Use of Premises. Tenant shall use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.
Appears in 3 contracts
Sources: Sublease Agreement (Juno Therapeutics, Inc.), Sublease Agreement (Juno Therapeutics, Inc.), Sublease Agreement (Juno Therapeutics, Inc.)
Use of Premises. Tenant TENANT shall use maintain the premises in a clean and sanitary condition and not disturb surrounding residents or the peaceful and quiet enjoyment of the premises or surrounding premises. TENANT shall install window shades or draperies (no foil, sheets, paper etc. allowed) within 15 days of taking occupancy if not already provided. Premises are to be used and occupied by the TENANT for only residential, non-business, private housing purposes only. TENANT shall not operate any type of day care or child sitting service on the premises. TENANT shall secure insurance immediately for biomedical laboratory researchany water filled devices with a loss payable clause to LANDLORD. No trampolines, athletic equipment, recreational equipment, or any items or activities which can cause interference with the insurance coverage on the premises will be permitted. No portable or inflatable pools shall be permitted without the express written permission of the LANDLORD and general office verification that no damage will occur to the lawn/ground/premises and administrative services there shall be no effect on insurance coverage of the premises. No nails, screws or adhesive hangers except standard picture hooks, shade brackets and for no other purposecurtain rod brackets may be placed in wall, woodwork or any part of premises. Except as specifically provided for in this Section 6TENANT shall not keep or store any goods or materials of any kind that are combustible or could increase fire risk on the premises. After the first 30 days of the TENANT taking occupancy, the Premises TENANT shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for paying for all costs of extermination of pests and insects except for termites. TENANT agrees to keep driveways and walking areas clean so as to prevent any alterations, structural buildup of mold or otherwise, required allow the surfaces to be made become slippery. TENANT shall keep all gutters free of debris and leaves. TENANT agrees to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, replace air conditioner filters every 60 days at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADATENANT'S expense.
Appears in 3 contracts
Sources: Residential Lease, Residential Lease, Residential Lease
Use of Premises. Tenant SECTION 1. The Lessee shall have the right to use the Demised Premises only for biomedical laboratory researchwarehouse, storage, data center, research and general development, systems integration, office uses and administrative services for any uses ancillary or incident to such foregoing uses and for no other purposepurpose or purposes whatsoever. Except as specifically provided for in this Section 6, the The Demised Premises shall not be used only in compliance with applicable laws and only if and to the extent the Lessee has obtained and maintained all licenses and permits which may be necessary for any other purpose without Landlord’s prior written consent which consent may its use.
SECTION 2. The Lessee shall not be unreasonably withheld, conditioned use or delayed by Landlord; provided, however, that in no event shall any portion of occupy or permit the Demised Premises to be used for or occupied, nor do or permit anything to be done in or on the Demised Premises or any part thereof, in a vivarium for animals larger manner that would in any way violate any certificate of occupancy affecting the Demised Premises or make void or voidable any insurance then in force with respect thereto, or that may make it impossible to obtain fire or other insurance thereon required to be furnished hereunder by the Lessee, or that will cause or be likely to cause structural injury to the Demised Premises, or that will constitute a public or private nuisance or waste.
SECTION 3. The Lessee further agrees that it shall not use (other than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s incidental to its use of the Premises, including Demised Premises and only if in compliance with applicable laws and after Lessee notifies Lessor thereof) or dispose of any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept hazardous substance on the Premises except as authorized and permitted under Section 27 shall promptly notify the Lessor of this Lease. Except as permitted aboveany filing or notice, Tenant shall not allow claim or action, pending or threatened, by any use of governmental agency having jurisdiction over the Premises which would unreasonably interfere with on account of any other tenant hazardous materials or with substances. In the operation of event any liability or cost is imposed upon or incurred by the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access Lessor pursuant to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29Massachusetts General Laws, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) Chapter 21E or any other comparable federal, state or local law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation governing hazardous waste or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law substances as a result of the uses permitted under applicable laws and Lessee's breach of the Master Use Permit or other land use permits for provisions hereof, the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required Lessee agrees to be made solely responsible for all costs of removal, clean up fees and fines or remediation associated therewith including all of Lessor's costs related to or incurred and to fully indemnify and hold the Building (other than Lessor harmless from actual losses, costs and claims, including the Premises) under such lawsdefense thereof, suffered by the Lessor. Landlord agrees that Landlord’s Work in This indemnity shall expressly survive the Premises shall comply with the ADAtermination of this Lease.
Appears in 2 contracts
Sources: Lease (Digitalnet Holdings Inc), Lease (Digitalnet Holdings Inc)
Use of Premises. Tenant The Premises shall use the Premises only be used solely for biomedical laboratory researchgeneral, and general office executive and administrative services office purposes for the initial contemplated business use set forth in Paragraph 2.g. above or for general, executive and administrative office purposes for any other business which is not inconsistent with the standards of operation for office buildings in San Francisco that are comparable to the Building and have comparable improvements, provided such other office use is not a use which conflicts with the terms of any easement, covenant, condition or restriction, or other agreement affecting the Real Property or violate any provision of this Lease, and for no other purpose. Except as specifically provided ; for in this Section 6example, but without limitation, Tenant shall have the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any right to devote a reasonable portion of the Premises towards the operation of a fitness center for Tenant’s employees (including shower facilities) subject to such reasonable rules and regulations regarding such operations as Landlord may implement for such fitness center and/or the installation of a data center for Tenant’s operations. Notwithstanding the foregoing, Tenant’s employees will have the right to bring licensed pet dogs into the Premises at any time, subject to applicable Legal Requirements and Landlord’s reasonable written regulations (as the same may be prepared and reasonably amended from time to time) regarding dogs in the Building, including, without limitation, those regarding animal waste, noise, animal behavior and limitations on the use of Common Areas. The existing Building rules regarding dogs in the Project are attached as Exhibit G, which rules are subject to reasonable modification from time to time, in Landlord’s reasonable judgment. Further, Tenant may operate within the Premises a full cooking kitchen and/or a cafeteria, provided that such kitchen and cafeteria are used for a vivarium for animals larger than rodentsonly by Tenant’s employees, clients and guests and are not open to the public generally. At either’s requestFurther, if, at any time while the kitchen is in operation, Landlord reasonably determines that odors are emitted from the Premises and noticeable in common areas of the Project, in the premises of other tenants or at neighboring buildings, Landlord may notify Tenant thereof and Tenant shall cooperate shall, at Tenant’s sole cost and assist each other in developing and implementing a communications plan expense, promptly use reasonable efforts to correct the problem to Landlord’s reasonable satisfaction (such as modifying the HVAC and/or exhaust system for the Project Premises if the same is required to remedy such odors). Tenant shall, at its sole cost, store and cause to be removed daily to the appropriate areas of the Building, as designated by Landlord, all of Tenant’s use wet and dry refuse resulting from the operation of the Premises, including any uses that may be deemed controversialkitchen and/or cafeteria. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use utilize the refuse containers designated by Landlord or, at Landlord’s option, Landlord may require Tenant to obtain Tenant’s own containers, provided the same comply with Landlord’s reasonable specifications for the same and Landlord provides space for such containers (at no additional cost to Tenant). Tenant shall pay Tenant’s pro-rata share of the Premises which will negatively affect cost for the cost disposal of coverage of Landlord’s insurance on wet refuse and dry refuse from the ProjectBuilding. Tenant shall not allow any inflammable do or explosive liquids suffer or materials permit anything to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant done in or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon about the Premises or allow the Project, nor bring or keep anything therein, which would in any offensive noise way subject Landlord, Landlord’s agents or odor the holder of any Superior Interest (as defined in Paragraph 21) to any liability, increase the premium rate of or around affect any fire, casualty, liability, rent or other insurance relating to the Premises to emanate outside Project or any of the Premises. Subject contents of the Building (unless Tenant agrees to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to pay the Premises 24 hours per day, 7 days a week. Tenant shall comply, at increased portion of the insurance premium resulting from Tenant’s cost, with any and all applicable provisions of use for the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law period that such insurance premium is increased as a result of Tenant’s useactivities, Tenant which payment shall either modify its use constitute additional rent under this Lease), or cause a cancellation of, or give rise to cause any defense by the insurer to any claim under, or conflict with, any policies for such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such lawsinsurance. If any governmental authority shall deem any portion act or omission of the Project Tenant (other than the Premisesmere occupancy and use of the Premises for customary general office purposes in accordance with the terms of this Lease) is the sole cause of any such increase in premium rates, Tenant shall pay to Landlord the amount of such increase within thirty (30) days following notice from Landlord accompanied by reasonable detailed back-up documentation. Tenant shall not do or suffer or permit anything to be a “place done in or about the Premises or the Project which will in any way obstruct or interfere with the rights of public accommodation” under the ADA other tenants or any other comparable law as a result occupants of the uses permitted under applicable laws and Project or injure or annoy them, or use or suffer or permit the Master Use Permit Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain, suffer or permit any nuisance in, on or about the Premises or the Project. Without limiting the foregoing, no loudspeakers or other land use permits for similar device which can be heard outside the ProjectPremises shall, Landlord without the prior written approval of Landlord, be used in or about the Premises. Tenant shall be responsible for, at its cost, any alterations, structural not commit or otherwise, required suffer to be made committed any waste in, to or about the Building Premises. Landlord may from time to time conduct fire and life safety training for tenants of the Building, including evacuation drills and similar procedures. Tenant agrees to participate in such activities as reasonably requested by Landlord. Tenant agrees not to employ any person, entity or contractor for any work in the Premises (other than including moving Tenant’s equipment and furnishings in, out or around the Premises) under such laws. Landlord agrees that Landlord’s Work whose presence may give rise to a labor or other disturbance in the Premises shall comply with Building and, if necessary to prevent such a disturbance in a particular situation, Landlord may require Tenant to employ union labor for the ADAwork.
Appears in 2 contracts
Sources: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)
Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory researchgeneral (non-medical and non-governmental) office purposes compatible with first class office buildings in the Building’s submarket, and general office and administrative services and for no other use or purpose. Except Tenant shall not use or occupy the Premises for any unlawful purpose, or in any manner that will violate the certificate of occupancy for the Premises or the Building, or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant or user of the Building, or in any manner that will increase the number of parking spaces required for the Building or its full occupancy as specifically required by law. Landlord at its expense (subject to reimbursement pursuant to Article V, if and to the extent permitted thereby) shall comply with all Laws to the extent the same apply directly to the Building Structure and Systems and Common Areas as a whole. Tenant shall comply with all Laws concerning the use, occupancy and condition of the Premises and all machinery, equipment, furnishings, fixtures and improvements therein, all in a timely manner at Tenant’s sole expense. If any Law requires an occupancy or use permit or license for the Premises or the operation of the business conducted therein, then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Without limiting the generality of any of the foregoing: Tenant, at its expense, shall install and maintain fire extinguishers and other fire protection devices as may be required with respect to Tenant’s use of the Premises from time to time by any agency having jurisdiction thereof and/or the underwriters insuring the Building; and Tenant at its sole cost and expense shall be solely responsible for taking any and all measures which are required to comply with the ADA concerning the Premises (including suite entry doors and related items) and the business conducted therein. Any Alterations made or constructed by or for Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with this Lease; provided, that Landlord’s consent to such Alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s responsibility for compliance with the ADA, or representation or confirmation by Landlord that such Alterations comply with the provisions of the ADA. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not use any space in the Building or the Land for the sale of goods to the public at large or for the sale at auction of goods or property of any kind. Tenant shall not conduct any operations, sales, promotions, advertising or special events outside the Premises, in the Building or on the Land.
6.2 Tenant shall pay before delinquency any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s use or occupancy of the Premises, the conduct of Tenant’s business at the Premises, or Tenant’s equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall pay as additional rent the amount of such tax or fee.
6.3 Tenant shall not allow, cause or permit any Hazardous Materials to be generated, used, treated, released, stored or disposed of in or about the Building or the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials in the Premises as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises so long as such materials are properly, safely and lawfully stored and used by Tenant and the quantity of same does not equal or exceed a “reportable quantity” as defined in 40 C.F.R. 302 and 305, as amended. At the expiration or earlier termination of this Lease, with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant (it being understood that the term “inaction” as used in this Section 6, shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent of Tenant, unless such condition is knowingly aggravated as a result of Tenant’s use or occupancy of the Premises), Tenant shall not be used for surrender the Premises to Landlord free of Hazardous Materials and in compliance with all Environmental Laws. Tenant shall: (i) give Landlord immediate verbal and follow-up written notice of any other purpose without actual or threatened Environmental Default with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant, which Environmental Default Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlord’s prior written consent consent, which consent may shall not be unreasonably withheld, conditioned or delayed delayed; and (ii) promptly deliver to Landlord copies of any notices or other items received from or submitted to any governmental or quasi-governmental agency, or any claim instituted or threatened by Landlord; providedany third party, howeverconcerning the Premises, that the occupancy or use thereof, or the existence or potential existence of Hazardous Materials therein. Upon any Environmental Default, in no event addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to immediately enter the Premises, to supervise and approve any portion actions taken by Tenant to address the Environmental Default, and, if Tenant fails to immediately address same in accordance with this Lease, to perform, with respect to conditions existing on account of Tenant’s use or occupancy of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and or any action or inaction of Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and or any Agent of Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any sole cost and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its costexpense, any alterations, structural or otherwise, required lawful action necessary to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAaddress same.
Appears in 2 contracts
Sources: Office Lease Agreement (Wells Real Estate Fund Xi L P), Office Lease Agreement (Wells Real Estate Fund Xi L P)
Use of Premises. (a) Landlord warrants that (i) the Premises are zoned and roved for general office purposes and purposes incident thereto and (ii) will request the appropriate authorities to issue a conditional Certificate of Occupancy or a Final Inspection Report allowing use of the Premises for the purposes permitted under this Section 3(a) of this Lease. Landlord shall deliver to Tenant a copy of the conditional Certificate of Occupancy for the Building and for the Premises and the Final Certificate of Occupancy upon issuance.
(b) Landlord agrees that the use of the Premises by Tenant for the following specific purposes ("Additional Purposes") is permitted under this Lease, provided Tenant obtains and maintains all applicable governmental licenses and permits for such purposes:
(i) Computer processing;
(ii) Training for Tenant's employees and for non-employees of Tenant;
(iii) Kitchen and cafeteria for the use of Tenant, Tenant's employees and Tenant's guests in that area designated for cafeteria equipment and use; and
(iv) Printing for Tenant and Tenant's clients including photographic, multilith, or multigraph reproductions or offset printing in that area designated for such equipment and use.
(c) Tenant shall use and occupy the Premises only for biomedical laboratory research, Tenant's executive and general office offices and administrative services for such related purposes as are described in subsection (b) of this Section 3 and for no other purpose. Except as specifically provided for in For the purposes of this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above3, Tenant shall not allow any be deemed to include Tenant's permitted subtenants, assigns, and occupants.
(d) Landlord agrees that, in connection with and incidental to Tenant's use of the Premises which will negatively affect for the office purposes set forth in subsection (a) of this Section 3, provided Tenant, at Tenant's sole cost and expense, obtains any special amendments to the certificate of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on occupancy for the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted aboveany other permits required by any governmental authority having jurisdiction thereof, if any, Tenant shall not allow any may use portions of the Premises for (i) the preparation and service of food and beverages from a full service kitchen with service area (which would unreasonably food and beverages may be delivered to other locations of Tenant outside of the Premises), pantry kitchens, coffee stations or lounges all for the exclusive use by Tenant, its employees and business guests of Tenant (but not for use as a public restaurant or by other tenants of the Building), (ii) the operation of vending machines for the exclusive use of Tenant, its employees and business guests of Tenant, provided that each vending machine, where necessary, shall have a waterproof pan thereunder and be connected to a drain, and (iii) the installation, maintenance and operation of electronic data processing equipment, computer processing facilities and business machines, provided that such equipment is contained within the Premises and does not cause vibrations, noise, electrical interference or other disturbance to other tenants of the Building or the elevators or other equipment in the Building. With respect to any use permitted under this Section 3, any such use shall not violate any laws or requirements of public authorities, constitute a public or private nuisance, interfere with or cause physical discomfort to any of the other tenant tenants or occupants of the Building, E interfere with the operation of the Project by Landlord. Building or the maintenance of same as a first-class office building, or violate any of Tenant's other obligations under this Lease.
(e) Anything contained herein to the contrary notwithstanding, Tenant shall not permit any nuisance or waste upon use the Premises or allow any offensive noise part thereof, or odor in or around permit the Premises or any part thereof to emanate outside be used, (i) for the business of photographic, multilith, or multigraph reproductions or offset printing, unless used in connection with either directly or indirectly, its own business or activities, (ii) for a retail banking, trust company, depository, guarantee, or safe deposit business open to the Premises. Subject general public, so long as such a business exists or is operated in the Building by another tenant, (iii) as a savings bank, a savings and loan association, or as a loan company open to events beyond Landlord’s control the general public, so long as such a business exists or is operated in the Building by another tenant, (iv) for the sale to the general public of travelers checks, money orders, drafts, foreign exchange or letters of credit or for safety the receipt of money for transmission, so long as such a business exists or health reasonsis operated in the Building by another tenant, Tenant and its employees shall have access (v) as a stock broker's or dealer's office or for the underwriting or sale of securities open to the Premises 24 hours per daygeneral public, 7 days so long as such a week. Tenant shall complybusiness exists or is operated in the Building by another tenant, at Tenant’s cost(vi) except as provided in subsection (b) of this Section 3, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result restaurant or bar or for the sale of Tenant’s useconfectionery, Tenant shall either modify its use to cause such authority to rescind its designation soda, beverages, sandwiches, ice cream, or baked goods or for the preparation,. dispensing, or consumption of food or beverages in any manner whatsoever, (vii) as a news or cigar stand, (viii) as an employment agency, labor union office, physician's or dentist's office, dance, or music studio (except for exercise classes which may be responsible for any alterations;, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any conducted after business hours on a portion of the Project Premises where Tenant occupies the floor below and adjacent to the location of such classes), school except for the training of employees of Tenant, (other than the Premisesix) to be a “place of public accommodation” under the ADA or any other comparable law as a result retail travel agency, or (x) as a ▇▇▇▇▇▇ shop or beauty salon.
(f) Landlord covenants and warrants that applicable zoning and health ordinances and regulations permit the use of a portion of the uses permitted under applicable laws and the Master Use Permit or other land Premises for a company sponsored food service facility provided such facility is at all times incidental to use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in of the Premises shall comply with for general office purposes and provided that such facility meets the ADAstandards of such zoning and health ordinances and regulations.
Appears in 2 contracts
Sources: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)
Use of Premises. Tenant shall 11.1 Without the prior written consent of Lessor, Lessee agrees that it will use the Leased Premises only as a software development facility and for biomedical laboratory research, and general office and administrative services and purposes reasonably incident thereto.
11.2 Lessee agrees and acknowledges that for no other purpose. Except as specifically provided for in this Section 6itself, any subtenant or any assignee, it shall neither occupy nor use the Leased Premises shall not or permit the same to be occupied or used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldbusiness or use which, conditioned or delayed by Landlord; provided, however, that in no event shall any portion under the Zoning Ordinances of the Premises be used City of Nashua, New Hampshire, requires a number of parking spaces which is greater than 19.626% percent of all the parking spaces provided on the site of 20 I▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇. ▇▇e Lessee agrees that for a vivarium for animals larger itself or any subtenant, it shall use no more than rodents. At either’s request19.626% percent of all the parking spaces provided on the site of 20 I▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇.
11.3 In its use of the Leased Premises, including Lessee shall comply with all statutes, ordinances and regulations applicable to the use thereof, including, without limiting the generality of the foregoing, the Zoning Ordinances of the City of Nashua, New Hampshire, as now in effect or as hereafter amended, and comply with all reasonable insurance requirements. If in the Lessee's use of the leased premises it engages in any uses action that may be deemed controversial. The reasonable costs would increase the cost of any insurance on 20 I▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇sessed by the Lessor, the Lessee shall either pay for any increase in the cost of such insurance or meet the necessary insurance requirements and make the necessary improvements to develop eliminate the insurance cost increase.
11.4 Lessee shall not injure or implement a communications plan deface, or commit waste with respect to the Leased Premises nor occupy or use the Leased Premises, or permit or suffer any part thereof to be occupied or used, for any unlawful or illegal business, use or purpose, nor for any business, use or purpose deemed to be disreputable or high-hazard, nor in such manner as to constitute a Tenant nuisance of any kind, nor for any purpose in any manner in violation of any present or future laws, rules, requirements, orders, directions, ordinances or regulations of any governmental or lawful authority including Boards of Fire Underwriters. Lessee shall, immediately upon the discovery of any such unlawful, illegal, disreputable or high-hazard use, take, at its own cost and expense, all necessary steps, legal and equitable, to compel the discontinuance of such use and to oust and remove the subtenants, occupants or other persons guilty of such unlawful, illegal, disreputable or high-hazard use.
11.5 Lessee agrees not to use the Leased Premises for the generation, storage or treatment of hazardous waste, and hereby certifies that is deemed controversial his operations or other use of the Leased Premises will not involve same. For purposes of this Lease, the term "hazardous waste" shall be paid defined by Tenantcumulative reference to the following sources as amended from time to time:
(1) The Resource Conservation and Recovery Act of 1976, 42 USC Sections 901 et seq (RCRA); provided that (2) EPA Federal Regulations promulgated thereunder and codified in 40 C.F.R. Parts 260-265 and Parts 122-124; (3) New Hampshire R.S.
A. ch 147 and 147-A; (4) New Hampshire Regulations promulgated thereunder by any such costs agency or department of state.
11.6 Lessee shall be reasonably allocated between Tenant and procure any other tenant whose use is addressed licenses or permits required by the communications plan. Except as permitted above, Tenant shall not allow any use of the Leased Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADALessee.
Appears in 2 contracts
Sources: Lease (Skillsoft Corp), Lease (Skillsoft Corp)
Use of Premises. Tenant The Premises shall use the Premises be used as Lessee’s residence only for biomedical laboratory research, and general office and administrative services and for no other purposepurposes whatsoever. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent Lessee may not be unreasonably withhelduse Premises in violation of any laws, conditioned ordinances, restrictions or delayed by Landlord; provided, however, regulations of any governmental body or create a nuisance. Lessee may not conduct any activity which increases the insurance rates. Lessee avers and agrees that in no event shall any portion of the Premises be used this residential lease agreement constitutes a contract providing for a vivarium for animals larger than rodents“necessary” (pl. At either’s request, Landlord and Tenant form: “necessaries”). Lessee shall cooperate and assist each other give written notice to Lessor or Agent of any material change in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside condition of the Premises. Subject If in the opinion of Lessor or Agent the Premises are damaged by fire, storm, earthquake or any other casualty whatsoever as to events beyond Landlord’s control be unfit for occupancy, then upon written notice by Lessor or Agent this lease shall terminate with rent prorated as of the date that the Premises became unfit for safety occupancy. Lessor/Agent shall not be liable to Lessee for hotel costs or health reasonsother housing arrangements/accommodations in the event the premises are temporarily untenantable. Lessee agrees to make no addition, Tenant and its employees shall have access alternation, or improvement, including painting, to the Premises 24 hours per daywithout the prior written consent of Lessor. All additions, 7 days a weekalterations, and improvements (with the exception of fixtures removable without damage to the Premises), shall be the property of Lessor, and Lessee shall not be entitled to compensation therefor, nor shall Lessee remove them from the Premises without the prior written consent of the Lessor. Tenant shall complyIf Lessee makes any addition, alteration, or improvement, including painting, to the Premises without the prior written consent of Lessor, then Lessor/Agent may, at Tenant’s costits option, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied require Lessee to Tenant. If any governmental authority shall deem restore the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenanttheir former condition at Lessee’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such lawsexpense. If any governmental authority shall deem any portion of Lessee fails or refuses to make such restoration within thirty (30) days after written notice from Lessor/Agent to do so, Lessor/Agent may restore the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws premises and the Master Use Permit or other land use permits for the Project, Landlord Lessee shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to Lessor/Agent for the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAtotal cost thereof.
