice, or carry out in the Leased Premises any activity that would be dangerous or harmful or would do anything whatsoever that could hinder the peaceable enjoyment of the other tenants or occupants of the Building or make noise or create foul odors that could inconvenience the other tenants or occupants or neighbors, or create or tolerate any losses or damages, alteration or deterioration and ▇▇▇▇▇▇’s planned additions to and/or modifications of the Leased Premises or the Building or overload the floors in such a way as to jeopardize the structure of the Building. The Lessee, shall not, in any manner whatsoever, hold the Lessor liable for any damages or inconveniences that the Lessee may suffer due to the fault or actions of any other tenant or occupant of the Building, and the Lessee expressly waives all claims and recourses it may or could have in respect of the Lessor pursuant to Sections 1859 and 1861 of the Civil Code of QuébecFuel Tanks.
5.1.3 The Lessee acknowledges that the Lessor makes no representations or warranties that the Leased Premises may legally be used for activities carried out by the Lessee, notwithstanding the fact that such use complies with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility to obtain any permits, licenses or authorizations required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding the generality of the foregoing, the Lessee is not entitled to invoke inability to obtain any permits, licenses or authorizations as a basis for terminating this Lease.
Appears in 1 contract
Sources: Ground Lease and Operating Agreement
USE OF LEASED PREMISES. 5.1.1 The Lessee shall use the Leased Premises shall be occupied and used solely for office, distribution, warehousing and exclusively for scientific research, development activities, laboratory use and/or office space in connection thereof including marketing ancillary uses related thereto to the extent permitted by applicable law. Tenant covenants and market development and shall comply with all requirements of all Applicable Laws. The Lessee’s activities in agrees that the Leased Premises shall consist of a minimum of 30% research and development activities. The Leased Premises may not be used for any other purposes without the written consent of the Lessortreatment, failing which the Lessor is storage or disposal of, or otherwise contaminated by, any Hazardous Substances (as hereinafter defined); provided, however, that Tenant shall be entitled to automatically terminate store and use such Hazardous Substances on the Lease. Exterior Leased Premises which are incidental to and necessary for the operation of Tenant’s business so long as Tenant complies with all local, state and federal laws, statutes, ordinances, rules, and regulations applicable to such storage is not permitted on any grounds of the Building.
5.1.2 Notwithstanding any provision to the contrary, the Lessee shall not run any business or use, allow and Tenant further covenants and agrees that:
(a) Tenant shall not permit any waste, damage or tolerate nuisance in, on or about the Leased Premises, or use or permit the use of the Leased Premises or any part thereof for any activity that in the opinion of the Lessor would tarnish the character, quality or reputation of the Lessor or the Building, or for any fraudulent or immoral practice, or carry out in unlawful purpose;
(b) Tenant shall conduct its business and keep the Leased Premises any activity that would be dangerous or harmful or would do anything whatsoever that could hinder the peaceable enjoyment safe, clean and in compliance with all guidelines, rules and regulations of the health, fire, building, environmental and other tenants offices and governmental agencies having jurisdiction over Tenant’s business and/or the Leased Premises, and shall comply with all laws, ordinances, rules, regulations, orders and decrees of any governmental entity or occupants of the Building personnel now or make noise hereafter affecting or create foul odors that could inconvenience the other tenants or occupants or neighbors, or create or tolerate any losses or damages, alteration or deterioration of relating to the Leased Premises or the Building use thereof (including, without limitation, all applicable zoning ordinances);
(c) Tenant shall not dump or overload the floors in such a way as to jeopardize the structure otherwise dispose of the Building. The Lessee, shall not, in any manner whatsoever, hold the Lessor liable for any damages or inconveniences that the Lessee may suffer due to the fault or actions of any other tenant or occupant of the Building, and the Lessee expressly waives all claims and recourses it may or could have in respect of the Lessor pursuant to Sections 1859 and 1861 of the Civil Code of Québec.