Appears in 2 contracts
Sources: Residential Lease Agreement, Residential Lease Agreement
Use of Premises. Tenant shall 4.1 CARETAKER agrees that the only use permitted for the Premises only is as a personal residence for biomedical laboratory research, CARETAKER and general office and administrative services and for no ▇▇▇▇▇▇▇▇▇'s immediate family. CARETAKER shall be required as part of CARETAKER's application to list any other purpose. Except as specifically provided for in this Section 6, intended residents at the Premises and their relation to CARETAKER, as well as, submit any changes to the list that occur during the term of this Agreement. If CARETAKER desires to have anyone other than ▇▇▇▇▇▇▇▇▇'s immediate family reside on the Premises with CARETAKER, CARETAKER shall not be used for any other purpose without Landlord’s obtain the prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion approval of the Premises be used for a vivarium for animals larger than rodents. At either’s requestContract Administrator, Landlord and Tenant shall cooperate and assist each other which approval is in developing and implementing a communications plan for the Project and Tenant’s use sole discretion of the PremisesContract Administrator.
4.2 CARETAKER shall make no unlawful, including any uses that may be deemed controversial. The reasonable costs to develop improper, immoral or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any offensive use of the Premises which nor will negatively affect CARETAKER use the cost Premises or allow the use of coverage the Premises for any purpose other than that set forth in this Agreement. Failure of Landlord’s insurance CARETAKER to comply with this provision shall be considered a material default under this Agreement enabling COUNTY's County Administrator to immediately terminate this Agreement with verbal notice to CARETAKER followed by formal written notice as provided for in Section 13.6, Notices, within forty-eight (48) hours.
4.3 All personal property and/or equipment placed by CARETAKER on or about the Premises shall be at the risk of CARETAKER and COUNTY shall not be liable for any damage or loss to CARETAKER's personal property and/or equipment located thereon for any reason whatsoever.
4.4 CARETAKER agrees and understands that COUNTY shall not have any liability with regard to ▇▇▇▇▇▇▇▇▇'s responsibilities under this Agreement or assets placed or located at the Premises by CARETAKER.
4.5 In utilizing the Premises, CARETAKER agrees as follows:
(a) No laundry shall be visible on the Project. Tenant Premises.
(b) Vehicle maintenance requiring dissembling shall not allow any inflammable or explosive liquids or materials to be permitted.
(c) Radios, televisions, stereos, and other sources of noise shall be kept within the bounds of moderation at all times.
(d) No trash burning or other type of burning shall be permitted on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant for outdoor cooking purposes on a grill.
(e) Pets shall not allow any use be allowed on the Premises unless secured by a leash or other means. Exotic animals kept as pets shall be subject to the prior approval of the Contract Administrator.
(f) No alcoholic beverages shall be consumed on the Property outside of CARETAKER's residence.
(g) No excavation of soil in any matter shall be permitted.
(h) The entrance gate to the Premises which would unreasonably interfere with shall be kept locked/closed at all times except when entering or exiting the Premises.
4.6 CARETAKER shall be responsible for maintaining the Premises as shown in attached Exhibit "A," Locator Map(s). CARETAKER shall keep the Premises free and clear of any other tenant obstruction, rubbish, or with litter and maintain the operation Premises in a neat, orderly, and attractive manner.
4.7 COUNTY, or its agents, shall have the right to enter the Premises (not including the portable housing) at any reasonable time for the purpose of the Project by Landlord. Tenant shall not permit any nuisance or waste upon inspecting the Premises or allow any offensive noise performing other duties as are required by law or odor in or around by the Premises to emanate outside terms of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any this Agreement.
4.8 CARETAKER and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied persons authorized by Section 4.1 above to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, reside at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with be required to evacuate when the ADAorder is given by the Division Director through the Contract Administrator.
Appears in 2 contracts
Sources: Safety and Security Services Agreement, Safety and Security Services Agreement
Use of Premises. The Premises shall be used and occupied by Tenant solely for the main and related purposes of office space. Tenant shall, at Tenant's expense, comply promptly with all applicable statues, ordinances, rules, regulations, orders and requirements in effect during the term of this Lease regulating the use by Tenant of the Premises. Tenant shall not use or permit the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion use of the Premises in any manner than will tend to create waste or a nuisance or which shall tend unreasonably to disturb other tenants of the Building. Notwithstanding any other provision of this Lease, Tenant shall not use, keep or permit to be used for or kept on the Premises any foul or noxious gas or substance, nor shall Tenant do or permit to be done anything in and above the Premises, either in connection with activities hereunder expressly permitted or other wise, which would cause a vivarium for animals larger than rodentscancellation of any policy of insurance (including fire insurance) maintained by Landlord in connection with the Premises or the Building. At either’s request, Landlord and Tenant shall cooperate forthwith pay to Landlord upon demand therefor the amount of any additional insurance assessed to Landlord with respect to the Premises and assist each other in developing and implementing a communications plan for the Project and Building on account of activities of Tenant or Tenant’s use 's vacation of the Premises, including any uses whether or not they are permitted by this Lease. Tenant shall comply with all restrictive covenants, easements and requirements that may be deemed controversialof record either presently or in the future and that burden the Premises. The reasonable costs Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to develop or implement a communications plan with respect to a Tenant time promulgate respecting use that is deemed controversial and occupancy of the Building. Such rules and regulations shall be paid binding upon Tenant upon delivery of a copy of them to Tenant. Landlord shall not be responsible to Tenant for the breach thereof by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by tenants of the communications planBuilding or occupants if applicable. Except as permitted above, Tenant shall not allow any use Tenant's occupancy of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials be deemed to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use an acceptance of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon "as is" and an acknowledgement that the Premises or allow any offensive noise or odor have been satisfactorily completed and are in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or good condition, except for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAlatent defects.
Appears in 2 contracts
Sources: Lease Agreement (Nu Skin Enterprises Inc), Lease Agreement (Nu Skin Enterprises Inc)
Use of Premises. Tenant The Premises shall use be occupied and used exclusively for residential purposes and exclusively by the Premises only for biomedical laboratory research, and general office and administrative services and for no other purposeundersigned Lessees. Except as specifically provided for in this Section 6, the The Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may or by any persons not be unreasonably withhelda party to this Rental Agreement. Lessee shall, conditioned or delayed by Landlord; providedin particular, however, that in no event comply with the following:
(a) Lessee shall observe all regulations of any portion insurance underwriters concerning the use and condition of the Premises be used for a vivarium for animals larger than rodentsregarding the reduction of fire hazards and other insurable risks. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant Lessee shall not allow any store, keep or use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises any flammable liquid, explosive or like substance of any kind. In addition, Lessee shall not, under any circumstances, store anything within FOUR (4) FEET of the furnace or water heater within the Premises. No swimming/wading pools, hot tubs/jacuzzis, trampolines, horseshoe boxes, beer pong tables may be set up at the Premises. No hammocks may be tethered to emanate any part of the structure of the Premises.
(b) No musical instruments, radios, televisions, or other electronic or audio equipment shall be operated in a manner that is disturbing or annoying to other Lessees, nor shall any disturbing noises be made at any time. No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by ▇▇▇▇▇▇ on the outside of the building.
(c) The entrances, corridors, passages, and stairways shall not be obstructed or used by the Lessee for any purpose other than ingress or egress to and from the Premises. Lessee shall not park or store any property, including, bicycles, mopeds, sleds, or other like equipment in front of the Premises or in passageways. Personal property shall be parked and stored only in designated areas.
(d) Lessee shall make no alterations, including but not limited to locks, bolts or latches, decorations, additions or improvements in or to the Premises without the prior written consent of Lessor. All alterations, additions or improvements upon the Premises, made by either party, shall, in ▇▇▇▇▇▇'s sole discretion, become the property of Lessor. No spikes, hooks, large nails or large fasteners shall be driven into or affixed to the wall or woodwork. Lessor recommends the use of removable fasteners, which do not make holes in or mark the walls or woodwork.
(e) Waterbeds or extremely heavy articles shall not be placed in the Premises at anytime.
(f) Lessee shall properly operate the garbage disposal, allowing hot water to run for at least one minute to flush shredded waste material after use. Lessee shall not permit foreign objects, including but not limited to, bottle caps, spoons, forks, sponges, cigarette butts, glass, metal, plastic, grease/oil, etc. in the garbage disposal as discussed in Section 25.
(g) ▇▇▇▇▇▇ agrees not to engage personally or permit any unlawful activities on the Premises. Lessee, any member of ▇▇▇▇▇▇'s household or guest or other person under ▇▇▇▇▇▇'s control shall not engage in any act intended to facilitate criminal activities and acts of violence, including, but not limited to, the unlawful discharge of firearms on or off the Premises, acts of violence that damage or destroy the dwelling unit or disturb or injure other residents or others in the unit, common areas or on the grounds.
(h) Lessee shall not violate the laws of any state, city, municipality or other governmental unit regarding the use of controlled substances or the use of alcohol by minors. Lessee shall not knowingly permit any member of ▇▇▇▇▇▇'s household, or a guest or other person under ▇▇▇▇▇▇'s control to engage in drug related criminal activity, in the unit, in the common areas, or on the grounds of the Premises. Subject "Drug-related criminal activity" means the illegal manufacture, sale, distribution, use, or possession, with intent to events beyond Landlord’s control manufacture, sell, distribute or for safety use, of a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802)). Under no circumstances is the growing or health reasonscultivation of medical or recreational marijuana allowed in or around the Premises - even if ▇▇▇▇▇▇ possesses a medical marijuana patient or caregiver license, Tenant Lessee does not have the right to grow or cultivate in or around the Premises.
(i) Lessee shall maintain the Premises in a clean and habitable condition. No food, drink, dirt, boxes, bags, dirty clothing, bottles, cans, or refuse of any sort shall be permitted to accumulate on the Premises. If ▇▇▇▇▇▇ fails to maintain the Premises in a clean manner, Lessor may, at its employees option, clean the Premises and
(j) Lessee shall have access leave the heat set to a minimum of 65°F during the months of October through March, and at any time that the outside temperature is less than 32°F including, but not limited to during any vacation or break time. Failure to comply with this provision may result in damage to pipes in the Premises, damage to personal property and damage to the Premises 24 hours per day, 7 days a weekbuilding. Tenant shall comply, at Tenant’s cost, with Lessee is responsible for any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law damages occurring as a result of Tenant’s useviolation of this provision, Tenant shall either modify its use including, but not limited to cause such authority increased utility expenses, damage to rescind its designation or real and personal property, lost rent, alternate housing costs, and any and all consequential damages.
(k) When the Lease term ends, ▇▇▇▇▇▇ must promptly vacate the Premises, remove all personal property, clean the entire Premises and yard, and return all keys. If ▇▇▇▇▇▇ fails to return all keys, Lessee will be responsible charged as additional rent for any alterations, structural or otherwise, required to be made to changing all locks and cutting new keys for the Building or Premises. ▇▇▇▇▇▇ must dispose of all trash and leave the Premises under such laws. If any governmental authority shall deem any portion in a clean and healthy manner.
(l) A single violation, of the Project (other than the Premises) to above provisions may be deemed a “place of public accommodation” under the ADA or any other comparable law as serious violation and a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply material noncompliance with the ADARental Agreement and substantiate good and justifiable cause for termination of tenancy.
Appears in 2 contracts
Sources: Rental Agreement, Rental Agreement
Use of Premises. Tenant a. TENANT shall be entitled to use the Premises only for biomedical laboratory researchthe purposes of operating, using, maintaining, renewing, replacing and general office and administrative services repairing the Existing Truck Unloading Facility in connection with the supply of coal to the Station pursuant to the Coal Supply Agreement, and for no other purposeuse unless written permission is first obtained from LANDLORD for such other use. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent TENANT may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside provide goods or services to parties other than LANDLORD, unless otherwise authorized in writing by the LANDLORD. During the term of the Premises. Subject to events beyond Landlord’s control or for safety or health reasonsthis Agreement, Tenant and its employees TENANT shall have access to the Premises 24 hours per dayalong a roadway owned, 7 days a week. Tenant used and controlled by LANDLORD.
b. During the term of this Agreement, the Existing Truck Unloading Facility shall comply, at Tenant’s cost, with any remain the sole and all applicable provisions exclusive property of the April 29TENANT and/or an affiliate of TENANT. Upon expiration or termination of this Agreement, 2002 Transportation Management Plan, a copy the Existing Truck Unloading Facility shall become the property of which has been supplied the LANDLORD in accordance with paragraph 8.
c. TENANT shall have the right to Tenant. If any governmental authority shall deem place on the Premises such non-permanent machines, tools or other equipment and items as it shall consider necessary or desirable for the purpose for which this Agreement is made (collectively, “Equipment”). Such Equipment shall at all times remain the sole and exclusive personal property of TENANT and may be removed by TENANT at any time, whether at the termination of this Agreement, or prior thereto. TENANT shall be responsible for property taxes on the Equipment. Any machines, tools, equipment or other items which TENANT permanently affixes to the Existing Truck Unloading Facility or the Premises during the term of this Agreement shall be deemed to be a “place part of public accommodation” the Existing Truck Unloading Facility.
(i) TENANT shall not, at any time, use, or store, or permit the use or storage of, on the Premises, any material designated as hazardous or toxic (either in its original form or as waste upon disposal) unless reasonably required by TENANT or TENANT’s subcontractor(s) for the operation and maintenance of the Existing Truck Unloading Facility and such use or storage is in compliance with applicable laws, rules, regulations or ordinances. TENANT agrees not to commit or permit any waste or nuisance on or about the Premises nor do or permit any act that poses a threat of environmental harm or damage which constitutes a violation of applicable environmental laws. Without limitation of the foregoing, TENANT shall not dispose of any hazardous or toxic material or petroleum product in, or cause or permit release of any such material or product into, land, water, storm drains or sewers on or near the Premises.
(ii) LANDLORD shall provide TENANT written notice of violation of the provisions of paragraph 5.d.(i). If TENANT, in accordance with the applicable laws, fails to initiate correction of such violation and does not identify a cure reasonably acceptable to LANDLORD within thirty (30) days of receipt of LANDLORD’s written notice, TENANT will be in material default under this Agreement. In the event TENANT fails to comply with paragraph 5.d.(i) above, and fails or refuses to cure such noncompliance within thirty (30) days after the date of TENANT’S receipt of written notice of such noncompliance from LANDLORD, the LANDLORD may immediately take remedial action to prevent further noncompliance and contain and clean up releases of such materials or products, and TENANT shall indemnify LANDLORD for any reasonable costs and expenses incurred by LANDLORD. LANDLORD may deduct such costs and expenses from amounts due TENANT under the Americans with Disabilities Act (“ADA”) Coal Supply Agreement. Any such action by LANDLORD shall not constitute a waiver of other rights available to LANDLORD under this Agreement, including but not limited to termination rights. Nothing in this paragraph 5.d. shall relieve TENANT of any of its obligations or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building liabilities under this Agreement or the Premises under such laws. If any governmental authority Coal Supply Agreement.
e. TENANT shall deem any portion not place underground or aboveground storage tanks, other than those required for the operation of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the ProjectExisting Truck Unloading Facility, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in on the Premises shall comply with the ADAwithout LANDLORD’s prior written consent.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Alliance Resource Partners Lp)
Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory researchgeneral (non-medical and non-governmental) office purposes compatible with first class office buildings in the Building’s submarket, and general office and administrative services and for no other use or purpose. Except Tenant shall not use or occupy the Premises for any unlawful purpose, or in any manner that will violate the certificate of occupancy for the Premises or the Building, or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant or user of the Building, or in any manner that will increase the number of parking spaces required for the Building or its full occupancy as specifically required by law. Landlord at its expense (subject to reimbursement pursuant to Article V, if and to the extent permitted thereby) shall comply with all Laws to the extent the same apply directly to the Building Structure and Systems and Common Areas as a whole; provided, however, that to the extent any non-compliance is a result of the particular use or occupancy of the Premises (as opposed to office use generally), or any negligence or willful misconduct by of Tenant or any Agent of Tenant, or if any improvements made by Landlord to comply with such Laws benefit solely the Premises, then such compliance shall be at Tenant’s cost. Following Landlord’s delivery of the Premises in accordance with all applicable Laws, Tenant shall comply with all Laws concerning the use, occupancy and condition of the Premises and all machinery, equipment, furnishings, fixtures and improvements therein, all in a timely manner at Tenant’s sole expense. If any Law requires an occupancy or use permit or license for the Premises or the operation of the business conducted therein, then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Without limiting the generality of any of the foregoing: Tenant, at its expense, shall install and maintain fire extinguishers and other fire protection devices as may be required with respect to Tenant’s use of the Premises from time to time by any agency having jurisdiction thereof and/or the underwriters insuring the Building; and Tenant at its sole cost and expense shall be solely responsible for taking any and all measures which are required to comply with the ADA concerning the Premises (including suite entry doors and related items) and the business conducted therein. Any Alterations made or constructed by or for Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with this Lease; provided, that Landlord’s consent to such Alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s responsibility for compliance with the ADA, or representation or confirmation by Landlord that such Alterations comply with the provisions of the ADA. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not use any space in the Building or the Land for the sale of goods to the public at large or for the sale at auction of goods or property of any kind. Tenant shall not conduct any operations, sales, promotions, advertising or special events outside the Premises, in the Building or on the Land.
6.2 Tenant shall pay before delinquency any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s use or occupancy of the Premises, the conduct of Tenant’s business at the Premises, or Tenant’s equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall pay as additional rent the amount of such tax or fee. In addition to Base Rent and other charges to be paid by Tenant hereunder, Tenant shall reimburse Landlord upon demand for any and all taxes or assessments payable by Landlord by applicable Laws, whether or not now customary or within the contemplation of the parties hereto, to the extent not included in Real Estate Taxes: (a) upon, measured by or reasonably attributable to the cost or value of Tenant’s equipment, furniture, fixtures and other personal property located in the Premises or by the cost or value of any improvements made in or to the Premises by Tenant regardless of whether title to such improvements shall be in Tenant or Landlord; (b) upon or measured by the rental, parking fees and other charges payable hereunder in the nature of a sales tax upon rent, fees or other charges or a so-called “rent tax” or as a substitute for or in lieu of any increase in any taxes now in effect in connection with the payment of rent or other charges for the use, occupancy, possession or tenancy of the demised premises for each month or portion thereof during the term of this Lease, but not federal or state income taxes of Landlord; and (c) upon this transaction or any document to which Tenant is a party creating or transferring an interest in the Premises. Tenant agrees to pay all sales taxes and rent taxes in the manner and in accordance with the requirements of applicable Laws. If the applicable taxing authority shall require Landlord or Landlord’s agent to collect any sales taxes or rent taxes for or on behalf of the applicable taxing authority, then such sales taxes or rent taxes shall be paid by Tenant to Landlord or Landlord’s agent monthly with the rent payments and other charges required to be paid hereunder, in accordance with the requirements of the applicable taxing authority. In the event that it shall not be lawful for Tenant so to reimburse Landlord, the monthly rental payable to Landlord under this Lease shall be revised to net Landlord the same net rental after imposition of any such tax upon Landlord as would have been payable to Landlord if such tax had not been imposed.
6.3 Tenant shall not allow, cause or permit any Hazardous Materials to be generated, used, treated, released, stored or disposed of in or about the Building or the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials in the Premises as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises so long as such materials are properly, safely and lawfully stored, used and disposed of by Tenant and the quantity of same does not equal or exceed a “reportable quantity” as defined in 40 C.F.R. 302 and 305, as amended. At the expiration or earlier termination of this Lease, with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant (it being understood that the term “inaction” as used in this Section 6, shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent of Tenant, unless such condition is knowingly aggravated as a result of Tenant’s use or occupancy of the Premises), Tenant shall not be used for surrender the Premises to Landlord free of Hazardous Materials and in compliance with all Environmental Laws. Tenant shall: (i) give Landlord immediate verbal and follow up written notice of any other purpose without actual or threatened Environmental Default with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant, which Environmental Default Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlord’s prior written consent consent, which consent may shall not be unreasonably withheld, conditioned or delayed delayed; and (ii) promptly deliver to Landlord copies of any notices or other items received from or submitted to any governmental or quasi-governmental agency, or any claim instituted or threatened by Landlord; providedany third party, howeverconcerning the Premises, that the occupancy or use thereof, or the existence or potential existence of Hazardous Materials therein. Upon any Environmental Default, in no event addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to immediately enter the Premises, to supervise and approve any portion actions taken by Tenant to address the Environmental Default, and, if Tenant fails to immediately address same in accordance with this Lease, to perform, with respect to conditions existing on account of Tenant’s use or occupancy of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and or any action or inaction of Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and or any Agent of Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any sole cost and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its costexpense, any alterations, structural or otherwise, required lawful action necessary to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAaddress same.
Appears in 2 contracts
Sources: Office Lease Agreement (IMARA Inc.), Office Lease Agreement (IMARA Inc.)
Use of Premises. (a) The Premises are leased to Tenant shall for the use the Premises only for biomedical laboratory research, and general office and administrative services set forth in Section 1(1) hereof and for no other purposepurpose whatsoever. Except as specifically provided for in this Section 6, ▇▇▇▇▇▇ agrees that it will use the Premises shall in such manner as not to injure, annoy, interfere with or infringe on the rights of other tenants or use or allow the Premises to be used for any other improper, immoral or unlawful purpose without or to permit unpleasant odors to be emitted therefrom. Tenant agrees to comply with all applicable laws, ordinances and regulations and comply with all requirements of Landlord’s prior written consent insurance policies and the American Insurance Association now or hereafter in force in connection with its use of the Premises. Tenant shall not commit or suffer the commission of any waste, overload any floor of the Premises beyond the load limit reasonably established by Landlord or permit any explosives to enter the Development. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything therein which consent may will in any way increase the fire insurance premium upon the Building. Tenant shall not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall use any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use preparation, sale or consumption of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed food by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectpublic. Tenant shall not allow have the right to contest, without cost to Landlord, the validity or application of any inflammable such governmental law, ordinance or explosive liquids or materials regulation required to be kept on complied with by Tenant pursuant to this Section 10 and may postpone compliance therewith, provided such contest does not subject Landlord to criminal prosecution for noncompliance therewith and, further, provided, that Tenant promptly pays all fines, penalties and other costs and interest thereon imposed upon Landlord as a result of such noncompliance.
(b) During the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted aboveLease Term, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant Landlord shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) Development to be used or occupied for a “place of use which would be inconsistent with maintaining a highly respected public accommodation” under image for the ADA or Building, including, without limitation, any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit “Prohibited Uses,” described on Exhibit “I” hereto. Tenant agrees not to use, or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required permit to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in used any portion of, the Premises shall comply with for any of the ADAProhibited Uses.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Use of Premises. Tenant shall use the Premises only solely for biomedical laboratory research, and the purpose of general office and administrative services use including, but not limited to the operation of a pet insurance company and for no other purposecall center. Except In addition, Tenant shall have exclusive use of the Parking Lot, except as specifically provided for set forth in this Section 61 above. Tenant and Tenant’s employees, subtenants and invitees shall be entitled to access the Premises, the Building and the Parking Lot 24 hours per day, 7 days per week, 365 days per year and shall be entitled to bring pets into the Building, the Premises and the Parking Lot. Tenant shall use the Premises in compliance with all applicable laws, rules and regulations, shall not knowingly permit any illegal activity thereon. No other use of the Premises shall be used for any other purpose permitted without Landlord’s the prior written consent of Landlord, which consent may shall not be unreasonably withheld, conditioned or delayed by delayed. Tenant has inspected the Premises and has determined the Premises are suitable for its purposes provided, however, the foregoing shall not limit Landlord’s repair and maintenance obligations under this Lease. Notwithstanding any other provision of this Lease to the contrary, Landlord represents that to the best of its knowledge the Building and the Premises are in compliance with all applicable laws, statutes, ordinances, codes, regulations and other rules or requirements of any governmental authorities having jurisdiction over the Building and the Premises as of the date of this Lease and will be in compliance therewith as of the Commencement Date. Landlord, at its sole cost and expense, without any right of reimbursement from Tenant, shall remedy any noncompliance that exists as of the Commencement Date (regardless of whether Landlord has actual knowledge of the same as of the date of this Lease) promptly upon knowledge thereof; provided, however, that in no event Landlord shall not be liable for any portion of damage or such noncompliance to the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid extent caused by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.
Appears in 2 contracts
Sources: Lease Agreement (Trupanion Inc.), Lease Agreement (Trupanion Inc.)
Use of Premises. 4.1 The Premises shall be used and occupied only for the purposes described in Paragraph 1(g) above and for other uses permitted within the light industrial zoning district within which the Premises is located, unless prohibited by the Declaration, and provided Tenant's use otherwise complies with all applicable governmental requirements. Tenant shall not use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose purposes without Landlord’s 's prior written consent consent, which consent may not be unreasonably withheldwithheld in Landlord's sole discretion. Without limiting the foregoing, conditioned or delayed by Landlord; provided, however, it is acknowledged that in no event shall any Tenant may elect to use a portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord an employee cafeteria and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; kitchen facilities provided that any all construction of such costs shall be reasonably allocated between Tenant and any other tenant whose use facilities is addressed by performed in accordance with the communications plan. Except as permitted above, provisions of Section 9.5 hereof.
4.2 Tenant shall not allow do or permit to be done in or about the Premises anything which is illegal or unlawful; or which will cause cancellation of any insurance on the building of which the Premises are a part. Tenant shall not obstruct or interfere with the rights of any other tenants and occupants of the Center or their invitees, nor injure them, nor operate the Premises in a manner which unreasonably disturbs other tenants in the use of their premises in the Center. Tenant shall not cause, maintain or permit any nuisance on or about the Premises. Tenant shall not use nor permit the use of the Premises which will negatively affect or any part thereof as living quarters.
4.3 Tenant acknowledges that although Landlord has permitted Tenant the cost use of coverage Premises for the purpose described in this Article, neither Landlord nor any agent of Landlord’s insurance on Landlord has made any representation or warranty to Tenant with respect to the Projectsuitability of the present zoning of the Building for such use. Tenant assumes all responsibility for investigating the suitability of the zoning for its use and for compliance with all other laws and regulations governing such use.
4.4 Tenant shall not allow any inflammable or explosive liquids or materials to be kept on have use of, and access to, the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 twenty four (24) hours per day, 7 three hundred sixty five (365) days a week. per year, subject to the provisions of this Lease and ordinances and regulations of applicable governmental agencies.
4.5 Tenant shall complyagrees that, at Tenant’s costits own cost and expense, it will comply with and conform to all Legal Requirements (as defined in Section 4.7(d) below) in any and all applicable provisions way relating to the use or occupancy of the April 29Premises throughout the entire term of this Lease; including the Livermore Fire Code requiring all tenants to obtain fire extinguishers for the Premises and maintain them so that they are fully charged and operational at all times and inspected annually. Further, 2002 Transportation Management Plan, a copy of which has been supplied subject to Tenant. If any governmental authority shall deem Landlord's obligation to deliver the Premises to Tenant in the Delivery Condition, Tenant shall thereafter be a “place of public accommodation” under obligated at its own cost and expense to take such action and perform such work (including structural alterations) to the Premises, as required to comply with the Americans with Disabilities Act (“"ADA”") and other applicable handicapped access codes. Further, if, and to the extent, due to Tenant's use of, or alterations to, or work performed by Tenant in the Premises, changes, alterations or improvements to Building 2, Parcel 2 or other portions of the Center are required by any other comparable law as a result of Tenant’s usegovernmental agency, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for the costs of such changes, alterations and improvements. Notwithstanding the foregoing, nothing contained herein shall limit or affect any alterationsrepresentations, structural warranties or otherwise, required covenants of Landlord or any of Landlord's contractors with respect to be made any work performed pursuant to Article 8 or Exhibit C. Except to the Building or the Premises under such laws. If any governmental authority shall deem any portion extent of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the ProjectTenant's compliance obligations set forth above, Landlord shall be responsible forobligated to comply with all Legal Requirements, at its costincluding, any alterationswithout limitation, structural or otherwisethe ADA and other applicable handicapped access codes, required with respect to be made all portions of Parcel 2 outside of Building 2, subject to reimbursement as specifically set forth in this Lease and further subject to the terms of the Declaration.
4.6 Tenant shall place no loads upon the floors, walls, ceilings or roof of the Building (other than in excess of the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAmaximum design load of Building 2.
Appears in 2 contracts
Sources: Lease Agreement (Formfactor Inc), Lease Agreement (Formfactor Inc)
Use of Premises. A. Tenant shall use the Premises only for biomedical laboratory researchthe purposes of constructing and operating thereon an EV Charger and related Improvements, as described in Exhibit C, to be used for public electric charging stations, including maintenance and general office and administrative services repair thereof; and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose use without Landlord’s 's prior written consent in each instance, which consent may not be unreasonably withheldwithheld if the proposed use will, conditioned in Landlord's sole discretion, be detrimental to the orderly development and operation of the Premises.
B. Tenant shall comply with all federal, state, and municipal laws, regulations and ordinances affecting the Premises or delayed by Landlord; provided, however, that in no event shall any portion thereof and shall maintain in force during the Term all permits, authorizations and licenses that may be necessary for Tenant's use or operation of the Premises be used for a vivarium for animals larger than rodents. At either’s requestor any portion thereof pursuant to Section 5(A) above (including, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for without limitation, the Project and Tenant’s use making, placing, maintaining or altering of the Premises, including Improvements of any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectportion thereof). Tenant shall not allow use the Premises or any inflammable portion thereof for any purpose or explosive liquids use which is in violation of any applicable certificate of occupancy, building permit, or materials any of the Restrictions.
C. Tenant will not suffer any act to be kept done or condition to exist on the Premises except Premises, or any part thereof, or any article to be brought thereon which may be dangerous, unless safeguarded as authorized and permitted under Section 27 of this Lease. Except as permitted aboverequired by law, or which may, in law, constitute a nuisance, public or private.
D. Tenant shall not allow have the right to maintain or install any use of signs in or at the Premises which would unreasonably interfere with any visible from adjacent parcels or roads except as approved in writing by Landlord in each instance. This provision is not applicable to brands, logos, instructions, or other tenant or with signage on the operation of the Project by Landlord. Improvements.
E. Tenant shall not permit any nuisance or waste upon have full responsibility for protecting the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29Improvements located thereon from damage due to theft, 2002 Transportation Management Planrobbery, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAvandalism.
Appears in 2 contracts
Sources: Ground Lease, Ground Lease
Use of Premises. Tenant Upon commencement of this Agreement, District does hereby permit CCEA to use available meeting space at school building locations located in the District (Premises), to conduct meetings with represented employees of the District in CCEA’s bargaining unit (Activities). CCEA shall have use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises during hours that the Premises are open for business to perform CCEA’s Activities only, subject to mutually agreed upon modification by the Parties in writing, until the expiration date of this Agreement unless terminated sooner in accordance with the provisions in this Agreement:
a. CCEA may hold the meetings at a time and place set by CCEA during normal hours of operations of the District.
b. CCEA shall have the right to conduct the meetings without undue interference and may establish reasonable rules regarding appropriate conduct for meeting attendees consistent with law and school board policy.
c. CCEA has the right to conduct such meetings at the employees’ regular work location before or after the employees’ regular work hours, during meal periods and during any other break periods.
d. The meetings described in this section shall not interfere with the District’s operations.
e. The Association agrees to utilize the District Facilities Use Application (DFU Application) any time the Association intends to use District facilities. Such form will be used for a vivarium for animals larger than rodents. At either’s requestavailable online and will be completed and returned via email to the Facilities Use Manager, Landlord Building Principal/Site Supervisor, and Tenant shall cooperate CCEA Building Representative Supervisor at the location at which CCEA intends to conduct Activities as follows: (1) if the CCEA Building Representative is hosting the meeting in their workspace and assist each other in developing and implementing a communications plan there is nothing scheduled for the Project use of that workspace at that time, notice by submission of the DFU Application must be provided at least three hours prior to the meeting; (2) if the CCEA Building Representative requests workspace other than their own workspace in the building to be utilized for the meeting, notice by submission of the DFU Application must be provided at least three school days prior to the meeting. The Facility Use Manager or Building Principal/Site Supervisor will inform CCEA if the requested meeting place has already been reserved for use by others. In the event the requested meeting space is reserved, the Facility Use Manager or Building Principal/Site Supervisor will inform CCEA of other potentially acceptable meeting locations. Signature by the Building Principal, or designee, signifies acknowledgement of receipt of the DFU Application. No further approval will be required.
f. Use of district facilities by the Association is only available if not in use by the District.
g. No sales of any kind (e.g. jewelry, raffles, food sale, admission, etc.).
h. All building entry and Tenant’s exit protocols must be followed.
i. In the event of an emergency, participants shall follow building safety protocols and adhere to the applicable building supervisor and District safety personnel direction during the emergency.
j. CCEA shall not permit anything to be done in or about the Premises during its use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect increase the cost existing rate of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow cause the cancellation of any offensive noise or odor in or around the Premises to emanate outside of the insurance policy covering said Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Use of Premises. Tenant shall use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees A. Hakone shall have full and unimpaired access to the Premises 24 hours per dayat all times. The City shall have the right to enter the Premises at reasonable times for the purpose of inspecting the same. The Premises shall be used by Hakone only for the purposes and according to the policies described in Exhibits A-1 and A-2.
B. Subject at all times to Hakone’s exclusive right to use the Premises, 7 days a weekthe City shall have the right to use the Premises and any part thereof for municipal activities conducted from time to time by the City or any of its officers, officials, boards or commissions or committees. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions In the event the City wishes to use part of the April 29Premises for its occasional use it shall request such use by providing to the Hakone not less than 10 days’ written notice of the time, 2002 Transportation Management Plan, a copy date and intended use of which has been supplied the premises. Hakone agrees to Tenantmake all reasonable effort to accommodate the City’s intended use. If the requested time and date is not available Hakone and the City shall confer and reschedule the intended use at a time and date convenient for both. There shall be no fee or other charge imposed by Hakone on the City for such event. However, the City shall provide any governmental authority shall deem additional staffing and provide cleanup for the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause event such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law that no additional burden is placed upon Hakone as a result of the uses permitted under applicable laws and event.
C. Hakone shall not lease or sublease the Master Use Permit whole or any part of the Premises, nor sell or assign this lease, either voluntarily or by operation of law, nor allow the Premises to be occupied by anyone contrary to the terms hereof, nor permit their use for any purpose other land use permits than as hereinabove specified, nor abandon or vacate the Premises, nor fail or refuse to actively cause the Premises to be used as hereinabove specified for the Projectpurposes of this lease, Landlord without the prior written consent of City. Hakone shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in not use the Premises shall comply with the ADAin any way that will constitute waste, nuisance, or unreasonable annoyance to owners or occupants of adjacent properties.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Use of Premises. Tenant shall use (a) Lessee shall, at its sole cost and expense, have the Premises right and obligation to install the Units and provide the services specifically listed on Exhibit E, Section I (the “Basic Services”) only at the truck parking spaces approved in advance in writing by Landlord for biomedical laboratory research, and general office and administrative services and for no other purposeeach respective Travel Center. Except as specifically provided for in this Section 6, the Premises Lessee shall not make the Services available anywhere else at the Travel Centers except at the truck parking spaces approved by Landlord with the understanding that wireless internet access may be used for available to IdleAire customers wherever they choose to access it. Under no circumstances will Lessee be permitted to deliver any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of physical products to customers at the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan Travel Centers except for the Project and Tenant’s use of the Premisesitems listed on Exhibit E, including any uses that may be deemed controversial. The reasonable costs to develop Section III, or implement a communications plan with respect *** Indicates where material is omitted pursuant to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant confidential treatment request and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or filed separately with the operation of the Project Commission. additional items approved in writing by Landlord. Tenant Except for pre-existing contractual obligations for any Travel Centers purchased by Landlord after the date of this Agreement, Landlord shall not permit any nuisance person other than Lessee to install any device, equipment or waste upon apparatus in the Premises parking lot for provision of any Basic Services on the parking areas for which Landlord receives Lease Consideration from Lessee, or allow any offensive noise or odor to otherwise provide in-cab heating and/or cooling of tractor-trailers at the Travel Centers, during the term of this Agreement provided Lessee is not in or around the Premises to emanate outside breach of the Premisesterms of this Agreement and no default has occurred or is continuing. Subject The foregoing sentence shall apply to events beyond Landlord’s control “wired-based” solutions only, shall not in any way restrict Landlord‘s customers‘ use of self-contained equipment for the provision of Basic Services or for safety prohibit Landlord from offering, directly or health reasonsindirectly, Tenant and its employees wireless internet access at the Travel Centers.
(b) Other than the auxiliary services listed on Exhibit E, Section II. (the “Auxiliary Services”), Lessee shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with not offer or provide any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) goods or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (services other than the Premises) Basic Services without the prior written approval of Landlord, which approval Landlord may withhold in Landlord‘s sole discretion. In the event Lessee desires to offer other services Lessee shall provide a written request to Landlord containing a complete description of the proposed services to be offered and a proposal on the revenue sharing with respect to such services. Auxiliary Services, together with Basic Services, are sometimes collectively referred to herein as the “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAServices”.
Appears in 2 contracts
Sources: Lease and Installation Agreement (Idleaire Technologies Corp), Lease and Installation Agreement (Idleaire Technologies Corp)
Use of Premises. Tenant 4.1 Lessee shall use the Premises only premises for biomedical laboratory researchthe following purpose: , and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose whatsoever without LandlordLessor’s prior written consent which consent may consent.
4.2 Lessee will not be unreasonably withheldmake any unlawful, conditioned improper or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s offensive use of the Premisespremises. Lessee will not permit any objectionable noise or odor to escape or to be emitted from the premises. Lessee shall regularly occupy and use the premises for the purpose stated in paragraph 4.1 above and shall not abandon or vacate the premises for more than ten days without Lessor’s prior written consent.
4.3 Lessee will refrain from any use which would be reasonably offensive to other tenants or owners or users of neighboring premises or which would tend to create a nuisance or damage the reputation of the premises.
4.4 Lessee will not sell or permit to be sold any product, including any uses that substance or service upon or about the premises, except as Lessee may be deemed controversial. The reasonable costs licensed by law to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall sell and as may be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as expressly permitted above, Tenant shall herein.
4.5 Lessee will not allow any fire or other hazard to exist on the premises, or any condition which would make it impossible to insure the premises against casualty, or would increase the insurance rate. Lessee will not install any power machinery on the premises without Lessor’s written consent. Lessee will not store gasoline or other highly combustible materials on the premises at any time.
4.6 Lessee shall not cause or permit any Hazardous Substance to be spilled, leaked, disposed of, or otherwise released on or under the premises. Lessee may use or otherwise handle on the premises only those Hazardous Substances typically used or sold in the prudent and safe operation of the Premises which will negatively affect the cost of coverage of Landlord’s insurance business specified in Section 4.1. Lessee may store such Hazardous Substances on the Projectpremises only in quantities necessary to satisfy Lessee's reasonably anticipated needs. Tenant Lessee shall not allow any inflammable comply with all Environmental Laws and exercise the highest degree of care in the use, handling, and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled, or explosive liquids or materials to be kept stored on the Premises except as authorized and permitted under Section 27 premises. Upon the expiration or termination of this Lease, Lessee shall remove all Hazardous Substances from the premises. Except The term Environmental Law shall mean any federal, state, or local statute, regulation or ordinance or any judicial or other governmental order pertaining to the protection of health, safety or the environment. The term Hazardous Substance shall mean any hazardous, toxic, infectious or radioactive substance, waste, and material as permitted abovedefined or listed by any Environmental Law and shall include, Tenant without limitation, petroleum oil and its fractions. In addition to any indemnification required under paragraph 14.2 of this agreement, Lessee shall not allow any use pay all costs and expenses associated with cleanup or remediation of the Premises which would unreasonably interfere with release of any other tenant or with the operation of the Project by Landlord. Tenant Hazardous Substance, and shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasonsindemnify, Tenant defend and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with hold Lessor harmless from and against any and all applicable losses, liabilities, claims and expenses (including reasonable attorney fees through appeal and fees of environmental engineers, consultants or other experts) arising out of or in any way relating to any default by Lessee pursuant to this section. The provisions of this paragraph shall survive the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) expiration or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion earlier termination of the Project (other than lease.
4.7 If known or suspected asbestos containing building materials have been identified on the Premises) to be a “place of public accommodation” under the ADA or any other comparable law premises, Lessor shall inform Lessee as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such lawsby Environmental Law. Landlord agrees that Landlord’s Work in the Premises Lessee shall comply with the ADAall federal, state and local rules and regulations pertaining to asbestos containing building materials and shall cooperate with Lessor regarding same.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Use of Premises. Tenant The premises shall use the Premises only be used solely for biomedical laboratory researcha Warehouse for storage of non-hazardous goods ONLY, and general office and administrative services for no other use and for no other purpose. Except No hazardous liquids, hazardous materials, carcinogens, nor gases shall be permitted to be stored in the demised premises. No assembly, retail sales, showroom, nor any other uses whatsoever are permitted in the demised premises, except as specifically provided for in this Section 6, the set forth herein. Premises shall not be used for any illegal purposes nor in any manner to create any nuisance or trespass, nor in any manner to vitiate the insurance or increase the rate of insurance on premises, and subject to rights of other purpose without LandlordTenant’s prior written consent Leases. In the event that Tenant (or its agents, employees or invitees) engages in any conduct not authorized by this Lease, in addition to any other remedy at law or equity (including injunctive relief and/or termination of this Lease) Landlord shall be entitled to an additional sum of FIVE HUNDRED ($500.00) DOLLARS per day, as additional rent, for each and every day or portion thereof that Tenant is in violation of this Article after three business days notice to Tenant. Notwithstanding anything to the contrary set forth herein, Landlord acknowledges that some goods which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of stored at the Premises be used for a vivarium for animals larger than rodents. At either’s requestmay contain ingredients that are hazardous or carcinogens, Landlord and but Tenant shall cooperate be permitted to store such goods at the Premises provided such goods are stored in compliance with all applicable laws and assist each other in developing and implementing a communications plan for codes. Notwithstanding anything to the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted abovecontrary set forth herein, Tenant shall not allow any be permitted to use the designated office space within the premises (as depicted in the drawing of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Schedule A) for office use by Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere in connection with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, warehouse and distribution business and shall be permitted to use the premises for light assembly in connection with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s usewarehouse and distribution business, Tenant shall either modify its use including but not limited to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to “pick and pack” assembly. Notwithstanding the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Projectforegoing, Landlord shall be responsible for, is under no obligation to provide Tenant with an office space and may remove such office space at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAtime.
Appears in 2 contracts
Sources: Lease (CVD Equipment Corp), Lease (CVD Equipment Corp)
Use of Premises. (a) Tenant shall occupy and use the Premises only for biomedical laboratory researchthe uses specified in Section 1.1 to conduct Tenant’s business. Tenant shall not occupy or use the Premises (or permit the use or occupancy of the Premises) for any purpose or in any manner which: (1) is unlawful or in violation of any Law or Hazardous Materials Law; (2) may be dangerous to persons or property or which may increase the cost of, or invalidate, any policy of insurance carried on the Building or covering its operations; (3) is contrary to or prohibited by the terms and conditions of this Lease or the rules of the Building set forth in Article 18; (4) would tend to create or continue a nuisance; or (5) in any manner that will cause the Building or any part thereof not to conform with the Project’s Sustainability Practices or the certification of the Building’s core and shell issued pursuant to the applicable Green Building Standards.
(b) Landlord shall provide Tenant with access card keys the cost of which shall be paid by Tenant within thirty (30) days after Landlord’s demand therefor, and general office and administrative services and Tenant shall place a deposit for no other purpose. Except as specifically provided for in this Section 6, such cards with Landlord to cover lost cards or cards which are not returned at the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion end of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Term.
(c) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the “ADA”) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things:
(1) whether Tenant’s business is deemed a “public accommodation” or “commercial facility”, (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. The parties hereby agree that: (a) Landlord shall cooperate be responsible for ADA Title III compliance in the Common Areas, except as provided below, (b) Tenant shall be responsible for ADA Title III compliance in the Premises, including any Leasehold Improvements or other work to be performed in the Premises under or in connection with this Lease, (c) Landlord may perform, or require that Tenant perform, and assist each other in developing and implementing a communications plan Tenant shall be responsible for the Project cost of, ADA Title III “path of travel” requirements triggered by Tenant Additions in the Premises, and (d) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance in the Common Areas necessitated by the Building being deemed to be a “public accommodation” instead of a “commercial facility” as a result of Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow be solely responsible for requirements under Title I of the ADA relating to Tenant’s employees.
(d) Landlord and Tenant agree to cooperate and use commercially reasonable efforts to participate in traffic management programs generally applicable to businesses located in or about the area and Tenant shall encourage and support van, shuttle service, and carpooling by, and staggered and flexible working hours for, its office workers and service employees to the extent reasonably permitted by the requirements of Tenant’s business. Neither this Section or any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 other provision of this Lease. Except as permitted above, Tenant Lease is intended to or shall not allow create any use of the Premises which would unreasonably interfere with rights or benefits in any other tenant person, firm, company, governmental entity or the public.
(e) Tenant agrees to cooperate with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises Landlord and to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, comply with any and all guidelines or controls concerning energy management and usage disclosure imposed upon Landlord by federal or state governmental organizations or by any energy conservation association to which Landlord is a party or which is applicable provisions to the Building, including, without limitation, the requirements of California’s Nonresidential Building Energy Use Disclosure Program, as more particularly specified in California Public Resources Code Sections 25402.10 et seq. and regulations adopted pursuant thereto. Further, Tenant hereby authorizes (and agrees that Landlord shall have the authority to authorize) any electric or gas utility company providing service to the Building to disclose from time to time so much of the April 29data collected and maintained by it regarding Tenant’s energy consumption data as may be necessary to cause the Building to participate in the ENERGY STAR® Portfolio Manager system and similar programs; and Tenant further authorizes Landlord to disclose information concerning energy use by Tenant, 2002 Transportation Management Planeither individually or in combination with the energy use of other tenants, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises as applicable as Landlord determines to be a “place of public accommodation” under the Americans necessary to comply with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made applicable Laws pertaining to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAownership thereof.
Appears in 2 contracts
Sources: Office/Laboratory Lease (Kyverna Therapeutics, Inc.), Office/Laboratory Lease (Kyverna Therapeutics, Inc.)