5.1.3 The Lessee acknowledges that the Lessor makes no representations or warranties that on the Leased Premises may legally any chemicals, metals, garbage, trash or other industrial by-products and incidentals to Tenant’s business and all waste removal facilities shall use proper, leak-proof and fireproof containers and no foreign substance of any kind shall be used for activities carried out placed on or near the Leased Premises and the expense of any breakage, stoppage, contamination, spillage or damage resulting from a violation of this provision shall be borne by Tenant;
(d) Tenant shall comply with and shall use its best efforts to cause its agents, employees, customers, invitees, licensees and concessionaires to comply with any Declaration, all recorded instruments encumbering the LesseeReal Estate and all reasonable rules and regulations established by Landlord from time to time;
(e) Tenant shall indemnify, notwithstanding defend and hold harmless Landlord, and any party affiliated with Landlord, from and against any and all claims, judgments, liabilities, losses, costs, and expenses arising from, or in connection with: (i) any escape, storage, usage, or spillage of any Hazardous Substances by Tenant (or its employees, agents, contractors, invitees, or licensees) in, on, or about the fact that Leased Premises; or (ii) any transportation of any Hazardous Substances to or from the Leased Premises by Tenant (or its employees, agents, contractors, invitees, or licensees), whether or not such use complies with Sub-Section 5.1.1 storage, usage, or transportation constitutes a failure of Tenant fully to observe or perform its obligations under this Lease. It is The claims, judgments, liabilities, losses, costs, and expenses from and against which ▇▇▇▇▇▇ has agreed to indemnify, defend and hold harmless Landlord, and any party affiliated with Landlord, under this Subsection shall include the Lesseefollowing: (i) any obligation or liability of Tenant or Landlord under any law, ordinance, rule, regulation, order or decree to remove any Hazardous Substance, or contaminated soil or groundwater, from the Leased Premises, “clean up” any contamination of the soil or the groundwater in, on, or under the Leased Premises, or perform any remediation of or for the Leased Premises; (ii) all charges, fines, or penalties imposed by governmental authority or under any law, ordinance, rule, regulation, order or decree governing Hazardous Substances; and (iii) all claims by, and liabilities to, any third party;
(f) Landlord shall indemnify, defend and hold harmless Tenant, and any party affiliated with Tenant, from and against any and all claims, judgments, liabilities, losses, costs, and expense arising from or in connection with (i) any escape, storage, usage, or spillage of any Hazardous Substances by Landlord (or its employees, agents, contractors, invitees, or licensees) in, on, or about the Leased Premises or Real Estate during the Lease Term; or (ii) any recognized environmental conditions existing on the Real Estate prior to the date of this Lease that are disclosed in that certain Phase I Environmental Site Assessment dated November 24, 2020 and prepared by ▇▇▇▇ ▇▇▇▇, Inc.; provided, however, that Landlord shall have no obligation to indemnify, defend and hold Tenant harmless from, and Tenant shall remain liable and responsible for all, any and all claims, judgments, liabilities, losses, costs, and expenses arising from the exacerbation of such recognized environmental conditions by Tenant (or its employees, agents, contractors, invitees, or licensees).
(g) Each party hereto shall give written notice to the other of any violation, claim, judgment, liability, loss, cost or expense that may give rise to either party’s sole responsibility to obtain any permitsindemnity obligations under Section 6(e) or 6(f) above, licenses promptly upon discovery or authorizations required knowledge thereof. The indemnifying party (the “Indemnifying Party”) shall defend the other party (the “Indemnified Party”) with counsel selected by the relevant administrative authoritiesIndemnifying Party that is reasonably acceptable to the Indemnified Party. The Indemnified Party shall have the right to retain its own counsel, civil servantsat its own cost and expense; provided however that, or relevant government officials. Notwithstanding so long as the generality Indemnifying Party diligently discharges its defense obligation, the Indemnifying Party shall at all times have the right to lead and conduct the defense of the foregoingrespective claim or proceeding, but at all times keeping the Lessee is Indemnified Party advised of all relevant facts concerning the defense of such claim or proceeding. The Indemnifying Party shall have the right to settle any claims or proceedings provided that the Indemnified Party gives its prior written consent, which shall not entitled to invoke inability to obtain any permitsunreasonably be withheld, licenses conditioned or authorizations as a basis for terminating this Leasedelayed.
Appears in 1 contract
Sources: Lease (Aqua Power Systems Inc.)
USE OF LEASED PREMISES. 5.1.1 (a) The Lessee TENANT shall use the Leased Premises solely leased premises only for the purpose of Retail Space. TENANT shall be responsible for the provision, maintenance, repair, replacement and exclusively for scientific research, development activities, laboratory use and/or office space in connection thereof including marketing and market development and shall comply with all requirements inspection of all Applicable Laws. The Lessee’s activities in alarm systems and safety equipment (including but not limited to fire extinguishers, and eye wash stations) that are required for TENANT'S use of the Leased Premises shall consist of a minimum of 30% research under applicable law (including but not limited to laws relating to life safety and development activities. The Leased Premises may not be used for any other purposes without the written consent of the Lessor, failing which the Lessor is entitled to automatically terminate the Lease. Exterior storage is not permitted on any grounds of the Buildingworker safety).