Use of Premises. (a) Tenant shall occupy and use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for the uses specified in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and 1.1 to conduct Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectbusiness. Tenant shall not allow any inflammable occupy or explosive liquids or materials to be kept on use the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any (or permit the use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside occupancy of the Premises. Subject ) for any purpose or in any manner which: (1) is unlawful or in violation of any Law or Hazardous Materials Law; (2) may be dangerous to events beyond Landlordpersons or property or which may increase the cost of, or invalidate, any policy of insurance carried on the Building or covering its operations; (3) is contrary to or prohibited by the terms and conditions of this Lease or the rules of the Building set forth in Article 18; (4) would tend to create or continue a nuisance; or (5) in any manner that will cause the Building or any part thereof not to conform with the Project’s control Sustainability Practices or for safety or health reasons, the certification of the Building’s core and shell issued pursuant to the applicable Green Building Standards.
(b) Landlord shall provide Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. per week and 365/366 days per year through access card keys, the cost of which shall be paid by Tenant within thirty (30) days of Landlord’s demand therefor, and Tenant shall complyplace a deposit for such cards with Landlord to cover lost cards or cards which are not returned at the end of the Term.
(c) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder, at as all of the same may be amended and supplemented from time to time (collectively referred to herein as the “ADA”) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things: (1) whether Tenant’s costbusiness is deemed a “public accommodation” or “commercial facility”, with (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. The parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance in the Common Areas (including the restrooms), except as provided below, (b) Tenant shall be responsible for ADA Title III compliance in the Premises, including any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied Leasehold Improvements or other work to Tenant. If any governmental authority shall deem be performed in the Premises under or in connection with this Lease, (c) Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “path of travel” requirements triggered by Tenant Additions in the Premises (but Tenant shall not be responsible for the cost of “path of travel” requirements in the Common Areas), and (d) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance in the Common Areas necessitated by the Building being deemed to be a “place of public accommodation” under the Americans with Disabilities Act (instead of a “ADA”) or any other comparable law commercial facility” as a result of Tenant’s useuse of the Premises. Tenant shall be solely responsible for requirements under Title I of the ADA relating to Tenant’s employees.
(d) Landlord and Tenant agree to cooperate and use commercially reasonable efforts to participate in traffic management programs generally applicable to businesses located in or about the area and Tenant shall encourage and support van, shuttle service, and carpooling by, and staggered and flexible working hours for, its office workers and service employees to the extent reasonably permitted by the requirements of Tenant’s business. Neither this Section or any other provision of this Lease is intended to or shall create any rights or benefits in any other person, firm, company, governmental entity or the public.
(e) Tenant agrees to cooperate with Landlord and to comply with any and all guidelines or controls concerning energy management and usage disclosure imposed upon Landlord by federal or state governmental organizations or by any energy conservation association to which Landlord is a party or which is applicable to the Building, including, without limitation, the requirements of California’s Nonresidential Building Energy Use Disclosure Program, as more particularly specified in California Public Resources Code Sections 25402.10 et seq. and regulations adopted pursuant thereto. Further, Tenant hereby authorizes (and agrees that Landlord shall either modify its use have the authority to authorize) any electric or gas utility company providing service to the Building to disclose from time to time so much of the data collected and maintained by it regarding Tenant’s energy consumption data as may be necessary to cause such authority the Building to rescind its designation participate in the ENERGY STAR® Portfolio Manager system and similar programs; and Tenant further authorizes Landlord to disclose information concerning energy use by Tenant, either individually or be responsible for any alterationsin combination with the energy use of other tenants, structural or otherwise, required as applicable as Landlord determines to be made necessary to comply with applicable Laws pertaining to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAownership thereof.
Appears in 2 contracts
Sources: Office/Laboratory Lease (OmniAb, Inc.), Office/Laboratory Lease (Avista Public Acquisition Corp. II)
Use of Premises. Tenant The Premises shall use be occupied and used exclusively for residential purposes and exclusively by the Premises only for biomedical laboratory research, and general office and administrative services and for no other purposeundersigned Lessees. Except as specifically provided for in this Section 6, the The Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may or by any persons not a party to this Rental Agreement. While ▇▇▇▇▇▇ is in compliance with all the terms and conditions of this Rental Agreement, Lessee shall be unreasonably withheldentitled to the quiet use and enjoyment of the Premises, conditioned or delayed by Landlord; provided, however, that in no event Lessee shall any portion of not interfere with the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord quiet use and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use enjoyment of the Premises, including or any uses that may be deemed controversialpart thereof, by other Lessees. The reasonable costs to develop or implement a communications plan Lessee shall, in particular, comply with respect to a Tenant the following:
(a) Lessee shall observe all regulations of any insurance underwriters concerning the use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use condition of the Premises which will negatively affect regarding the cost reduction of coverage of Landlord’s insurance on the Projectfire hazards and other insurable risks. Tenant Lessee shall not allow any inflammable store, keep or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises any flammable liquid, explosive or like substance of any kind. In addition, Lessee shall not, under any circumstances, store anything within FOUR (4) FEET of the furnace or water heater within the Premises. If there is a fireplace in the Premises, Lessee shall not use the fireplace, if any, and shall not install a fire pit on the premises. No pools over 30 inches in height or trampolines may be set up at the Premises. No live Christmas trees may be set up on the Premises.
(b) Lessee may not go on to emanate the roof for any purpose. A single violation of this provision may be deemed a serious violation and a material noncompliance with the Rental Agreement and substantiate good and justifiable cause for termination of tenancy. CRMC notes that the City of East Lansing is considering an ordinance that would make use of a roof a criminal violation.
(c) Grills must be stored at least 10 feet away from the Structure. They may not be stored inside the Premises, on the porch or deck.
(d) Vaping is prohibited. Vaping damages smoke detectors and can set off alarm systems. Lessees shall be responsible for all costs arising from vaping on the Premises.
(e) No extension cords may be used on the Premises. Surge protectors may be used.
(f) No musical instruments, radios, televisions, stereos, CD players or other electronic or audio equipment shall be operated in a manner that is disturbing or annoying to other Lessees, nor shall any disturbing noises be made at any time. No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by ▇▇▇▇▇▇ on the outside of the building.
(g) The entrances, corridors, passages, stairways and elevators shall not be obstructed or used by the Lessee for any purpose other than ingress or egress to and from the Premises. Lessee shall not park or store any property, including, bicycles, mopeds, sleds, or other like equipment in front of the Premises or in passageways. Personal property shall be parked and stored only in designated areas.
(h) Lessee shall make no alterations, including but not limited to locks, bolts or latches, decorations, additions or improvements in or to the Premises without the prior written consent of CRMC. All alterations, additions or improvements upon the Premises, made by either party, shall, in CRMC's sole discretion, become the property of CRMC. ▇▇▇▇▇▇ agrees that they will not put spikes, screw-in hooks, large nails, plastic or metal anchors, or other large fasteners into or affixed to any wall or woodwork without the prior written consent of CRMC, and agree that, by reason of their agreement, such action is NOT normal wear and tear. CRMC recommends the use of removable fasteners, which do not make holes in or mar the walls or woodwork. No alterations may be made to the electrical system unless a permit has been issued by the appropriate governmental agency and CRMC has provided prior written consent to the change.
(i) Waterbeds or extremely heavy articles shall not be placed in the Premises without the prior written consent of CRMC.
(j) Lessee shall properly operate the garbage disposal, allowing cold water to run for at least two (2) minutes to flush shredded waste material. Lessee shall not permit foreign objects, including, shot glasses, bottle caps, spoons, forks, sponges, cigarette butts, etc. in the garbage disposal.
(k) ▇▇▇▇▇▇ agrees not to engage personally or permit any unlawful activities on the Premises. Lessee, any member of ▇▇▇▇▇▇'s household or guest or other person under ▇▇▇▇▇▇'s control shall not engage in any act intended to facilitate criminal activities and acts of violence, including, but not limited to, the unlawful discharge of firearms on or off the Premises, acts of violence that damage or destroy the dwelling unit or disturb or injure other residents or others in the unit, common areas or on the grounds.
(l) Lessee shall not violate the laws of any state, city, municipality or other governmental unit regarding the use of controlled substances or the use of alcohol by minors. Lessee shall not knowingly permit any member of ▇▇▇▇▇▇'s household, or a guest or other person under ▇▇▇▇▇▇'s control to engage in drug related criminal activity, in the unit, in the common areas, or on the grounds of the Premises. Subject "Drug- related criminal activity" means the illegal manufacture, sale, distribution, use, or possession, with intent to events beyond Landlord’s control manufacture, sell, distribute or use, of a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802).
(m) Lessee shall maintain the Premises in a clean and habitable condition. No food, drink, dirt, boxes, bags, dirty clothing, bottles, cans, or refuse of any sort shall be permitted to accumulate on the Premises. If Lessee fails to maintain the Premises in a clean manner, CRMC may, at its option, clean the Premises and assess the charge for safety such cleaning to Lessees as additional rent, which shall be immediately due and payable, or health reasonsproceed with an eviction pursuant to paragraphs 32(k) and 31.
(n) Lessee shall leave the heat set to a minimum of 60° during the months of October through March, Tenant and its employees shall have access at any time that the outside temperature is less than 32° Fahrenheit (0° Celsius), including, but not limited to during any vacation or break time. Failure to comply with this provision may result in damage to pipes in the Premises, damage to personal property and damage to the Premises 24 hours per day, 7 days a weekbuilding. Tenant shall comply, at Tenant’s cost, with Lessee is responsible for any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law damages occurring as a result of Tenant’s useviolation of this provision, Tenant shall either modify its use including, but not limited to cause such authority increased utility expenses, damage to rescind its designation or be responsible for real and personal property, lost rent, alternate housing costs, and any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion and all consequential damages.
(o) A single violation of the Project (other than above provisions may be deemed a serious violation and a material noncompliance with the Premises) to Rental Agreement and substantiate good and justifiable cause for termination of tenancy. Unless otherwise provided by law, proof of violation shall be by a “place of public accommodation” under the ADA or any other comparable law as a result preponderance of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAevidence.
Appears in 2 contracts
Sources: Rental Agreement, Rental Agreement
Use of Premises. 4.1 The Premises shall be used and occupied only for the purposes described in Paragraph 1(h) above and for other uses permitted within the light industrial zoning district within which the Premises is located, unless prohibited by the Declaration, and provided Tenant's use otherwise complies with all applicable governmental requirements. Tenant shall not use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose purposes without Landlord’s 's prior written consent consent, which consent may not be unreasonably withheldwithheld in Landlord's sole discretion. Without limiting the foregoing, conditioned or delayed by Landlord; provided, however, it is acknowledged that in no event shall any Tenant may elect to use a portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord an employee cafeteria and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; kitchen facilities provided that any all construction of such costs shall be reasonably allocated between Tenant and any other tenant whose use facilities is addressed by performed in accordance with the communications plan. Except as permitted above, provisions of Section 9.5 hereof.
4.2 Tenant shall not allow do or permit to be done in or about the Premises anything which is illegal or unlawful; or which will cause cancellation of any insurance on the building of which the Premises are a part. Tenant shall not obstruct or interfere with the rights of any other tenants and occupants of the Center or their invitees, nor injure them, nor operate the Premises in a manner which unreasonably disturbs other tenants in the use of their premises in the Center. Tenant shall not cause, maintain or permit any nuisance on or about the Premises. Tenant shall not use nor permit the use of the Premises which will negatively affect or any part thereof as living quarters.
4.3 Tenant acknowledges that although Landlord has permitted Tenant the cost use of coverage Premises for the purpose described in this Article, neither Landlord nor any agent of Landlord’s insurance on Landlord has made any representation or warranty to Tenant with respect to the Projectsuitability of the present zoning of the Building for such use. Tenant assumes all responsibility for investigating the suitability of the zoning for its use and for compliance with all other laws and regulations governing such use.
4.4 Tenant shall not allow any inflammable or explosive liquids or materials to be kept on have use of, and access to, the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 twenty four (24) hours per day, 7 three hundred sixty five (365) days a week. per year, subject to the provisions of this Lease and ordinances and regulations of applicable governmental agencies.
4.5 Tenant shall complyagrees that, at Tenant’s costits own cost and expense, it will comply with and conform to all Legal Requirements (as defined in Section 4.7(d) below) in any and all applicable provisions way relating to the use or occupancy of the April 29Premises throughout the entire term of this Lease; including the Livermore Fire Code requiring all tenants to obtain fire extinguishers for the Premises and maintain them so that they are fully charged and operational at all times and inspected annually. Further, 2002 Transportation Management Plan, a copy of which has been supplied subject to Tenant. If any governmental authority shall deem Landlord's obligation to deliver the Premises to Tenant in the Delivery Condition, Tenant shall thereafter be a “place of public accommodation” under obligated at its own cost and expense to take such action and perform such work (including structural alterations) to the Premises, as required to comply with the Americans with Disabilities Act (“"ADA”") and other applicable handicapped access codes. Further, if, and to the extent, due to Tenant's use of, or alterations to, or work performed by Tenant in the Premises, changes, alterations or improvements to Building 3, Parcel 3 or other portions of the Center are required by any other comparable law as a result of Tenant’s usegovernmental agency, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for the costs of such changes, alterations and improvements. Notwithstanding the foregoing, nothing contained herein shall limit or affect any alterationsrepresentations, structural warranties or otherwise, required covenants of Landlord or any of Landlord's contractors with respect to be made any work performed pursuant to Article 8 or Exhibit C. Except to the Building or the Premises under such laws. If any governmental authority shall deem any portion extent of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the ProjectTenant's compliance obligations set forth above, Landlord shall be responsible forobligated to comply with all Legal Requirements, at its costincluding, any alterationswithout limitation, structural or otherwisethe ADA and other applicable handicapped access codes, required with respect to be made all portions of Parcel 3 outside of Building 3, subject to reimbursement as specifically set forth in this Lease and further subject to the terms of the Declaration.
4.6 Tenant shall place no loads upon the floors, walls, ceilings or roof of the Building (other than in excess of the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAmaximum design load of Building 3.
Appears in 2 contracts
Sources: Lease Agreement (Formfactor Inc), Lease Agreement (Formfactor Inc)
Use of Premises. The Premises are leased to Tenant shall for the use the Premises only for biomedical laboratory research, and general office and administrative services set forth in Paragraph 1(1) hereof and for no other purposepurpose whatsoever. Except as specifically provided for in this Section 6, Tenant agrees that it will use the Premises shall in such manner as not to injure, annoy, interfere with or infringe on the rights of other tenants or use or allow the Premises to be used for any other improper, immoral or unlawful purpose without or to permit unpleasant odors to be emitted therefrom. Tenant agrees to comply with all applicable laws, ordinances and regulations and comply with all requirements of Landlord’s prior written consent insurance policies and the American Insurance Association now or hereafter in force in connection with its use of the Premises. Tenant shall not commit or suffer the commission of any waste, overload any floor of the Premises beyond the load limit established by Landlord or permit any explosives to enter the Development. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything therein which consent may will in any way increase the fire insurance premium upon the Building. Tenant shall not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall use any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use preparation, sale or consumption of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed food by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectpublic. Tenant shall not allow have the right to contest, without cost to Landlord, the validity or application of any inflammable such governmental law, ordinance or explosive liquids or materials regulation required to be kept on the Premises except as authorized complied with by Tenant pursuant to this Paragraph 10 and permitted under Section 27 of this Lease. Except as permitted abovemay postpone compliance therewith, provided such contest does not subject Landlord to criminal prosecution for noncompliance therewith and, further, provided, that Tenant shall not allow any use of the Premises which would unreasonably interfere with any promptly pays all fines, penalties and other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste costs and interest thereon imposed upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law Landlord as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAnoncompliance.
Appears in 2 contracts
Sources: Lease (Rocket Companies, Inc.), Lease (Rocket Companies, Inc.)
Use of Premises. (a) The Premises are leased to Tenant shall for the use the Premises only for biomedical laboratory research, and general office and administrative services set forth in Section 1(m) hereof and for no other purposepurpose whatsoever. Except as specifically provided for in this Section 6, Tenant agrees that it will use the Premises shall in such manner as not to injure, annoy, interfere with or infringe on the rights of other tenants or use or allow the Premises to be used for any other improper, immoral or unlawful purpose without or to permit unpleasant odors to be emitted therefrom. Tenant agrees to comply with Laws and comply with all requirements of Landlord’s prior written consent insurance policies applicable to Tenant’s particular use of the Premises (to the extent Tenant is notified in writing of such requirements and such policy allows for use of the Premises for Tenant’s Use) now or hereafter in force. Without limiting the foregoing, if any Law shall require alterations or modifications of the Premises (a “Code Modification”), such Code Modification shall be the sole and exclusive responsibility of Tenant, except the following, which consent shall be Landlord’s responsibility (the cost of which may be included in Expenses unless otherwise prohibited by the terms of this Lease): (i) requirements of structural or building system changes not related to or affected by improvements made by or for Tenant or not necessitated by Tenant’s act, and (ii) upgrades, retrofits, or improvements to the Premises, such as fire, life safety, accessibility (ADA) or seismic upgrades mandated by any Laws, unless necessitated by (1) Tenant’s particular and unique use of the Premises (rather than general office use) or (2) any Alteration made to the Premises by or on behalf of Tenant.
(b) Tenant shall not commit or suffer the commission of any waste, overload any floor of the Premises beyond the load limit reasonably established by Landlord or permit any explosives to enter the Building. Tenant shall not do or permit anything to be unreasonably withheld, conditioned done on or delayed by Landlord; provided, however, that about the Premises or bring or keep anything therein which will in no event any way increase the fire insurance premium upon the Building. Tenant shall not use any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use preparation, sale (not including vending machines) or consumption of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed food by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectpublic. Tenant shall not allow have the right to contest, without cost to Landlord, the validity or application of any inflammable or explosive liquids or materials Law required to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere complied with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access may postpone compliance therewith, provided such contest does not subject Landlord to the Premises 24 hours per daycriminal prosecution for noncompliance therewith and, 7 days a week. further, provided, that Tenant shall complypromptly pays all fines, at Tenant’s cost, with any penalties and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law costs and interest thereon imposed upon Landlord as a result of Tenant’s usesuch noncompliance.
(c) During the Term of this Lease, Tenant Landlord shall either modify not execute a lease (or affirmatively grant its consent to a sublease or assignment of a lease) which grants a tenant or occupant the right to use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem portion any portion of the Project (other than the Premises) Building to be used or occupied for a “place of use which would be inconsistent with maintaining a highly respected public accommodation” under image for the ADA or Building, including, without limitation, any other comparable law as a result of the uses permitted “Prohibited Uses,” described on Exhibit “I” hereto. Notwithstanding the foregoing, the above provision shall not apply to a current occupant or tenant of the Building who is operating under applicable laws and its current use clause or trade name as of the Master Use Permit or other land use permits for the Projectdate of this Lease, provided, however, Landlord shall be responsible fornot grant, at its cost, consent or amend any alterations, structural existing lease or otherwise, required occupancy agreement in a manner which causes such lease or occupancy agreement to be made inconsistent with the terms of this Section. Tenant agrees not to use, or permit to be used any portion of, the Premises for any of the “Prohibited Uses” or “Exclusive Uses” described on Exhibit “I” hereto.
(d) During the Term of this Lease, without the prior written consent of Tenant, which may be withheld in Tenant’s sole and absolute discretion, Landlord (i) shall not execute a lease (or affirmatively grant its consent to a sublease or assignment of a lease) which grants a tenant or occupant the right to use any portion of the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work to any of the following entities, and (ii) shall not itself display in the Premises Common Areas materials from, or execute an agreement which grants the right to displays in the Common Areas by the following entities (each an “Excluded User”) or displaying the following messages: residential mortgage lender or residential mortgage broker, real estate broker or title insurance company other than Title Source, Inc.; National Basketball Association team other than the Cleveland Cavaliers; casino other than Horseshoe Cleveland, Horseshoe Cincinnati, Horseshoe Baltimore, Greektown Detroit, ThistleDown Racino or Turfway Park; graphic company other than Fathead; ticketing company other than Veritix; Alarm Company other than Protect America; online educational institutions (other than Northcentral University) such as University of Phoenix and ▇▇▇▇▇▇; luxury lifestyle magazines other than the ▇▇▇▇ Report; tourism advertisements for cities other than Detroit or Cleveland, states other than Michigan or Ohio or countries other than the United States or advertisements portraying any of the foregoing in a negative manner; political messages of any kind; anything of an indecent or pornographic nature; or Minnesota-based law firms representing plaintiffs. Notwithstanding the foregoing, the above provision shall comply not apply to a current occupant or tenant of the Building who is operating under its current use clause or trade name as of the date of this Lease, provided, however, Landlord shall not grant, consent or amend any existing lease or occupancy agreement in a manner which causes such lease or occupancy agreement to be inconsistent with the ADAterms of this Section.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Use of Premises. The Premises may be used by Tenant shall use the Premises only for biomedical laboratory research, and general office (including, without limitation, the operation of a “headquarters” office), biotechnology laboratory (including, without limitation, use of and administrative services research with respect to live biological agents and human biological samples), research and development purposes, production, ancillary warehousing, ancillary distribution (shipping and receiving) as well as ancillary office and storage uses and for no other purpose, subject to reasonable rules and regulations which may be promulgated by Landlord from time to time in accordance with the terms of this Lease. Except as specifically provided for Tenant shall not, without the prior consent of Landlord, use any apparatus, machinery, device or equipment in this Section 6, or about the Premises shall not which will cause any unreasonable noise or vibration given the nature of the property or any increase in the normal consumption level of electric power beyond the level of capacity required to be used for any other purpose without provided pursuant to Landlord’s Work. No food or beverage dispensing machines (except those solely servicing Tenant’s on-Premises employees) shall be installed by Tenant in the Premises without the prior written consent of Landlord (which consent may shall not be unreasonably withheld, conditioned or delayed by Landlord; provideddelayed). Except as provided below, however, that in no event shall Tenant (i) permit the storage of any portion materials, equipment or other personal property outside of the Premises Building or (ii) permit any motor vehicle to be used parked outside of the Building overnight. Notwithstanding the foregoing, Tenant shall have the exclusive use (without payment of any additional rent with respect to the same) of the area designated as “Exterior Infrastructure” by Tenant in a notice to Landlord (which area Tenant may designate to be of a size up to the maximum allowed by the City, subject to Tenant obtaining applicable approvals as more particularly set forth below) for the purposes of installing a vivarium for animals larger than rodents. At either’s requestback-up generator, Landlord placing nitrogen tanks, placing Hazardous Materials containment equipment (provided that the same are utilized in accordance with the terms of Article 11 and all applicable Laws and Environmental Requirements) and other outdoor storage purposes, all as shown on the approved Plans (defined below), provided that the same shall be subject to approval by the City and any other governmental authority having jurisdiction and Tenant shall be solely responsible for compliance with all applicable laws and regulations relating to the same, including compliance with any applicable covenants and installation of any screening materials required by the City (Landlord shall reasonably cooperate with Tenant in connection with any such requirements at no material out-of-pocket cost to Landlord). Tenant may also install satellite dishes and assist each other in developing and implementing a communications plan for similar equipment on the Project and Tenant’s use roof of the PremisesBuilding, including any uses provided that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial the same shall be paid subject to approval by Tenant; provided that any such costs shall be reasonably allocated between Tenant the City and any other tenant whose use is addressed governmental authority having jurisdiction and Tenant shall be solely responsible for compliance with all applicable laws and regulations relating to the same, including compliance with any applicable covenants and installation of any screening materials required by the communications planCity (Landlord shall reasonably cooperate with Tenant in connection with any such requirements at no material out-of-pocket cost to Landlord). Except Landlord represents and warrants that, as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost date of coverage of Landlord’s insurance this Lease, that Landlord is not aware (based solely on the Projecttitle policy Landlord obtained at the time of its acquisition of the Building) of any such covenants which would affect Tenant’s rights under this Lease or increase Tenant’s obligations under this Lease other than (i) ordinances and annexation documents and agreements, (ii) zoning codes or other public records of general applicability, (iii) that certain Planned Community Zone District Agreement dated September 21, 2004 (recorded March 5, 2010 as document number 03062045 in the electronic records of Boulder County, Colorado) as amended and restated by Agreement dated January 24, 2018 (recorded January 24, 2018 as document number 03637629 in the electronic records of Boulder County, Colorado), (iv) that certain Owners General Development Plan Agreement dated April 28, 2011 (recorded July 20, 2011 as document number 03160057 in the electronic records of Boulder County, Colorado) as amended by that certain 1st Amendment dated October 17, 2017 (recorded January 24, 2018 as document number 03637627 in the electronic records of Boulder County, Colorado) and (v) that certain Easements, Covenants and Restrictions Agreement (St. ▇▇▇▇▇ ▇▇▇▇▇▇ and Boulder Innovation Campus, Louisville, Colorado) dated August 26, 2021 (recorded August 30, 2021 as document number 03910439 in the electronic records of Boulder County, Colorado). Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a per week, 52 weeks per year to the Premises, the Building and the parking facilities. Tenant shall complybe permitted to ensure that all such access (whether during business hours or after hours access) is via card key, at Tenant’s costprovided, with however, that any and all applicable provisions card key access system would be provided by Tenant (whether as part of the April 29Tenant Improvements or subsequent Work performed by Tenant (in accordance with the terms of Article 4 or 22, 2002 Transportation Management Planas applicable), a copy of which has been supplied to Tenant. If any governmental authority and such card key access system shall deem the Premises to not be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion provided by Landlord as part of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAWork.
Appears in 2 contracts
Sources: Lease Agreement (SomaLogic, Inc.), Lease Agreement (SomaLogic, Inc.)
Use of Premises. (a) Tenant shall occupy and use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purposethe uses specified in Section 1.1(11)) to conduct Tenant’s business. Except as specifically provided for in this Section 6, Tenant shall not occupy or use the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned (or delayed by Landlord; provided, however, that in no event shall any portion of permit the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use or occupancy of the Premises) for any purpose or in any manner which: (I) is unlawful or in violation of any Law or Hazardous Materials Law; (2) is prohibited by the terms and conditions of this Lease or the rules of the Building set forth in Article 18 hereof; (3) would create or continue a nuisance; or (4) in any manner that will cause the Building or any part thereof not to conform with the Project’s Sustainability Practices or the certification of the Building’s core and shell issued pursuant to the applicable Green Building Standards.
(b) If Tenant requests, including any uses that may be deemed controversial. The reasonable costs Landlord shall provide Tenant with up to develop or implement a communications plan with respect twelve (12) additional access card keys (in addition to a those possessed by Tenant use that is deemed controversial as of the date of this Lease) the cost of which shall be paid by Tenant; Tenant within ten (JO) days after Landlord’s demand therefor, and Tenant shall place a deposit for such cards with Landlord to cover lost cards or cards which are not returned at the end of the Term (provided that Landlord shall return any such costs deposit to Tenant less any amounts due for unreturned access cards). Landlord shall be reasonably allocated between provide Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises and parking areas 24 hours per day, 7 days per week and 365/366 days per year through such access card keys.
(c) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the “ADA”) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things: (I) whether Tenant’s business is deemed a week“public accommodation” or “commercial facility”, (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. The parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance in the Common Areas, (b) Tenant shall be responsible for ADA Title III compliance in the Premises, including any Leasehold Improvements or other work to be performed in the Premises under or in connection with this Lease, and (c) Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “path of travel” requirements triggered by Tenant Additions in the Premises. Tenant shall complybe solely responsible for requirements under Title I of the ADA relating to Tenant’s employees.
(d) Landlord and Tenant agree to cooperate and use commercially reasonable efforts, at Tenant’s costno cost or expense to Tenant (other than through inclusion in Operating Expenses), to participate in traffic management programs generally applicable to businesses located in the City of Berkeley and Tenant shall encourage and support van, shuttle service, and carpooling by, and staggered and flexible working hours for, its office workers and service employees to the extent determined by Tenant in its sole discretion. Neither this Section or any other provision of this Lease is intended to or shall create any rights or benefits in any other person, firm, company, governmental entity or the public.
(e) Tenant agrees to reasonably cooperate with Landlord and lo comply at no material cost to Tenant with any and all guidelines or controls concerning energy management and usage disclosure imposed upon Landlord by federal or state governmental organizations or by any energy conservation association to which Landlord is a party or which is applicable provisions to the Building, including, without limitation, the requirements of California’s Nonresidential Building Energy Use Disclosure Program, as more particularly specified in California Public Resources Code Sections 25402.10 et seq. and regulations adopted pursuant thereto. Further, Tenant hereby authorizes (and agrees that Landlord shall have the authority to authorize) any electric or gas utility company providing service to the Building to disclose from time to time so much of the April 29data collected and maintained by it regarding Tenant’s energy consumption data as may be necessary to cause the Building to participate in the ENERGY STAR® Portfolio Manager system and similar programs; and Tenant further authorizes Landlord to disclose information concerning energy use by Tenant, 2002 Transportation Management Planeither individually or in combination with the energy use of other tenants, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises as applicable as Landlord determines to be a “place of public accommodation” under the Americans necessary to comply with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made applicable Laws pertaining to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAownership thereof.
Appears in 2 contracts
Sources: Office/Laboratory Lease (Caribou Biosciences, Inc.), Office/Laboratory Lease (Caribou Biosciences, Inc.)
Use of Premises. 4.1 The Premises shall be used and occupied only for the purposes described in Paragraph 1(g) above and for other uses permitted within the light industrial zoning district within which the Premises is located, unless prohibited by the Declaration, and provided Tenant's use otherwise complies with all applicable governmental requirements. Tenant shall not use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose purposes without Landlord’s 's prior written consent consent, which consent may not be unreasonably withheldwithheld in Landlord's sole discretion. Without limiting the foregoing, conditioned or delayed by Landlord; provided, however, it is acknowledged that in no event shall any Tenant may elect to use a portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord an employee cafeteria and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; kitchen facilities provided that any all construction of such costs shall be reasonably allocated between Tenant and any other tenant whose use facilities is addressed by performed in accordance with the communications plan. Except as permitted above, provisions of Section 9.5 hereof.
4.2 Tenant shall not allow do or permit to be done in or about the Premises anything which is illegal or unlawful; or which will cause cancellation of any insurance on the building of which the Premises are a part. Tenant shall not obstruct or interfere with the rights of any other tenants and occupants of the Center or their invitees, nor injure them, nor operate the Premises in a manner which unreasonably disturbs other tenants in the use of their premises in the Center. Tenant shall not cause, maintain or permit any nuisance on or about the Premises. Tenant shall not use nor permit the use of the Premises which will negatively affect or any part thereof as living quarters.
4.3 Tenant acknowledges that although Landlord has permitted Tenant the cost use of coverage Premises for the purpose described in this Article, neither Landlord nor any agent of Landlord’s insurance on Landlord has made any representation or warranty to Tenant with respect to the Projectsuitability of the present zoning of the Building for such use. Tenant assumes all responsibility for investigating the suitability of the zoning for its use and for compliance with all other laws and regulations governing such use.
4.4 Tenant shall not allow any inflammable or explosive liquids or materials to be kept on have use of, and access to, the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 twenty four (24) hours per day, 7 three hundred sixty five (365) days a week. per year, subject to the provisions of this Lease and ordinances and regulations of applicable governmental agencies.
4.5 Tenant shall complyagrees that, at Tenant’s costits own cost and expense, it will comply with and conform to all Legal Requirements (as defined in Section 4.7(d) below) in any and all applicable provisions way relating to the use or occupancy of the April 29Premises throughout the entire term of this Lease; including the Livermore Fire Code requiring all tenants to obtain fire extinguishers for the Premises and maintain them so that they are fully charged and operational at all times and inspected annually. Further, 2002 Transportation Management Plan, a copy of which has been supplied subject to Tenant. If any governmental authority shall deem Landlord's obligation to deliver the Premises to Tenant in the Delivery Condition, Tenant shall thereafter be a “place of public accommodation” under obligated at its own cost and expense to take such action and perform such work (including structural alterations) to the Premises, as required to comply with the Americans with Disabilities Act (“"ADA”") and other applicable handicapped access codes. Further, if, and to the extent, due to Tenant's use of, or alterations to, or work performed by Tenant in the Premises, changes, alterations or improvements to Building 1, Parcel 1 or other portions of the Center are required by any other comparable law as a result of Tenant’s usegovernmental agency, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for the costs of such changes, alterations and improvements. Notwithstanding the foregoing, nothing contained herein shall limit or affect any alterationsrepresentations, structural warranties or otherwise, required covenants of Landlord or any of Landlord's contractors with respect to be made any work performed pursuant to Article 8 or Exhibit C. Except to the Building or the Premises under such laws. If any governmental authority shall deem any portion extent of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the ProjectTenant's compliance obligations set forth above, Landlord shall be responsible forobligated to comply with all Legal Requirements, at its costincluding, any alterationswithout limitation, structural or otherwisethe ADA and other applicable handicapped access codes, required with respect to be made all portions of Parcel 1 outside of Building 1, subject to reimbursement as specifically set forth in this Lease and further subject to the terms of the Declaration.
4.6 Tenant shall place no loads upon the floors, walls, ceilings or roof of the Building (other than in excess of the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAmaximum design load of Building 1.
Appears in 2 contracts
Sources: Lease Agreement (Formfactor Inc), Lease Agreement (Formfactor Inc)
Use of Premises. (a) The Premises are leased to Tenant shall for the use the Premises only for biomedical laboratory research, and general office and administrative services set forth in Section 1(m) hereof and for no other purposepurpose whatsoever. Except as specifically provided for in this Section 6, ▇▇▇▇▇▇ agrees that it will use the Premises shall in such manner as not to injure, annoy, interfere with or infringe on the rights of other tenants or use or allow the Premises to be used for any other improper, immoral or unlawful purpose without or to permit unpleasant odors to be emitted therefrom. ▇▇▇▇▇▇ agrees to comply with Laws and comply with all requirements of Landlord’s prior written consent insurance policies applicable to Tenant’s particular use of the Premises (to the extent Tenant is notified in writing of such requirements and such policy allows for use of the Premises for Tenant’s Use) now or hereafter in force. Without limiting the foregoing, if any Law shall require alterations or modifications of the Premises (a “Code Modification”), such Code Modification shall be the sole and exclusive responsibility of Tenant, except the following, which consent shall be Landlord’s responsibility (the cost of which may be included in Expenses unless otherwise prohibited by the terms of this Lease): (i) requirements of structural or building system changes not related to or affected by improvements made by or for Tenant or not necessitated by Tenant’s act, and (ii) upgrades, retrofits, or improvements to the Premises, such as fire, life safety, accessibility (ADA) or seismic upgrades mandated by any Laws, unless necessitated by (1) Tenant’s particular and unique use of the Premises (rather than general office use) or (2) any Alteration made to the Premises by or on behalf of Tenant.
(b) Tenant shall not commit or suffer the commission of any waste, overload any floor of the Premises beyond the load limit reasonably established by Landlord or permit any explosives to enter the Development. Tenant shall not do or permit anything to be unreasonably withheld, conditioned done on or delayed by Landlord; provided, however, that about the Premises or bring or keep anything therein which will in no event any way increase the fire insurance premium upon the Development. Tenant shall not use any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use preparation, sale (not including vending machines) or consumption of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed food by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectpublic. Tenant shall not allow have the right to contest, without cost to Landlord, the validity or application of any inflammable or explosive liquids or materials Law required to be kept on the Premises except as authorized complied with by ▇▇▇▇▇▇ and permitted under Section 27 of this Lease. Except as permitted abovemay postpone compliance therewith, provided such contest does not subject Landlord to criminal prosecution for noncompliance therewith and, further, provided, that Tenant shall not allow any use of the Premises which would unreasonably interfere with any promptly pays all fines, penalties and other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste costs and interest thereon imposed upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law Landlord as a result of Tenant’s usesuch noncompliance.
(c) During the term of this Lease, Tenant Landlord shall either modify not execute a lease (or affirmatively grant its consent to a sublease or assignment of a lease) which grants a tenant or occupant the right to use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem portion any portion of the Project (other than the Premises) Development to be used or occupied for a “place of use which would be inconsistent with maintaining a highly respected public accommodation” under image for the ADA or Building, including, without limitation, any other comparable law as a result of the uses permitted “Prohibited Uses,” described on Exhibit “I” hereto. Notwithstanding the foregoing, except for Caidan (for which the foregoing provision shall apply), the above provision shall not apply to a current occupant or tenant of the Development who is operating under applicable laws and its current use clause or trade name as of the Master Use Permit or other land use permits for the Projectdate of this Lease, provided, however, Landlord shall be responsible for, at its cost, not grant consent or amend any alterations, structural existing lease or otherwise, required occupancy agreement in a manner which causes such lease or occupancy agreement to be made inconsistent with the terms of this Section. Tenant agrees not to use, or permit to be used any portion of, the Premises for any of the “Prohibited Uses” or “Exclusive Uses” described on Exhibit “I” hereto.
(d) During the term of this Lease, without the prior written consent of Tenant, which may be withheld in Tenant’s sole and absolute discretion, Landlord (i) shall not execute a lease (or affirmatively grant its consent to a sublease or assignment of a lease) which grants a tenant or occupant the right to use any portion of the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work to any of the following entities, and (ii) shall not itself display in the Premises shall comply with Common Areas materials from, or execute an agreement which grants the ADAright to displays in the Common Areas by the following entities (each an “Excluded User”) or displaying the following messages: residential mortgage lender or residential mortgage broker, real estate broker, bank (other than a full service retail branch bank that does not specialize in the making of residential mortgage loans as a primary business) or title insurance company other than Title Source Inc., National Basketball Association team other than the Cleveland Cavaliers; Casino other than Horseshoe Cleveland, Horseshoe Cincinnati, Horseshoe Baltimore, Greektown Detroit, ThistleDown Racino or Turfway Park; Graphic company other than Fathead; Ticketing company other than Veritix; Alarm Company other than Protect America; On-line educational institutions (other than Northcentral University) such as University of Phoenix and ▇▇▇▇▇▇; Luxury lifestyle magazines other than the ▇▇▇▇ Report; Tourism advertisements for cities other than Detroit, states other than Michigan or countries other than the United States or advertisements portraying any of the foregoing in a negative manner; Political messages of any kind; anything of an indecent or pornographic nature; Minnesota-based law firms representing plaintiffs.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Use of Premises. (a) Landlord warrants that (i) the Premises are zoned and approved for general office purposes and purposes incident thereto and (ii) will request the appropriate authorities to issue a conditional Certificate of Occupancy or a Final Inspection Report allowing use of the Premises for the purposes permitted under this Section 3(a) of this Lease. Landlord shall deliver to Tenant a copy of the conditional Certificate of Occupancy for the Building and for the Premises and the Final Certificate of Occupancy upon issuance.
(b) Landlord agrees that the use of the Premises Tenant for the following specific purposes ("Additional Purposes") is permitted under this Lease, provided Tenant obtains and maintains all applicable governmental licenses and permits for such purposes:
(i) Computer processing;
(ii) Training for Tenant's employees and for non-employees of Tenant;
(iii) Kitchen and cafeteria for the use of Tenant, Tenant's employees and Tenant's guests in that area designated for cafeteria equipment and use; and
(iv) Printing for Tenant and Tenant's clients including photographic, multilith, or multigraph reproductions or offset printing in that area designated for such equipment and use.
(c) Tenant shall use and occupy the Premises only for biomedical laboratory research, Tenant's executive and general office offices and administrative services for such related purposes as are described in subsection (b) of this Section 3 and for no other purpose. Except as specifically provided for in For the purposes of this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above3, Tenant shall not allow any be deemed to include Tenant's permitted subtenants, assigns, and occupants.
(d) Landlord agrees that, in connection with and incidental to Tenant's use of the Premises which will negatively affect for the office purposes set forth in subsection (a) of this Section 3, provided Tenant, at Tenant's sole cost and expense, obtains any special amendments to the certificate of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on occupancy for the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted aboveany other permits required by any governmental authority having jurisdiction thereof, if any, Tenant shall not allow any may use portions of the Premises for (i) the preparation and service of food and beverages from a full service kitchen with service area (which would unreasonably food and beverages may be delivered to other locations of Tenant outside of the Premises), pantry kitchens, coffee stations or lounges all for the exclusive use by, Tenant, its employees and business guests of Tenant (but not for use as a public restaurant or by other tenants of the Building), (ii) the operation of vending machines for the exclusive use of Tenant, its employees and business guests of Tenant, provided that each vending machine, where necessary, shall have a waterproof pan thereunder and be connected to a drain, and (iii) the installation, maintenance and operation of electronic data processing equipment, computer processing facilities and business machines, provided that such equipment is contained within the Premises and does not cause vibrations, noise, electrical interference or other disturbance to other tenants of the Building or the elevators or other equipment in the Building. With respect to any use permitted under this Section 3, any such use shall not violate any laws or requirements of public authorities, constitute a public or private nuisance, interfere with or cause physical discomfort to any of the other tenant tenants or occupants of the Building, interfere with the operation of the Project by Landlord. Building or the maintenance of same as a first-class office building, or violate any of Tenant's other obligations under this Lease.
(e) Anything contained herein any part herein to the contrary notwithstanding, Tenant shall not permit any nuisance or waste upon use the Premises or allow any offensive noise part thereof, or odor in or around permit the Premises or any part thereof to emanate outside be used, (i) for the business of photographic, multilith, or multigraph reproductions or offset printing, unless used in connection with either directly or indirectly, its own business or activities, (ii) for a retail banking, trust company, depository, guarantee, or safe deposit business open to the Premises. Subject general public, so long as such a business exists or is operated in the Building by another tenant, (iii) as a savings bank, a savings and loan association, or as a loan company open to events beyond Landlord’s control the general public, so long as such a business exists or is operated in the Building by another tenant, (iv) for the sale to the general public of travelers checks, money orders, drafts, foreign exchange or letters of credit or for safety the receipt of money for transmission, so long as such a business exists or health reasonsis operated in the Building by another tenant, Tenant and its employees shall have access (v) as a stock broker's or dealer's office or for the underwriting or sale of securities open to the Premises 24 hours per daygeneral public, 7 days so long as such a week. Tenant shall complybusiness exists or is operated in the Building another tenant, at Tenant’s cost(vi) except as provided in subsection (b) of this Section 3, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result restaurant or bar or for the sale of Tenant’s useconfectionery, Tenant shall either modify its use to cause such authority to rescind its designation soda, beverages, sandwiches, ice cream, or baked goods or for the preparation, dispensing, or consumption of food or beverages in any manner whatsoever, (vii) as a news or cigar stand, (viii) as an employment agency, labor union office, physician's or dentist's office, dance, or music studio (except for exercise classes which may be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any conducted after business hours on a portion of the Project Premises where Tenant occupies the floor below and adjacent to the location of such classes), school (other than except for the Premisestraining of employees of Tenant), (ix) to be a “place of public accommodation” under the ADA or any other comparable law as a result retail travel agency, or (x) as a ▇▇▇▇▇▇ shop or beauty salon.
(f) Landlord covenants and warrants that applicable zoning and health ordinances and regulations permit the use of a portion of the uses permitted under applicable laws and the Master Use Permit or other land Premises for a company sponsored food service facility provided such facility is at all times incidental to use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in of the Premises shall comply with for general office purposes and provided that such facility meets the ADAstandards of such zoning and health ordinances and regulations.
Appears in 2 contracts
Sources: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)
Use of Premises. (a) Landlord warrants that (i) the Premises are zoned and a proved for general office purposes and purposes incident thereto and (ii) a conditional Certificate of Occupancy or a Final Inspection Report r have been or will be issued by the appropriate authorities allowin use of the Premises for the purposes permitted under this Section 3(a) of this Lease. Landlord shall deliver to Tenant a copy of the conditional Certificate of Occupancy for the Building and for the Premises, and upon issuance, the final Certificate of Occupancy.
(b) Landlord agrees that the use of the Premises by Tenant for the following specific purposes ("Additional Purposes") is permitted under this Lease provided Tenant obtains and maintains all applicable governmental licenses and permits for such purposes:
(i) Computer processing;
(ii) Training for Tenant's employees and for non-employees of Tenant;
(iii) Kitchen and cafeteria for the use of Tenant, Tenant's employees and Tenant's guests in that area designated for cafeteria equipment and use; and
(iv) Printing for Tenant and Tenant's clients including photographic, multilith, or multigraph reproductions or offset printing in that area designated for such equipment and use.
(c) Tenant shall use and occupy the Premises only for biomedical laboratory research, Tenant's executive and general office offices and administrative services for such related purposes as are described in subsection (b) of this Section 3 and for no other purpose. Except as specifically provided for in For the purposes of this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above3, Tenant shall not allow any be deemed to include Tenant's permitted subtenants, assigns, and occupants.
(d) Landlord agrees that, in connection with and incidental to Tenant's use of the Premises which will negatively affect for the office purposes set forth in subsection (a) of this Section 3, provided Tenant, at Tenant's sole cost and expense, obtains any special amendments to the certificate of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on occupancy for the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted aboveany other permits required by any governmental authority having jurisdiction thereof, if any, Tenant shall not allow any may use portions of the Premises for (i) the preparation and service of food and beverages from a full service kitchen with service area (which would unreasonably food and beverages ma be delivered to other locations of Tenant outside of the Premises), pantry kitchens, coffee stations or lounges all for the exclusive use by Tenant, its employees and business guests Tenant (but not for use as a public restaurant or by other tenants of the Building), which (ii) the operation of vending machines for the exclusive use of Tenant, its employees and business guests provided that each vending machine, where necessary, shall have a waterproof pan thereunder and be connected to a drain, and (iii) the installation, maintenance and operation of electronic data processing equipment, computer processing facilities and business machines, provided that such equipment is contained within the Premises and does not cause vibrations, noise, electrical interference or other disturbance to other tenants of the Building or the elevators or other equipment in the Building. With respect to any use permitted under this Section 3, any such use shall not violate any laws or requirements of public authorities, constitute a public or private nuisance, interfere with or cause physical discomfort to any of the other tenant tenants or occupants of the Building, interfere with the operation of the Project by LandlordBuilding or the maintenance of same as a first-class office building, or violate any of Tenant's other obligations under this Lease.
(e) Tenant hereby represents, warrants, and agrees that Tenant's business is not and shall not be photographic, multilith, or multigraph reproductions or offset printing. Anything contained herein to the contrary notwithstanding, Tenant shall not permit any nuisance or waste upon use the Premises or allow any offensive noise part thereof, or odor in or around permit the Premises or any part thereof to emanate outside be used (i) for the business of photographic, multilith, or multigraph reproductions or offset printing, (ii) for a retail banking, trust company, depository, guarantee, or safe deposit business open to the general public, (iii) as a savings bank, a savings and loan association, or as a loan company open to the general public, (iv) for the sale to the general public of travelers checks, money orders, drafts, foreign exchange or letters of credit or for the receipt of money for transmission, (v) as a stock broker's or dealer's office or for the underwriting or sale of securities open to the general public, (vi) except as provided in subsection (b) of this Section 3, as a restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream, or baked goods or for the preparation, dispensing, or consumption of food or beverages in any manner whatsoever, (vii) as a news or cigar stand, (viii) as an employment agency, labor union office, physician's or dentist's office, dance, or music studio (except for exercise classes which may be conducted after business hours on a portion of Premises where Tenant occupies the floor below and adjacent to the location of such classes), school (except for the training of employees of Tenant, (ix) as a retail travel agency, or (x) as a ▇▇▇▇▇▇ shop or beauty salon. Nothing in this subsection (c) shall preclude Tenant from using any part of the Premises. Subject to events beyond Landlord’s control Premises for offset, photographic, multilith, or for safety multigraph reproductions in connection with, either directly or indirectly, its own business or activities.