5.1.2 Notwithstanding any provision to the contrary, the Lessee (b) TENANT shall not run any business suffer or use, allow or tolerate the use of permit the Leased Premises or any part thereof for to be used in any activity that in the opinion of the Lessor would tarnish the character, quality or reputation of the Lessor or the Buildingmanner, or for any fraudulent or immoral practiceanything to be done therein, or carry out suffer or permit anything to be brought into or kept in the Leased Premises any activity that would be dangerous in any way (i) cause damage to the Leased Premises or harmful any part thereof, (ii) overload or would do anything whatsoever that could hinder exceed the peaceable enjoyment capacity of the heating, air-conditioning, ventilating, structural capability, plumbing (including septic) or other tenants mechanical or occupants electrical systems of the Building or make noise facilities installed therein, (iii) constitute a public or create foul odors that could inconvenience private nuisance, or (iv) alter the appearance of the exterior of the Building or any portion of the interior thereof except as otherwise permitted hereunder, or (v) disrupt the use of adjacent areas of the Building.
(c) TENANT shall use the Leased Premises in a careful and safe manner. TENANT shall keep the Leased Premises in a secure, neat and sanitary condition. TENANT shall dispose of all debris, trash and waste in compliance with all applicable laws and regulations. TENANT shall, at TENANT'S own expense clear snow, ice and debris from its entrance and exit doors, any walkways, the sidewalk in front of the Premises, and from the parking area. TENANT shall coordinate such removal of snow, ice, and debris with any other tenants of the building, and they may come to agreement on sharing costs of same, but the removal described herein shall remain TENANT's responsibility.
(d) TENANT, at TENANT's expense, shall comply with all laws and ordinances, and all rules, orders and regulations of all governmental authorities and of all insurance policies, at any time duly issued or occupants in force, applicable to the Leased Premises or neighbors, any part thereof or create to TENANT's use thereof. TENANT shall be responsible for all occupancy permits and other governmental approvals applicable to its occupancy or tolerate any losses or damages, alteration or deterioration use of the Leased Premises or, to the extent permitted by LANDLORD, the performance of TENANT changes thereto.
(e) TENANT shall observe and comply with all reasonable rules and security regulations now or hereafter made by LANDLORD for the care and use of the Leased Premises, the Building or overload the floors in such a way as to jeopardize the structure and balance of LANDLORD's Property by TENANT and any other tenants of the BuildingLANDLORD's Property. The Lessee, shall not, in any manner whatsoever, hold the Lessor liable for any damages or inconveniences that the Lessee may suffer due to the fault or actions of any other tenant or occupant of the Building, and the Lessee expressly waives all claims and recourses it may or could have in respect of the Lessor pursuant to Sections 1859 and 1861 of the Civil Code of Québec.
5.1.3 The Lessee acknowledges that the Lessor makes no representations or warranties that the Leased Premises may legally be used for activities carried out by the Lessee, notwithstanding the fact that such use complies with Sub-Section 5.1.1 of this Lease. It is the Lessee’s sole responsibility to obtain any permits, licenses or authorizations required by the relevant administrative authorities, civil servants, or relevant government officials. Notwithstanding Without limiting the generality of the foregoingpreceding sentence, LANDLORD shall have the Lessee is not entitled right to invoke inability adopt signage standards applicable to obtain any permitsall exterior portions of the Building and elsewhere in LANDLORD's Property. TENANT shall comply with such policy and effect changes in or replacements to its exterior signage accordingly.
(f) In the event that TENANT fails to comply with this Article 9, licenses or authorizations as a basis for terminating then, without affecting LANDLORD's other remedies under this Lease, LANDLORD and its agents shall have the right, but not the obligation, to enter the Leased Premises to effect a cure of such non-compliance. Any violation of this Article 9 may be restrained by injunction, and TENANT shall be liable for all damages resulting from any violation of any of the provisions of Article 8.
Appears in 1 contract
Sources: Commercial Lease (Growlife, Inc.)