(f) Landlord covenants and warrants that applicable zoning and health reasons, Tenant ordinances and its employees shall have access to regulations permit the Premises 24 hours per day, 7 days use of a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) Premises for a company sponsored food service facility provided such facility is at all times incidental to be a “place of public accommodation” under the ADA or any other comparable law as a result use of the uses permitted under applicable laws Premises for general office purposes and provided that such facility meets the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under standards of such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAzoning and health ordinances and regulations.
Appears in 2 contracts
Sources: Office Lease (Hewitt Holdings LLC), Office Lease (Hewitt Associates Inc)
Use of Premises. Tenant The Premises shall use the Premises be used only for biomedical laboratory research, and general office and administrative services and for no other purposepurposes. Except as specifically provided for in this Section 6, the The Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldillegal purposes, conditioned nor in any manner to create any nuisance or delayed by Landlord; providedtrespass, howevernor in any manner to vitiate the insurance or increase the rate of insurance on the Premises. Tenant shall, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord its use and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use maintenance of the Premises, including comply with all laws, ordinances, codes, covenants and restrictions applicable to the Property, and shall not perform any uses that act or carry on any practice which may be deemed controversial. The reasonable costs to develop injure the Premises, or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use part of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow Building, or cause any inflammable offensive odors or explosive liquids loud noise or materials constitute a nuisance or a menace to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with tenants or other persons in the operation of Building or on the Project Property. Except for latent defects and matters covered by Landlord's one year construction warranty, and except to the extent that Landlord has agreed to perform any "Landlord's Work," as shown on Exhibit D, TENANT IS LEASING THE PREMISES FROM LANDLORD IN THEIR CURRENT "AS IS" CONDITION, WITHOUT REPRESENTATION OR WARRANTY BY LANDLORD, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION AS TO THE SUITABILITY OR UTILITY OF THE PREMISES FOR TENANT'S INTENDED USES. TENANT REPRESENTS THAT IT HAS INSPECTED THE PREMISES AND THE COMMON AREAS OF THE PROPERTY, AND HAS FOUND THE SAME ACCEPTABLE FOR THE INTENDED USES. Landlord shall promptly undertake at its expense Landlord's Work. All construction performed by Landlord shall use new, first quality materials and shall be performed in a good and workmanlike manner. Landlord warrants Landlord's Work for a period of one year from the Commencement Date. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, promptly undertake at its cost, any alterations, structural or otherwise, required to be made to expense the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAwork described on Exhibit E hereto.
Appears in 1 contract
Use of Premises. Tenant The Premises shall use the Premises only be used for biomedical laboratory research, and general office and administrative services purposes and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other business or purpose without Landlord’s prior the written consent which consent may not be unreasonably withheldof Landlord. Tenant shall comply with all present and future governmental laws, conditioned ordinances, rules and regulations relating to Tenant's use or delayed by Landlord; provided, however, that in no event shall any portion occupancy of the Premises be used for a vivarium for animals larger than rodents. At either’s requestand shall observe the Building Rules, Landlord as defined in Section 30 - "Rules and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the ProjectRegulations". Tenant shall not allow any inflammable do, bring, keep or explosive liquids sell anything in or materials to be kept on about the Premises except as authorized and permitted under Section 27 that is prohibited by the standard form of fire insurance policy or that will cause a cancellation of, or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Any breach of this Lease. Except as permitted above, covenant shall constitute a default under this Lease and in addition shall obligate Tenant shall not allow to pay to Landlord any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlordand all increases in insurance premiums resulting from such breach. Tenant shall not permit any nuisance occupy or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of use the Premises. Subject to events beyond Landlord’s control , or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem permit the Premises to be occupied or used, in any manner that will constitute waste or a “place nuisance or will disturb the quiet enjoyment of public accommodation” under or otherwise annoy other tenants in the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Building. Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterationsnot, structural or otherwisewithout the prior consent of Landlord, required to be made to bring into the Building or the Premises under such lawsor use or incorporate in the Premises any apparatus, equipment or supplies that may cause substantial noise, odor or vibration or overload the Premises or the Building or any of its utility or elevator systems or jeopardize the structural integrity of the Building or any part thereof. If any governmental authority of Tenant's office machines or equipment disturb any other tenant in the Building, then Tenant shall deem any portion provide adequate insulation or take such other action as may be necessary to eliminate the disturbance. Tenant shall not, without the prior consent of Landlord, connect to the utility systems of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or Building any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit apparatus, machinery or other land equipment except typical office machines and devices such as electric typewriters, word processors, mini and micro-computers and office-size photocopiers. Tenant shall pay the cost of all utilities and services supplied to Tenant in connection with Tenant's use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that of additional office equipment approved by Landlord’s Work in the Premises shall comply with the ADA.
Appears in 1 contract
Use of Premises. A. The Leased Premises shall be used and occupied exclusively by Tenant and the members of Tenant’s household identified in paragraph 2 above as a private single-family dwelling.
B. No part of the Leased Premises shall be used at any time for the purpose of carrying on any sort of business or trade, or professional trade of any kind or for any purpose other than as a private, single-family residence.
C. Tenant shall not assign this Lease or grant any concession or license to use or sublet the Leased Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Leased Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, .
D. Tenant shall not allow provide accommodations for boarders or lodgers. Guests of Tenant may stay on the Leased Premises for no more than one (1) cumulative week per lease year. Longer visits may be permitted by Landlord for good cause in the Landlord’s sole discretion, if Tenant notifies Landlord in writing, explaining the reason for the extended visit. Occupancy by an unauthorized person for more than seven (7) consecutive days in any use calendar year without prior written consent from Landlord shall constitute occupation of the Leased Premises which on a regular basis and therefore will negatively affect constitute a material violation of the cost Lease.
E. Tenant shall comply with all sanitary laws, ordinances, rules and orders of coverage appropriate authorities affecting the cleanliness, occupancy and preservation of Landlord’s insurance on the ProjectLeased Premises, all restrictive covenants affecting the Leased Premises, and City of Harrisonburg ordinances regarding nuisance, as amended from time to time. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible reimburse Landlord for any alterations, structural fines or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law penalties Landlord incurs as a result of the uses actions of Tenant, members of Tenant’s household, Tenant’s guests or other persons under Tenant’s control (including any nuisance fees imposed on Landlord under § 15-3-2 of the Harrisonburg City Code, as amended from time to time). Charges assessed herein shall be due and collectible fourteen (14) days after Landlord gives written notice to Tenant, which notice shall constitute notice of adverse action.
F. Tenant is permitted under applicable laws to own and keep common household pets in the Leased Premises in accordance with the Pet Rules. However, no animals or pets shall be kept anywhere on the Leased Premises without the prior written permission from Landlord. Permitted pets shall be kept only in accordance with the Pet Rules attached hereto and made a part of this Lease as Exhibit C (if applicable). Neither this paragraph 10F nor the Pet Rules shall apply to animals kept to assist, support, or provide service to persons with disabilities or needed as a reasonable accommodation to the Tenants (or Tenant’s household members, as set forth in paragraph 2 of this Lease). The Landlord shall also allow service animals to accompany visitors with disabilities who need such animals as an accommodation to their disabilities. Assistance animals must be qualified as such by Landlord according to HUD regulations. Tenant may, at any time, request that this Lease be amended to permit a pet and/or a copy of the Pet Rules. Violation of the Pet Rules shall be grounds for removal of the pet and/or termination of this Lease in accordance with federal, state, and local law and the Master Use Permit terms and conditions of this Lease. If applicable, Tenant has read and agrees to abide by the terms of Landlord’s Pet Rules set forth in Exhibit C attached to this Lease.
G. Tenant shall obey the Landlord’s rules and regulations as published in the Resident’s Handbook. Tenant’s acknowledgement of receipt of the Resident’s Handbook is attached to and made a part of this Lease as Exhibit D. Tenant understands and acknowledges that any violation of the rules and regulations by Tenant, any member of Tenant’s household, a guest or other land use permits person under Tenant’s control, be considered material noncompliance or a breach of the Lease for the Project, which Landlord shall be entitled to appropriate relief under Virginia law and the terms of this Lease. Tenant shall obey additional rules established after the effective date of this Lease if:
i. the rules are reasonably related to the safety, care, and cleanliness of the Leased Premises or Grounds (as that term is defined in paragraph 11 below) and the safety, comfort, and convenience of the residents; and
ii. Tenant receives written notice of any proposed rule change at least thirty (30) days before the rule’s effective date.
H. Tenant shall not keep or have in or on the Leased Premises or the Grounds (as that term is defined in paragraph 11 below) any articles or things of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or that might be considered hazardous or extra-hazardous by any responsible forinsurance company. Tenant shall not undertake, at its costor permit his/her family or guests to undertake, any alterationshazardous acts or do anything that will increase insurance premiums for the Leased Premises or Grounds. Any such actions shall constitute Material Non-Compliance, structural as defined in paragraph 18 below.
I. All personal property placed in or otherwise, required to be made to about the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Leased Premises shall comply with be at the ADAsole risk of Tenant, and Landlord shall not be liable for the loss, destruction, theft, or damage to such personal property.
Appears in 1 contract
Sources: Lease Agreement
Use of Premises. Tenant shall use the Premises only for biomedical laboratory researchresidential purposes. Tenant shall have exclusive use and right of possession to the dwelling. The Premises shall be used so as to comply with all state, county, municipal laws and ordinances, and general office all covenants and administrative services and for no other purpose. Except as specifically provided for in this Section 6, restrictions affecting the Premises and all rules and regulations of homeowners’ associations affecting the Premises.
a. Occasional overnight guests are permitted. An occasional overnight guest is one who does not stay more than seven (7) nights in any calendar month. ▇▇▇▇▇▇▇▇’s approval is required to allow anyone else to occupy the Premises for a longer period.
b. Tenant must act, and require all other persons on the Premises to act, in a manner that does not unreasonably disturb any neighbors or constitute a breach of the peace.
c. Tenant may not paint or make any alterations or improvements to the Premises without first obtaining Landlord’s written consent to the alteration or improvement.
d. If the Tenant receives permission to paint, alter or improve the premises, THE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FROM IMPROVEMENTS MADE BY THE TENANT AS PROVIDED IN SECTION 713.10, FLORIDA STATUTES. Tenant shall notify all parties performing work on the Premises at Tenant’s request that the Lease does not be used for allow any other purpose liens to attach to Landlord’s interest. Initial /
e. Any improvements or alterations to the Premises made by the Tenant shall become Landlord’s property.
f. Tenant may hang pictures and install window treatments in the Premises without Landlord’s prior written consent consent, provided Tenant removes all such items before the end of the Lease Term and repairs all damage resulting from the removal which consent may includes patch and paint. Initial /
g. Tenant shall not be unreasonably withhelddestroy,deface, conditioned damage, impair, or delayed by Landlord; provided, however, that in no event shall remove any portion part of the Premises belonging to Landlord, nor permit any person to do so.
h. Tenant agrees not to use, keep, or store on the Premises any dangerous, explosive, toxic material which would increase the probability of fire or which would increase the cost of insuring the Premises.
i. Tenant shall not create any environmental hazards on or about the Premises.
j. All vehicles parked on the premises must be used properly maintained and must have current registration and tags. In the event the tenant wishes to do mechanical repairs to a vehicle, the repairs must be completed in a timely fashion.
k. Tenant shall not operate an ATV (All-Terrain Vehicle) or any similar vehicle on the property or adjoining streets and right of ways. The use of an ATV or similar vehicle is a high-risk activity, which the owner forbids on the premises. The operation of ATVs and similar vehicles is also extremely noisy and causes an unnecessary disturbance to the neighbors.
l. Tenant shall not install or cause to be installed a trampoline in the yard without prior consent from the landlord. If permission for a vivarium for animals larger than rodents. At either’s requesttrampoline is granted, ▇▇▇▇▇▇ shall execute an addendum to the Lease guaranteeing proper installation, purchase of liability coverage and holding the Landlord and Tenant shall cooperate and assist each other the Landlord’s Agent harmless in developing and implementing a communications plan for the Project and Tenant’s event of an injury or liability claim resulting from the use of the Premises, including any uses that may trampoline.
m. Tenant shall not install or cause to be deemed controversialinstalled an above-the-ground swimming pool without prior consent from the landlord. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that If permission for an above-the-ground pool is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted abovegiven, Tenant shall not allow any execute an addendum to the lease guaranteeing proper installation, purchase of liability coverage for use of the Premises which pool and guaranteeing that the lawn will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials be returned to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use former status upon removal of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADApool.
Appears in 1 contract
Sources: Property Management Agreement
Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory researchgeneral (non-medical and non-governmental) office purposes compatible with first class office buildings in the Building’s submarket, and general office and administrative services and for no other use or purpose. Except Tenant shall not use or occupy the Premises for any unlawful purpose, or in any manner that will violate the certificate of occupancy for the Premises or the Building, or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant or user of the Building, or in any manner that will increase the number of parking spaces required for the Building or its full occupancy as specifically required by law. Landlord at its expense (subject to reimbursement pursuant to Article V, if and to the extent permitted thereby) shall comply with all Laws to the extent the same apply directly to the Building Structure and Systems and Common Areas as a whole; provided, however, that to the extent any non-compliance is a result of the use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant, or if any improvements made by Landlord to comply with such Laws benefit solely the Premises, then such compliance shall be at Tenant’s cost. Tenant shall comply with all Laws concerning the use, occupancy and condition of the Premises and all machinery, equipment, furnishings, fixtures and improvements therein, all in a timely manner at Tenant’s sole expense. If any Law requires an occupancy or use permit or license for the Premises or the operation of the business conducted therein, then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Without limiting the generality of any of the foregoing: Tenant, at its expense, shall install and maintain fire extinguishers and other fire protection devices as may be required with respect to Tenant’s use of the Premises from time to time by any agency having jurisdiction thereof and/or the underwriters insuring the Building; and Tenant at its sole cost and expense shall be solely responsible for taking any and all measures which are required to comply with the ADA concerning the Premises (including suite entry doors and related items) and the business conducted therein. Any Alterations made or constructed by or for Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with this Lease; provided, that Landlord’s consent to such Alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s responsibility for compliance with the ADA, or representation or confirmation by Landlord that such Alterations comply with the provisions of the ADA. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not use any space in the Building or the Land for the sale of goods to the public at large or for the sale at auction of goods or property of any kind. Tenant shall not conduct any operations, sales, promotions, advertising or special events outside the Premises, in the Building or on the Land.
6.2 Tenant shall pay before delinquency any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s use or occupancy of the Premises, the conduct of Tenant’s business at the Premises, or Tenant’s equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall pay as additional rent the amount of such tax or fee. In addition to Base Rent and other charges to be paid by Tenant hereunder, Tenant shall reimburse Landlord upon demand for any and all taxes or assessments payable by Landlord by applicable Laws, whether or not now customary or within the contemplation of the parties hereto, to the extent not included in Real Estate Taxes: (a) upon, measured by or reasonably attributable to the cost or value of Tenant’s equipment, furniture, fixtures and other personal property located in the Premises or by the cost or value of any improvements made in or to the Premises by Tenant regardless of whether title to such improvements shall be in Tenant or Landlord; (b) upon or measured by the rental, parking fees and other charges payable hereunder in the nature of a sales tax upon rent, fees or other charges or a so-called “rent tax” or as a substitute for or in lieu of any increase in any taxes now in effect in connection with the payment of rent or other charges for the use, occupancy, possession or tenancy of the demised premises for each month or portion thereof during the term of this Lease, but not federal or state income taxes of Landlord; and (c) upon this transaction or any document to which Tenant is a party creating or transferring an interest in the Premises. Tenant agrees to pay all sales taxes and rent taxes in the manner and in accordance with the requirements of applicable Laws. If the applicable taxing authority shall require Landlord or Landlord’s agent to collect any sales taxes or rent taxes for or on behalf of the applicable taxing authority, then such sales taxes or rent taxes shall be paid by Tenant to Landlord or Landlord’s agent monthly with the rent payments and other charges required to be paid hereunder, in accordance with the requirements of the applicable taxing authority. In the event that it shall not be lawful for Tenant so to reimburse Landlord, the monthly rental payable to Landlord under this Lease shall be revised to net Landlord the same net rental after imposition of any such tax upon Landlord as would have been payable to Landlord if such tax had not been imposed.
6.3 Tenant shall not allow, cause or permit any Hazardous Materials to be generated, used, treated, released, stored or disposed of in or about the Building or the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials in the Premises as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises so long as such materials are properly, safely and lawfully stored, used and disposed of by Tenant and the quantity of same does not equal or exceed a “reportable quantity” as defined in 40 C.F.R. 302 and 305, as amended. At the expiration or earlier termination of this Lease, with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant (it being understood that the term “inaction” as used in this Section 6, shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent of Tenant, unless such condition is knowingly aggravated as a result of Tenant’s use or occupancy of the Premises), Tenant shall not be used for surrender the Premises to Landlord free of Hazardous Materials and in compliance with all Environmental Laws. Tenant shall: (i) give Landlord immediate verbal and follow up written notice of any other purpose without actual or threatened Environmental Default with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant, which Environmental Default Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlord’s prior written consent consent, which consent may shall not be unreasonably withheld, conditioned or delayed delayed; and (ii) promptly deliver to Landlord copies of any notices or other items received from or submitted to any governmental or quasi-governmental agency, or any claim instituted or threatened by Landlord; providedany third party, howeverconcerning the Premises, that the occupancy or use thereof, or the existence or potential existence of Hazardous Materials therein. Upon any Environmental Default, in no event addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to immediately enter the Premises, to supervise and approve any portion actions taken by Tenant to address the Environmental Default, and, if Tenant fails to immediately address same in accordance with this Lease, to perform, with respect to conditions existing on account of Tenant’s use or occupancy of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and or any action or inaction of Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and or any Agent of Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any sole cost and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its costexpense, any alterations, structural or otherwise, required lawful action necessary to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAaddress same.
Appears in 1 contract
Use of Premises. A. The Leased Premises shall be used and occupied exclusively by Tenant and the members of Tenant’s household identified in paragraph 2 above as a private single-family dwelling.
B. No part of the Leased Premises shall be used at any time for the purpose of carrying on any sort of business or trade, or professional trade of any kind or for any purpose other than as a private, single-family residence.
C. Tenant shall not assign this Lease or grant any concession or license to use or sublet the Leased Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Leased Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, .
D. Tenant shall not allow any use provide accommodations for boarders or lodgers. Guests of Tenant may stay on the Leased Premises for no more than one (1) cumulative week per lease year. Longer visits may be permitted by Landlord for good cause in the Landlord’s sole discretion, if Tenant notifies Landlord in writing, explaining the reason for the extended visit.
E. Tenant shall comply with all sanitary laws, ordinances, rules and orders of appropriate authorities affecting the cleanliness, occupancy and preservation of the Premises which will negatively affect Leased Premises, all restrictive covenants affecting the cost Leased Premises, and City of coverage of Landlord’s insurance on the ProjectHarrisonburg ordinances regarding nuisance, as amended from time to time. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible reimburse Landlord for any alterations, structural fines or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law penalties Landlord incurs as a result of the uses actions of Tenant, members of Tenant’s household, Tenant’s guests or other persons under Tenant’s control (including any nuisance fees imposed on Landlord under § 15-3-2 of the Harrisonburg City Code, as amended from time to time). Charges assessed herein shall be due and collectible fourteen (14) days after Landlord gives written notice to Tenant, which notice shall constitute notice of adverse action.
F. Tenant is permitted under applicable laws to own and keep common household pets in the Leased Premises in accordance with the Pet Rules. However, no animals or pets shall be kept anywhere on the Leased Premises without the prior written permission from Landlord. Permitted pets shall be kept only in accordance with the Pet Rules attached hereto and made a part of this Lease as Exhibit C (if applicable). Neither this paragraph 10F nor the Pet Rules shall apply to animals kept to assist, support or provide service to persons with disabilities or needed as a reasonable accommodation to the Tenants or Tenant’s household members, as set forth in paragraph 2 of this Lease. The Landlord shall also allow service animals to accompany visitors with disabilities who need such animals as an accommodation to their disabilities. Assistance animals must be qualified as such by Landlord according to HUD regulations. Tenant may, at any time, request that this Lease be amended to permit a pet and/or request a copy of the Pet Rules. Violation of the Pet Rules shall be grounds for removal of the pet and/or termination of this Lease in accordance with federal, state, and local law and the Master Use Permit terms and conditions of this Lease. If applicable, Tenant has read and agrees to abide by the terms of Landlord’s Pet Rules set forth in Exhibit C attached to this Lease.
G. Tenant shall obey the Landlord’s rules and regulations as published in the Resident’s Handbook. Tenant’s acknowledgement of receipt of the Resident’s Handbook is attached to and made a part of this Lease as Exhibit D. Tenant shall obey additional rules established after the effective date of this Lease if:
i. the rules are reasonably related to the safety, care, and cleanliness of the Leased Premises or other land use permits Grounds (as that term is defined in paragraph 11 below) and the safety, comfort, and convenience of the residents; and
ii. Tenant receives written notice of any proposed rule change at least thirty (30) days before the rule’s effective date.
H. Tenant shall not keep or have in or on the Leased Premises or the Grounds (as that term is defined in paragraph 11 below) any articles or things of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or that might be considered hazardous or extra-hazardous by any responsible insurance company. Tenant shall not undertake, or permit his/her family or guests to undertake, any hazardous acts or do anything that will increase insurance premiums for the ProjectLeased Premises or Grounds. Any such actions shall constitute Material Non-Compliance, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work as defined in the Premises shall comply with the ADAparagraph 18 below.
Appears in 1 contract
Sources: Lease Agreement
Use of Premises. Tenant shall use The Premises are to be used for the Premises only for biomedical laboratory research, and general office and administrative services uses stated on Page 1 and for no other purposepurposes without Lessor's prior written consent, which shall not be unreasonably withheld. Except as specifically provided for in this Section 6Lessor may withhold its consent to any change of use on any commercially reasonable grounds, including, but not limited to, the following grounds which are hereby deemed by Lessee to be reasonable:
(a) if the proposed changed use will conflict or be incompatible with other uses in the Park;
(b) if such proposed changed use would impact the Common Areas or result in increased requirements for services or utilities furnished by Lessor;
(c) if such proposed changed use would cause unusual wear and tear on the Premises or overload or overburden the structure or create undue vibration;
(d) if such proposed changed use would require the use of heavy machinery and equipment other than that used by Lessee for its permitted light manufacturing on or about the Premises;
(e) if such proposed changed use would require the use by Lessee on the Premises of Hazardous Materials at a level which creates more risk than the use of Hazardous Materials by Lessee in its business as of the date of this Lease; or
(f) if such proposed changed use creates inappropriate or dangerous uses of the Premises. Lessee shall not do or permit anything to be done in or about the Premises nor keep or bring anything therein which will in any way increase the existing rate of or affect any policy of fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy. Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or other buildings in the Park or injure or annoy other tenants or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Lessee cause, maintain or permit any nuisance in, on or about the Premises. Lessee shall not damage or deface or otherwise commit or suffer to be committed any waste in or upon the Premises. Lessee shall honor the terms of all recorded covenants, conditions and restrictions relating to the property on which the Premises are located. Lessee shall honor the rules and regulations attached to and made a part of this Lease as Exhibit C and any other purpose reasonable regulations of the Lessor related to parking and the operation of the Park. Lessee shall, at Lessee's expense, faithfully observe and comply with all Municipal, State and Federal statutes or rules, regulations, ordinances, requirements, and orders, pertaining to the Premises or Lessee's use thereof, including without Landlord’s prior written consent limitation, all statutes, rules, regulations, ordinances, requirements, or orders affecting the Premises, the Building or the Park now in force or which consent may not hereafter be unreasonably withheld, conditioned or delayed by Landlordin force; provided, however, that in no event Lessee shall any portion of not be required to make structural changes to the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs not related to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any Lessee's specific use of the Premises which will negatively affect unless the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or requirement for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law such changes is imposed as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation any improvements or be responsible for any alterations, structural additions made or otherwise, required proposed to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADALessee's request.
Appears in 1 contract
Sources: Lease Agreement (Learningstar Inc)
Use of Premises. Tenant shall 7.01 The Premises during the continuance of this Lease will be used and occupied for general office, warehousing, assembly and testing and engineering and any other lawful use consistent with other uses in the Premises Rochester Hills Executive Park only for biomedical laboratory research, and general office and administrative services and for no other purposepurpose without the prior written consent of Landlord. Except Tenant agrees that it will not use or permit any person to use the Premises or any part thereof for any use or purposes in violation of the laws of the United States, the laws, ordinances or other regulations of the State and municipality in which the Premises are located, or of any other lawful authorities, or the Declaration of Covenants and Restrictions, dated December 22, 1992 recorded January 8, 1993 in Liber 13241, pages 270-382, inclusive, Oakland County Records (a copy of which is attached hereto as specifically provided for Exhibit "C", to which Declaration this Lease is hereby expressly made subject). During the Term or any extended term, Tenant will keep the Premises and every part thereof and all buildings at any time situation thereon in a clean and wholesome condition and generally will comply with all lawful health and policy regulations. All signs and advertising displayed in and about the Premises will be such only as to advertise the business carried on upon the Premises and Landlord will control the location, character and size thereof. No signs will be displayed, except as approved in writing by Landlord, and no awning will be installed or used on the exterior of the building unless approved in writing by Landlord. INSURANCE (Tenant TO OBTAIN)
8.01 Tenant, at its sole expense, will obtain and maintain at all times until termination of this Lease and surrender of the Premises to Landlord, a primary policy of insurance covering the Premises and providing the insurance protection described in this Section 68.
8.02 The liability coverage under the primary policy will name Landlord and Landlord's mortgagee as additional insured parties, and will provide comprehensive general public liability insurance including blanket contractual coverage against claims for or arising out of bodily injury, death or property damage, occurring in, on or about the Premises shall or property in, on or about the streets, sidewalks or properties adjacent to the Premises. The limits of coverage will be, initially, if dual limits are provided, not less than Two Million Dollars ($2,000,000.00) with respect to injury or death of a single person, not less than Two Million Dollars ($2,000,000.00) with respect to any one occurrence and not less than One Million Dollars ($1,000,000.00) with respect to any one occurrence of property damage, or, in the alternative, a single limit policy in the amount of Two Million Dollars ($2,000,000.00), and thereafter in such reasonably appropriate increased amounts as may be used for any other purpose without determined by Landlord or Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord's mortgagee; provided, however, that the amount of coverage will not be increased more frequently than at five (5) year intervals. The policy will contain cross-liability endorsements.
8.03 The primary policy will insure the Improvements, as defined in no event Section 1.01 hereof (but not any personal property, fixtures or equipment of Tenant) for full replacement cost against loss by fire, with standard extended risk coverage, vandalism, malicious mischief, sprinkler leakage and all other risk perils. The name insured will be Landlord, Tenant and Landlord's mortgagee, only. The initial amount of this insurance will be _________________ Dollars ($____________), but such amounts shall any portion be increased upon notice to Tenant on the recommendation or requirement of Landlord or Landlord's mortgagee, in order to reflect increases in the replacement cost of the Premises be used Improvements.
8.04 The primary policy also will provide loss of tents coverage sufficient, as reasonably determined by Landlord, to cover the net rental and all other charges which are the obligation of Tenant under this Lease for a vivarium 12-month period from the date of any loss or casualty.
8.05 The insurance policy or policies to be provided by Tenant hereunder shall be issued by an insurance company or companies having an A.M. Best Company rating of not less than "A". Each policy procured by Tenant under this Section 8 must provide for animals larger at least thirty (30) days' written notice to Landlord of any cancellation. Certificates of Insurance will be delivered by Tenant to Landlord prior to the effective date thereof, together with receipts evidencing payment of the premiums therefor. Tenant will deliver certificates of renewal for such policies to Landlord at least thirty (30) days prior to the expiration dates thereof. The insurance provided by Tenant under this Section 8 may be in the form of a blanket insurance policy covering other properties as well as the Premises; provided, however, that any such policy or policies of blanket insurance (i) must specify therein or Tenant must furnish Landlord with a written statement from the insurers under such policy or policies specifying, the amount of the total insurance allocated to the Premises, which amounts will not be less than rodents. At either’s requestthe amounts required by Subsections 8.02, 8.03 and 8.04 hereof, and (ii) such amounts so specified must be sufficient to prevent Landlord or Landlord's mortgagee from becoming a co-insurer within the terms of the applicable policy or policies, and provided further, however, that any such policy or policies of blanket insurance must, as to the Premises, otherwise comply as to endorsements and coverage with the other provisions of this Section 8.
8.06 Except with respect to the insurance required by Subsection 8.02, neither Landlord nor Tenant may take out separate insurance concurrent in form or contributing in the event of loss with that required under this Section 8 unless Landlord and Tenant shall cooperate and assist each other are included therein as the insured payable as provided in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use Each party will notify the other immediately of the Premises which would unreasonably interfere with placing of any other tenant such separate insurance.
8.07 If Tenant fails to provide all or any of the insurance required by this Section 8, or subsequently fails to maintain such insurance in accordance with the operation requirements of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Projectthis Section, Landlord shall may but will not be responsible forrequired to) procure or renew such insurance, at its costand any amounts paid by Landlord for such insurance will be additional rental due and payable on or before the next Rent Day, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work together with late charges and interest as provided in the Premises shall comply with the ADASection 5.
Appears in 1 contract
Sources: Net Lease (American Axle & Manufacturing Holdings Inc)
Use of Premises. Tenant shall use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the A. The Premises shall not be used solely for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldbusiness purposes of Tenant permitted by the Fourth Amended and Restated Limited Partnership Agreement, conditioned or delayed by Landlord; provideddated as of February 7, however1990, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s requestamong Delta Ventures I, Landlord Inc., Delta Ventures II, Inc., Delta Ventures III, Inc., Trans World PARS, Inc., Northwest PARS, Inc. and Tenant shall cooperate NEWCRS Limited, Inc., as such Fourth Amended and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the PremisesRestated Limited Partnership Agreement is hereinafter amended, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant other than as a Computer Data Operations Center shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with disrupt the operation of the Project use by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) Delta or any other comparable law as a result tenant of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project Delta (other than the PremisesTenant) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under as a Computer Data Operations Center and shall be subject to Delta’s approval, which approval shall not be unreasonably withheld or delayed.
B. In the event this Lease is assigned by Tenant pursuant to Article 18 hereof or any portion of the Premises is sublet pursuant to Article 18 hereof, the assignee or subtenant, as the case may be, shall not use the Premises for any use which interferes with or disrupts the use by Delta or any tenant of Delta (other than Tenant) of the Building (other than the Premises) as a Computer Data Operations Center and, if such laws. Landlord assignee or subtenant, as the case may be, desires to use the Premises for any use other than as a Computer Data Operations Center, such use shall be subject to Delta’s approval, which approval shall not be unreasonably withheld or delayed.
C. Delta agrees that Landlordif Delta or any tenant of Delta (other than Tenant) uses the Building (other than the Premises) for any use other than as a Computer Data Operations Center, such use shall not interfere with or disrupt the use by Tenant or any subtenant of Tenant of the Premises as a Computer Data Operations Center and shall be subject to Tenant’s Work approval, which approval shall not be unreasonably withheld or delayed.
D. Neither Delta nor Tenant shall use or permit the use of the Data Center in any manner that will or is likely to create waste or a nuisance or take or omit to take, subject to the provisions of Article 1 hereof, any other action which may interfere with or disturb the use or enjoyment of the Data Center, as permitted by this ease, by the other or any other tenant occupying any portion of the Data Center, including the use or enjoyment of the Common Areas. Tenant and Delta shall cooperate in the Premises preparation of mutually acceptable standards for the security of the Data Center. Such agreed upon standards shall be binding upon Tenant, Delta and all tenants, subtenants or other occupants of the Data Center and the failure to comply with the ADAsuch agreed upon standards shall constitute a breach of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Ws Financing Corp)
Use of Premises. Tenant The Leased Premises shall use be used as an FBO in accordance with the Airport’s Minimum Standards (except as temporarily waived pursuant to Section 6.2 herein); provided that in all respects Lessee shall be permitted to provide aviation services to general aviation aircraft and scheduled air carriers (including operations off the Leased Premises only for biomedical laboratory researchnecessary to provide services as requested by Lessee’s customers provided such services are in compliance with the Airport’s Minimum Standards, which may be amended from time to time, the current version of which is attached hereto as Exhibit “2”) with no interruption to, or interference with, the Lessor’s other tenants and general office users (collectively, the “Permitted Use”). Lessee may commence providing services to scheduled air carriers prior to the completion of the Initial Improvements, provided that Lessee satisfies the obligations of Section 2 and administrative services Section and for no other purposeits operations otherwise comport with standard industry practices. Except as specifically provided for in this Section 6In addition, the Premises shall not be used for any illegal purposes, or in any manner to create a nuisance or trespass, or in any manner knowingly to vitiate the insurance or increase the rate of insurance on the Leased Premises. If the Lessee fails to cease such acts or omissions and in the event ▇▇▇▇▇▇’s use of the Premises thereafter results in an increased rate of insurance on the Premises, Lessor shall give Lessee written notice specifying the exact manner in which ▇▇▇▇▇▇’s acts or omissions are vitiating Lessor’s insurance or increasing the Lessor’s rate of insurance (specifically excluding actions of Lessee in operation of the Permitted Use) and Lessee shall have thirty (30) days to cease such acts or omissions (other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlordthan those actions of Lessee in operation of the Permitted Use); provided, however, that the Lessor will not alter, change or amend its policy(ies) of insurance in no event such manner as to materially limit or restrict the operation of a fixed base operation and its usual and customary activities on the Leased Premises, Lessee shall have thirty (30) days upon notification to pay, as an additional rental fee, the amount of any portion of such increase. Failure by Lessee to pay within said thirty (30) days period will result in termination by Lessor with thirty (30) days’ notice to vacate Leased Premises. This thirty (30) day provision does not change termination terms set in Section 15. In addition to the Premises foregoing, the Permitted Use shall include, but not be used for a vivarium for animals larger than rodents. At either’s requestlimited to, Landlord the following:
(a) Buy, sell, lease and/or charter aircraft;
(b) Hangar and Tenant shall cooperate store aircraft, cargo, vehicles and assist each other in developing equipment;
(c) Maintain and implementing a communications plan repair aircraft, their systems and avionics;
(d) Acquire, store and sell aircraft parts and supplies;
(e) Fuel and de-fuel aircraft and equipment;
(f) Operate limousine and/or rental car concessions for the Project and Tenantbenefit of Lessee’s use of customers in accordance with the Premisesstandard fee established by the Lessor, including any uses that as may be deemed controversial. amended time to time;
(g) Train aircraft pilots, mechanical technicians and ground support personnel;
(h) The reasonable costs installation and operation of food, beverage and cigarette vending machines, for ▇▇▇▇▇▇’s tenants, employees, and business guests, one or more pilots’ lounges, and the furnishing of food and beverage for in-flight consumption on general aviation and airline aircraft;
(i) Conduct a flight training school and the provision of aircraft familiarization instruction to develop acquaint purchasers and lessees of aircraft sold or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by leased at the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or Airport with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable such aircraft;
(j) The provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation service or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits supply necessary for the Projectservice, Landlord shall be responsible forstorage, at its costtie-down, any alterationssale, structural rental, lease, operation, repair or otherwise, required to be made to the Building maintenance of general aviation aircraft;
(other than the Premisesk) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply Aircraft ground support services commensurate with the ADAdemand as it exists from time to time, including aircraft cleaning and waxing in accordance with environmental requirements and regulations; and
(l) Aeronautical Aviation/Office and/or other aviation professional use.
Appears in 1 contract
Sources: Lease Agreement
Use of Premises. Tenant Supplier shall use the Premises only premises hereby let to provide the following services: restaurant food service, selected gift items and other related services which can include but is not limited to catering for biomedical laboratory researchgroups in the park. Supplier shall have the right of first refusal for all catering events located within the six (6) State Parks referenced in Section 7 of this Contract. If Supplier is unavailable or unable to cater an event, and general office and administrative services and for no other purposeindividuals may use outside catering services. Except as specifically provided for in this Section 6, the Premises The Supplier shall not use or permit the premises to be used for any other purpose or purposes without Landlord’s prior written consent which consent may not permission from OTRD. The hours of operation shall be unreasonably withheld, conditioned posted in a conspicuous place on or delayed by Landlord; provided, however, that in no event shall any portion near the entrances of the Premises be used for a vivarium for animals larger than rodentsbusiness. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the Any non-operation of the Project leased premises for more than five (5) days must be approved by Landlord. Tenant the Director of Parks and Executive Director and such decision shall not permit any nuisance be based upon past and projected attendance, use, sales, or waste upon services offered by the Premises or allow any offensive noise or odor in or around Supplier as to minimize the Premises to emanate outside negative effects on the guests of the Premisesproperty. Subject Supplier agrees to events beyond Landlord’s control maintain and operate such premises and areas adjacent to such premises to a distance not less than fifty (50) feet, in a clean, safe, and sanitary condition, free of trash, garbage or for safety or health reasonsother obstructions, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, in compliance with any and all applicable provisions State and Federal laws, general rules or regulations of any governmental authority. Any proposed changes to the April 29landscaping or outside grounds surrounding the premises must be approved in writing by OTRD before the commencement of work. If Supplier sells merchandise, 2002 Transportation Management Planthen Supplier shall submit, at the commencement of this Contract, and on the 1st day of May of each year that the business shall operate, a copy complete list of which has been supplied prices of all merchandise to Tenantbe sold. These prices shall be competitive with those charged by similar businesses in the same region at the same time. OTRD reserves the right to approve or amend the designs and proposed pricing of said merchandise. If any governmental authority shall deem the Premises to be Supplier is operating a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than facilities for the Premises) sale of merchandise, then Supplier shall be required to sell OTRD Merchandise in such facilities. OTRD will work with the Supplier to develop a list of merchandise to be a “place of public accommodation” under sold at agreed upon prices. If Supplier chooses to use OTRD designs, OTRD reserves the ADA or any other comparable law as a result right to approve said designs before production has commenced. Regarding merchandise pricing, the Supplier may raise prices with prior written approval by OTRD in an amount proportionate to the percentage increase in the cost of the uses permitted under applicable laws and item to the Master Use Permit or other land use permits for Supplier. Upon the Projectapproval of a change in pricing, Landlord an updated pricing list shall be responsible forprovided to OTRD. Supplier and OTRD shall, at its costfrom time to time, any alterationsreview items sold, structural and containers or otherwiseutensils used by Supplier and, required to be made to whenever possible, eliminate the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAuse of non-returnable containers, plastics, etc.
Appears in 1 contract
Sources: State Contract
Use of Premises. Tenant shall A. The design and configuration of the Terminal Building associates specific functions with specific locations in the Building. These locations and associated functions are as set forth on EXHIBIT C, attached hereto and made a part hereof. Airline’s use of the Premises only demised herein for biomedical laboratory researchthe conduct of its air transportation business shall be limited to the use in each area as set forth on EXHIBIT C, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s the prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Board. Airline shall not permit the use of its Premises for the offering or sale to the public of any other services, including but not limited to, the sale of food, beverages, insurance or offering of other merchandise or services separate from Airline’s operation of its air transportation business.
B. Airline shall have exclusive use of those areas listed as “Exclusive” on EXHIBIT C, attached hereto and made a part hereof, for use in operating its air transportation business. Such Exclusive Space shall be designated as space used for office, ticket counters, baggage service, maintenance and operations functions of Airlines and use of such Exclusive Space shall be as set forth on EXHIBIT C, hereto.
C. Airline shall be the primary user of those areas designated as “Preferential Use” on EXHIBIT C. Such Preferential Use Space shall include the queuing, baggage makeup, loading bridge(s), hold areas, aircraft parking and equipment storage on ramp and glycol pads. Use of such Preferential Space shall be in accordance with EXHIBIT C hereto. Airline agrees to accommodate use of such areas by other carriers in accordance with Section E of this Article and with ARTICLE 30 – ACCOMMODATION OF NEW AND/OR EXISTING CARRIERS, herein. Such users as used herein shall be defined as “Secondary Users” of the Preferential Premises. It is agreed that any loading bridges owned by the Airline or leased under separate agreement by Airline from the Board may be subject to the provisions contained herein regarding secondary use and accommodation of new or existing carriers as such provisions pertain to Preferential Space. Airline shall have the right to require an equipment sharing agreement and assess charges to such Secondary User; such charges to be subject to prior written approval by the Board. Any Non-Signatory Airline that Airline works with on an intermittent basis shall pay to the Board, a vivarium for animals larger than rodentsTerminal Access Fee that shall be based on the size of Aircraft. At either’s requestSaid fee shall be in addition to any fees assessed to the Non-Signatory Airline by Airline.
D. Airline shall share, Landlord together with others that space listed as “Common Use” on EXHIBIT C. Use of Common Use space shall be as set forth on EXHIBIT C.
E. It is understood and Tenant shall cooperate and assist each other in developing and implementing a communications plan for agreed that the Project and TenantBoard may limit Airline’s use of the PremisesAircraft Parking Position(s) demised herein to the time required for loading and unloading of aircraft and related services. Airline shall not do or perform any repair or maintenance work on its aircraft or store its aircraft at Aircraft Parking Position(s) in a manner so as to restrict a Secondary User’s rights. Aircraft parking in excess of such loading and unloading time shall be permitted if such Aircraft Parking Position(s) is/are not needed by a Secondary User. In the event an Aircraft Parking Position(s) is/are needed for loading or unloading of another aircraft (herein referred to as “Secondary Use”) Airline shall accommodate or provide for accommodation of such Secondary Use in accordance with ARTICLE 30 – ACCOMMODATION OF NEW AND/OR EXISTING CARRIERS, including any uses that may herein. If such accommodation necessitates relocation of Airline’s aircraft, such relocation shall be deemed controversialto a location designated by the Board. Cost of such relocation shall be borne by the Secondary User. The reasonable costs Board agrees that any secondary use by another airline be under the same time restrictions as set forth herein and shall not conflict with ▇▇▇▇▇▇▇’s scheduled use or delayed scheduled use of such Aircraft Parking Position(s) and as such schedule shall change from time to develop time. Airline shall have the right to assess charges to Secondary User; such charges to be subject to prior approval by the Board.
F. All repair, maintenance and overhaul work, testing, washing or implement a communications plan with respect to a Tenant use that is deemed controversial storage of aircraft or other Airline equipment shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed performed only upon those areas designated by the communications planBoard for such use. Except as permitted aboveAirline may, Tenant while its aircraft are parked on the apron or at the Aircraft Parking Position(s), perform customary fueling and servicing of aircraft preparatory to loading and take- off or immediately following landing and unloading.
G. Airline, its agents, employees, suppliers, passengers, guests and others doing business with Airline shall not allow any have the right of ingress and egress to and from the Premises and the public use areas/facilities used in connection therewith, over the Airport property and roadways, subject to rules and regulations governing the use of the Premises Airport and as same may be promulgated by the Board from time to time.
H. Airline agrees for itself, its agents and employees that it will not perform any acts or carry on any practices which will negatively affect would result in the cost necessity to repair or replace Airport property, normal wear and tear excluded, or be a nuisance or menace to other users of coverage of Landlord’s insurance on the Project. Tenant Airport.
I. Board covenants that upon paying the rent and performing the covenants and conditions herein contained, Airline shall not allow any inflammable or explosive liquids or materials to be kept on peacefully and quietly have, hold and enjoy the Premises except as authorized demised herein.
J. Board covenants and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use agrees that it is in lawful possession of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant property demised hereby and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any has good and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such lawful authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAexecute this Agreement.
Appears in 1 contract
Sources: Lease and Operating Agreement
Use of Premises. Tenant shall will use and occupy the Premises only for biomedical laboratory research, the uses set forth in Paragraph 1.5 and general office only to the extent such uses comply with Laws and administrative services and otherwise conform to the provisions of this Lease. Tenant acknowledges that it is solely responsible for no other purpose. Except as specifically provided for in this Section 6, determining if applicable Laws permit Tenant's anticipated uses within the Premises and that it is not a condition to the effectiveness of this Lease that Tenant's uses are permitted by Laws. Tenant may not store or hold cadavers or animals (live or dead) within the Premises overnight. Tenant shall not permit any of its animals to be used outside the Premises. Subject to the waiver set forth in Paragraph 15 and to the provisions of Paragraph 16, Tenant will pay for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall damage to any portion part of the Premises be used for a vivarium for animals larger than rodentsor Building or Project caused by any negligence or willful act by Tenant or Tenant's employees, agents, contractors or invitees. At either’s requestTenant will comply with the Building's Rules and Regulations as promulgated by Landlord from time to time, Landlord and Tenant shall cooperate and assist each other will not cause anywhere in developing and implementing a communications plan for the Project and Tenant’s use of Building or Project, or permit in the Premises, including (i) any uses that may be deemed controversial. The reasonable costs activity or thing contrary to develop applicable law, ordinance, regulation, restrictive covenant, or implement a communications plan with respect to a Tenant use that insurance regulation whether now in force or hereafter in force; or which is deemed controversial shall be paid by in any way extra-hazardous or could jeopardize the coverage of normal insurance policies or increase their cost; (ii) waste or nuisance, or any activity causing noise, vibration, or odors which disturbs or disrupts other tenants within the Building; (iii) cooking or heating food, except for incidental use, solely for Tenant; 's employees, of microwave ovens and beverage-brewing devices, provided that any such costs shall be reasonably allocated between Tenant the foregoing do not use a flame and any other tenant whose use is addressed are approved by Underwriters Laboratories for residential use; (iv) overloading the communications plan. Except as permitted above, Tenant shall not allow any use floors or the structural or mechanical systems of the Premises which will negatively affect Building; or (v) obstruct or interfere with the cost rights of coverage other tenants or users of Landlord’s insurance on the Building or the Project. Tenant shall not allow erect or place any inflammable item in or explosive liquids or materials to be kept on upon the Common Areas, except as expressly permitted herein. Tenant shall store its waste either inside the Premises or in its own dumpsters located within outside trash enclosures. Tenant shall not store, place or maintain any garbage, trash, rubbish, other refuse or Tenant's personal property in any area of the Common Area or exterior of the Premises at any time, except as authorized provided in Paragraph 26. Tenant at its sole expense shall be responsible to maintain and permitted under Section 27 keep the designated trash enclosures free of this Leasegarbage, trash, rubbish, other refuse or personal property. Except as permitted aboveTenant shall at Tenant's sole cost and expense faithfully observe and promptly comply with all local, state and federal laws, statutes, ordinances and governmental resolutions, orders, rules, regulations and requirements (including, by way of example, building codes, Title 24, and the Americans With Disabilities Act of 1990) and with the requirements of any board of fire underwriters (or other similar body now or hereafter constituted) whether now in force or which may hereafter be in force with respect to Tenant's specific use, occupancy, modification or possession of the Premises, Tenant's business conducted in the Premises or the design, equipment condition, use or occupancy of the Premises by Tenant. Subject to the provisions of Paragraph 10.2(c), Tenant shall not allow any use of the Premises which would unreasonably interfere be responsible for compliance with any laws, codes, ordinances or other tenant or with the operation of the Project by Landlord. Tenant shall governmental directives where such compliance is not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises related specifically to emanate outside Tenant's specific use and occupancy of the Premises. Subject to events beyond Landlord’s control or for safety or health reasonsFor example, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If if any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem should require any portion of the Project (other than or the Premises to be structurally strengthened against earthquake, or should require the removal of Hazardous Materials from the Premises) to be a “place of public accommodation” under the ADA or any other comparable law , and such measures are imposed as a result general requirement applicable to all tenants rather than as a condition to Tenant's specific use or occupancy of the uses permitted under applicable laws Premises, such work shall be performed by Landlord, and the Master Use Permit cost thereof shall be an Operating Expense, subject to the exclusions set forth in Exhibit A. Tenant shall also comply with any covenant, condition or other land use permits for restriction affecting the Building or the Project. Landlord represents and warrants that, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than best of its knowledge, as of the Premises) under such laws. Landlord agrees that Landlord’s Work in date of this Lease, there are no CC&Rs applicable to the Premises shall comply with the ADAProject.
Appears in 1 contract
Sources: Lease (Intuitive Surgical Inc)
Use of Premises. 2.01. Tenant shall have the right to use and occupy the Premises only as follows: (I) primarily, for biomedical laboratory researchgeneral and executive office use, and, to the extent incidental to such general and executive office use, for computer and data processing, photocopying, kitchenette (including microwave and dishwasher), pantry and vending machine areas (the uses described in this clause (i) being herein called the "PRIMARY USE"); and (ii) secondarily, for (x) printing, and general (y) other uses incidental to the Primary Use which are consistent with a first-class office and administrative services and for no other purpose. Except as specifically provided for building (the uses described in this Section 6clause (ii) being herein called the "SECONDARY USES").
(a) Landlord, throughout the term of this lease, shall maintain in effect a Certificate of Occupancy for the Building (either temporary or permanent) which, subject to the completion by Tenant of its Initial Alterations (as such term is defined in Article 11 hereof) in accordance with this lease, will (I) permit the use of the Premises by Tenant for the Primary Use at occupancy levels, for each portion thereof, which are not less than the occupancy levels therefor set forth in the Certificate of Occupancy for the Building which is attached hereto as Schedule B (herein called the "ATTACHED CERTIFICATE OF OCCUPANCY"), and (II) permit the floors of the Premises to be loaded with a load at least equal to the permitted floor load set forth on the Attached Certificate of Occupancy; provided, however that Landlord shall not have no liability for a breach of the foregoing if such breach results from any act or omission of Tenant or any Tenant Party (as hereinafter defined), which act or omission violates any provision of this lease. Landlord makes no representation that -3- 8 the Attached Certificate of Occupancy is currently the existing Certificate of Occupancy which is actually in effect for the Building.
(b) If any governmental license or permit (other than a Certificate of Occupancy for the Building permitting the Premises to be used for the Primary Use at the occupancy levels and with the floor loads referred to in Section 2.02(a) above) shall be required for the proper and lawful conduct of business in the Premises or any part thereof and if the failure to have such license or permit would affect the Real Property, Landlord or any occupant of the Building, then Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and, upon request, deliver a copy thereof to Landlord. Additionally, if Tenant shall desire to use the Premises, or any portion thereof, for a use other purpose than the Primary Use at the occupancy levels and with the floor loads referred to in Section 2.02(a) above) and such use shall require a modification or amendment of the then existing Certificate of Occupancy for the Building, then, prior to so using the Premises or such portion thereof, Tenant, at its expense, shall procure any such required modification or amendment. The foregoing provisions are not intended to be deemed Landlord's consent to any Alterations or to a use of the Premises not otherwise permitted hereunder. Landlord shall execute (and provide any readily accessible information known by Landlord for) any applications and similar documents reasonably required in connection with obtaining any licenses or permits or any amendments or modifications of any Certificate of Occupancy for the Building required by the foregoing provisions of this Section 2.02(b), provided that such documents are in proper form. Tenant hereby agrees that it shall (i) reimburse Landlord all Landlord's out-of-pocket expenses incurred in connection with Tenant's obtaining of any such license, permit, amendment or modification (including without limitation those incurred in connection with Landlord’s prior written consent 's execution of any applications and similar documents, or its provision of information, as provided in the preceding sentence), and (ii) indemnify and hold harmless Landlord against any and all liabilities which consent Landlord may not be unreasonably withheldincur by reason of its execution of any applications and similar documents, conditioned or delayed by Landlordits provision of information, as provided in the preceding sentence; provided, however, that neither such reimbursement nor such indemnity shall include any such expenses or liabilities to the extent that (A) the same would be, or would have been, discharged, satisfied or avoided by Landlord's performance of its obligations under this lease (including without limitation its obligations under Articles 8 and 13 hereof), or (B) the same arises out of any inaccuracy in no event any information provided by Landlord.
(c) In connection with the initial Alterations, Landlord, promptly after its approval of such Initial Alterations in accordance with the provisions of Article 11 hereof, shall deliver to Tenant a Form ACP-5 executed by Landlord's hygienist with respect to Premises. In connection with any portion Alterations made subsequent to the Initial Alterations, Landlord, reasonably promptly after a request therefor and its approval of such Alterations in accordance with the provisions of
2.03. Tenant shall not at any time use or occupy the Premises be used for a vivarium for animals larger than rodents. At either’s requestor the Building, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s or suffer or permit anyone to use of or occupy the Premises, including in any uses manner, or do anything in the Premises or the Building, or suffer or permit anything to be done in, brought into or kept on the Premises, which (a) violates the Certificate of Occupancy for the Building (except to the extent such violation is attributable to Landlord's failure to comply with its obligations under Section 2.02), (b) impairs the proper and economic maintenance, operation and repair of the Building and/or its equipment, facilities or systems (except to the extent that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by impairment arises out of the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises for the Primary Use), (c) constitutes a nuisance, public or private, (d) makes unobtainable from reputable insurance companies authorized to do business in New York State all risk property insurance, or liability, elevator, boiler or other insurance at standard rates, or (e) discharges objectionable fumes, vapors or odors into the Building's flues or vents or otherwise, except to the extent such fumes, vapors or odors are discharged into flues or vents designed for such purposes and which will negatively affect Tenant, pursuant to the cost terms of coverage of Landlord’s insurance on the Projectthis lease, is permitted to use.
2.04. Tenant shall not allow any inflammable use, or explosive liquids suffer or materials permit anyone to be kept on use, the Premises except as authorized or any part thereof, by or for (i) an agency, department or bureau of the United States Government, (ii) any state or municipality within the United States or any foreign government, or any political subdivision of any of them, (iii) an employment or travel agency (other than an executive search firm and permitted under Section 27 of other than an employment or travel agency primarily serving Tenant's employees), (iv) any charitable or religious organization or union (it being agreed that this Lease. Except as permitted above, Tenant clause shall not allow any use prohibit such an organization from using discrete portions of the Premises which would unreasonably interfere with any on a short-term basis and for discrete purposes, provided that Tenant receives no consideration therefor), (v) a school or classroom (it being agreed that this clause shall not prohibit Tenant from occasionally, temporarily or permanently using conference rooms or other tenant or with the operation areas of the Project by Landlord. Premises for training purposes and lectures in connection with and incidental to Tenant's business, it being understood that all such uses shall be considered secondary Uses and, accordingly, that Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for obtaining any alterationspermits or licenses required in connection therewith), structural (vi) medical or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority psychiatric offices (it being agreed that this clause shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.not prohibit Tenant from employing
Appears in 1 contract
Sources: Lease (Global Decisions Group LLC)
Use of Premises. 6.1 Tenant shall use covenants and agrees that throughout the term of this Lease the Demised Premises will be used only for biomedical laboratory researchpolymer product manufacturing, packaging warehousing, research and development, and general office offices.
6.2 Tenants covenants and administrative services agrees that throughout the term of this Lease and for no other purpose. Except as specifically provided for in this Section 6any extension or renewal thereof:
(a) It will not overload, damage or deface the Premises shall not be used for any other purpose without Landlord’s prior written consent Premises;
(b) It will conform to all reasonable rules which consent Landlord may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of make from time to time relative to the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord operation and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the property;
(c) It will at all times fully and promptly comply with all laws, ordinances, orders and regulations of any lawful authority having jurisdiction of the Demised Premises, including any uses that may be deemed controversial. The reasonable costs including, but not limited to, such as related to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant the venting of noxious odors and any other tenant whose use is addressed by the communications plan. Except as permitted abovefumes, Tenant shall not allow any cleanliness, safety, occupation and use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the said operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor business conducted in or around at the Premises Demised Premises;
(d) It will vent all noxious and hazardous odors and fumes from its operations, maintain humidity controls, maintain noise levels and provide safe procedures for the handling and storage of chemicals and other hazardous materials in such a manner so as not to emanate outside affect or interfere with other tenants in the building, or occupants of other properties adjacent to or within close proximity of the Premises. Subject building, and in such a manner so as not to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access cause damage to the Premises 24 hours per daybuilding, 7 days a week. Tenant shall complythe building lot upon which the building is located, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenantneighboring properties. If any governmental authority the Tenant fails to comply with this provision, the Landlord may install said ventilation or other controls and charge the Tenant the reasonable costs thereof which the Tenant agrees to pay as additional rent, or at the Landlord's election, the Landlord may terminate this Lease upon thirty (30) days written notice to the Tenant;
(e) It will place all of its rubbish and waste in the area designated by the Landlord, and it shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for the costs of the removal of said rubbish;
(f) It will not place any alterations, structural or otherwise, required to be made sign upon premises without first submitting the design and proposed location of the sign to the Building or the Premises under Landlord and receiving written approval from Landlord of such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws design and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAlocation.
Appears in 1 contract
Sources: Lease (Discas Inc)
Use of Premises. Tenant a. The Premises shall be used for the purposes set forth in Section 1(l) of the Lease. Landlord acknowledges and agrees that Tenant's contemplated use of the Premises shall include the installation, operation, maintenance, repair and replacement of telecommunications equipment and related facilities by Tenant's customers and vendors (the "Collocate"). The Collocates shall be entitled to use the Premises only for biomedical laboratory research, at no additional charge and general office without requiring the consent of Landlord. The Collocates shall have the right to bring fiber and administrative services related facilities into the Premises through the conduits and for space utilized by Tenant at no other purposeadditional charge and without requiring the consent of Landlord. Except as specifically provided for in this Section 6However, the Premises Collocates shall not be used for any have the right to interconnect to other purpose tenants in the Building (excluding the Premises) without Landlord’s the prior written consent of Landlord, which consent may shall not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, delayed. It is acknowledged and agreed that in no event shall Landlord does not have any portion direct contractual relationship with the Collocates or responsibility for the actions of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other Collocates in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the ProjectBuilding. Tenant shall not allow create any inflammable nuisance or explosive liquids trespass or materials to be kept vitiate the insurance or increase the rate of insurance on the Premises except as authorized and permitted under Section 27 of this Leaseor the Building. Except as permitted above, Tenant shall agrees not allow any use to overload the floor(s) of the Premises or the Building. Tenant agrees not to use the Premises for any purpose or business which would unreasonably is illegal, noxious, offensive because of emission of noise, creates smoke, dust, or odors or which could damage the Building or the Lands environmentally or otherwise or be a nuisance or menace to or interfere with any other tenant or the public.
b. Simultaneously herewith, Tenant shall furnish Landlord with all Standard Industrial Classification numbers as issued by the operation United States, the State of New Jersey or any other governmental authority ("SIC"), which relates to the business of the Project by Tenant and the uses and purposes for which the Premises shall be utilized, together with all additions and/or amendments thereto, prior to creating any such addition or amendment. Landlord. , within thirty (30) days following receipt of notice of any addition or amendment thereto, shall have the right to refuse to permit such change or addition in use and/or in SIC and upon notification to Tenant of such refusal, Tenant shall not permit any nuisance have the right to effect such changes or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAaddition.
Appears in 1 contract
Sources: Lease Agreement (Equinix Inc)
Use of Premises. a) Tenant may only use the Premises for an office or laboratory in accordance with the terms hereof and the rules and regulations now or hereafter adopted by Landlord for the Incubator.
b) Tenant agrees to keep the Premises in good order and condition during the term of this agreement.
c) Tenant shall use the Premises only for biomedical laboratory researchin connection with the Tenant’s business; as such business was described and presented to the Executive Director, or the Tenant Selection and general office and administrative services Review Committee, and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose business without Landlord’s prior prior, written consent consent.
d) Tenant specifically agrees not to hold itself out as representing the State of New York, The State University of New York, or SBU in connection with the use of State- owned property to which consent this Lease relates, nor shall the name of the State of New York, the State University of New York, or SBU be used by Tenant for any purpose without prior, specific written approval of the party whose name is to be used.
e) Tenant shall meet with Landlord at least annually, at a time determined by Landlord, for the purpose of reviewing the Tenant’s business plan or part thereof and compare the proposed plan of action against reality. Should the Tenant fail to develop a business plan the lease may not be unreasonably withheldrenewed.
f) Tenant will contract through the Research Foundation of the State University of New York, conditioned hereinafter referred to as the “Foundation”, for any business and research-related tasks to be performed by faculty or delayed staff of SBU utilizing University facilities. Faculty and staff are permitted to consult with Tenant in accordance with the SUNY Policy (Title J. Patents, Inventions and Copyright Policy, furnished upon request); described in SUNY Policies of the Board of Trustees, 2006 (amended July 26, 2006), and also described by Landlord; provided, however, that the SBU Office of Technology Licensing and Industry Relations.
g) Tenant may seek and submit proposals for collaborative efforts and joint ventures to Economic Development Groups at SBU for mutual benefit. Accepted proposals will be administered by separate contracts which shall in no event shall way diminish or change any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 provision of this Lease. Except as permitted above, The failure of Tenant shall not allow to fulfill its obligations herewith or the breach of any use of the Premises which would unreasonably interfere terms hereof or any misrepresentation made by Tenant in connection with any other tenant or with the operation of the Project by Landlord. Tenant this Lease shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant constitute a default hereunder and its employees Landlord shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall complyright, at Tenant’s costits option, with to terminate this Lease, in addition to any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied other remedies and rights available to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws it in equality and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAlaw.
Appears in 1 contract
Sources: Lease Agreement (MetaStat, Inc.)
Use of Premises. Tenant 4.1 Lessee shall use and occupy the Leased Premises only for biomedical laboratory researchthe purpose of a bakery by-products processing plant, and general office and for associated parking, storage, administrative services and for no other purpose. Except as specifically uses, including historical uses made by Lessee on the Leased Premises at Lessee’s discretion (provided for in this Section 6, the Premises Lessee shall not be used required to utilize the Leased Premises for such uses), including without limitation, land management for hunting purposes, wildlife management, hunting, farming, company excursions and events, and for other uses as may be desired by Lessee for the operation of its business and for all normal purposes related thereto. Lessee will not use the Leased Premises for any other purpose without Landlord’s the prior written consent which consent of Lessor, although Lessee may not be unreasonably withheldremove any improvements on the Leased Premises at any time and/or cease operations on the Leased Premises as Lessee determines.
4.2 Lessee shall use and occupy the Leased Premises in accordance with applicable laws, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow permit any use of the Leased Premises that would (i) constitute waste or a nuisance, (ii) increase Lessor’s risk of loss or damage to the Leased Premises, (iii) increase the premiums for insurance maintained by Lessor on the Leased Premises over those which will negatively affect would apply to the cost normal commercial use of coverage the Leased Premises without paying the difference caused by any change in use, or (iv) cause a cancellation of Landlord’s any policy of casualty, public liability or other insurance on the Project. Tenant shall not allow any inflammable Leased Premises by the carrier or explosive liquids or materials to be kept on carriers then being used.
4.3 Upon the Premises except as authorized and permitted under Section 27 termination of this Lease. Except as permitted above, Tenant shall not allow any use Lessee will peacefully and quietly surrender possession of the Leased Premises which would unreasonably interfere to Lessor and deliver the Leased Premises, together with all improvements, fixtures and appurtenances, except trade fixtures and equipment removed by Lessee pursuant to Section 5.2, in as good order and condition as when entered upon, except for ordinary wear and tear from normal use and damage by fire or other casualty not caused by Lessee, and natural obsolescence.
4.4 Lessee shall comply promptly with all laws, ordinances, regulations, and orders of all governmental authorities, including, without limitation, those relating to protection of health and the environment and to the treatment, storage, disposal and discharge of hazardous substances and solid waste (as those terms are defined in the applicable laws, rules, regulations and orders), and the requirements of any other tenant insurance company or with insurance inspection bureau that are applicable to the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Leased Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond LandlordLessee’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAthereof.
Appears in 1 contract
Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory research, and general office purposes, ancillary uses and administrative services any other uses that are permitted under the Approved Site Plan, applicable zoning laws and other Legal Requirements (as hereinafter defined) and are compatible with a Class A suburban office complex and the Viable Building Standards attached hereto as Exhibit C (the "VIABLE BUILDING STANDARDS"), and for no other use or purpose. Except as specifically provided for in this Section 6The parties hereby agree that the following uses are compatible with a Class A suburban office complex and the Viable Building Standards: health club/fitness center, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldoutdoor fitness trail, conditioned or delayed by Landlord; providedday care center, howeversundries/lobby shop, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodentslaundry/dry cleaning drop-off service, and food service operations. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow use or occupy the Premises for any unlawful purpose or in any manner that will constitute waste, nuisance or unreasonable annoyance. Tenant's use of the Premises which will negatively affect shall also comply with all present and future laws, ordinances (including zoning ordinances and land use requirements), regulations, and orders of the cost City of coverage Gaithersburg, Mont▇▇▇▇▇▇ ▇▇▇nty, the State of Landlord’s insurance on Maryland and any other public or quasi-public authority having jurisdiction over the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on Premises, concerning the Premises except as authorized use, occupancy and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use condition of the Premises which would unreasonably interfere with and all machinery, equipment and furnishings therein (together referred to herein as "LEGAL REQUIREMENTS").
6.2 Tenant, through the Development Manager selected by Tenant, shall obtain the initial non-residential use permit and any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside similar governmental approvals which may be required for Tenant's occupancy of the Premises. Subject It is expressly understood that if any present or future Legal Requirements require any other permit(s) for the Premises due to events beyond Landlord’s control Tenant's particular use thereof, or for safety Tenant's improvements or health reasonsfuture alterations thereto, that Tenant will obtain such permit(s) at Tenant's own expense. Further, Tenant and its employees shall have access will comply with all Legal Requirements which impose on Landlord or Tenant a duty relating to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law arising as a result of Tenant’s use's use or occupancy of the Premises. In particular, Tenant shall either modify its use without limiting the generality of the foregoing, any and all alterations or additions to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, the Premises (including the base building and tenant improvements) that are required to be made as a result of Legal Requirements (now existing or hereafter enacted) shall be made by Tenant at Tenant's sole cost and expense and in accordance with the requirements of Article IX hereof. Notwithstanding anything contained herein to the contrary, any alterations or additions to the base building that are required to be made as a result of Legal Requirements enacted after the Lease Commencement Date shall be made by Landlord and shall be amortized on a straight-line basis over the useful life of the improvement, and the amortized portion for each calendar year shall be includable in Operating Expenses hereunder for the corresponding calendar year. Tenant shall promptly pay all fines, penalties and damages that may arise out of or be imposed on Landlord or Tenant because of Tenant's failure to comply with the provisions of this Section.
6.3 Tenant shall pay any business, rent or other taxes that are now or hereafter levied upon Tenant's use or occupancy of the Premises, the conduct of Tenant's business at the Premises, or Tenant's equipment, fixtures or personal property. In the event that any such taxes are enacted, changed, or altered so that any of such taxes are levied against Landlord, or the mode of collection of such taxes is changed so that Landlord is responsible for collection or payment of such taxes, Tenant shall pay any and all such taxes to Landlord within fifty (50) days following written demand from Landlord.
6.4 Tenant shall not cause or permit any Hazardous Materials to be generated, used, released, stored or disposed of in or about the Building or the Complex, provided that Tenant may use and store reasonable quantities of standard office supplies and cleaning materials as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises and in compliance with all Environmental Laws and other applicable Legal Requirements. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord free of Hazardous Materials (except any that may be Landlord's responsibility pursuant to Section 6.5 hereof and any that are otherwise not Tenant's responsibility pursuant to the terms of this Article VI) and, subject to the foregoing parenthetical, in compliance with all Environmental Laws. "HAZARDOUS MATERIALS" means (a) asbestos and any asbestos containing material and any substance that is then defined or listed in, or otherwise classified pursuant to, any Environmental Law or any other applicable Law as a "hazardous substance," "hazardous material," "hazardous waste," "toxic substance," "toxic pollutant" or any other formulation intended to define, list, or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, or Toxicity Characteristic Leaching Procedure (TCLP) toxicity, (b) any petroleum and drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources, and (c) any petroleum product, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive material (including any source, special nuclear, or byproduct material), chlorofluorocarbon, lead or lead-based product, and any other substance whose presence would be detrimental to the Building or the Premises under such lawsLand or hazardous to health or the environment. If "ENVIRONMENTAL LAW" means any governmental authority shall deem present and future Law and any portion of the Project amendments (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Projectwhether common law, Landlord shall be responsible forstatute, at its costrule, any alterationsorder, structural regulation or otherwise), required to be made permits and other requirements or guidelines of governmental authorities applicable to the Building or the Land and relating to the environment and environmental conditions or to any Hazardous Material (other than including, without limitation, CERCLA, 42 U.S.C. Section 9601 et seq., the PremisesResource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq., the Clean Air Act, 33 U.S.C. Section 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq., the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. Section 1101 et seq., the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., and any so-called "Super Fund" or "Super Lien" law, any Law requiring the filing of reports and notices relating to hazardous substances, environmental laws administered by the Environmental Protection Agency, and any similar state and local Laws, all amendments thereto and all regulations, orders, decisions, and decrees now or hereafter promulgated thereunder concerning the environment, industrial hygiene or public health or safety). At all times, and notwithstanding any termination of this Lease, Tenant shall indemnify and hold Landlord, its employees and agents harmless from and against any damage, injury, loss, liability, charge, demand or claim based on or arising out of the presence or removal of, or failure to remove, Hazardous Materials generated, used, released, stored or disposed of by Tenant or its employees, agents, contractors, licensees or invitees (collectively, "INVITEES") under such laws. Landlord agrees that Landlord’s Work in or about the Premises shall comply with Building or the ADA.Complex, whether before or after the Lease
Appears in 1 contract
Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory research, and general office and administrative services use (including ancillary uses, such as food service for Tenant’s employees) consistent with other office tenant uses in Class A office buildings in the Market Area, and for no other use or purpose. Except Tenant shall not use or occupy the Premises for any unlawful purpose or in any manner that will constitute waste, nuisance or unreasonable annoyance to the Landlord or other tenants of the Building. Tenant shall comply with all Legal Requirements concerning the use, occupancy or condition of the Premises and all machinery, equipment and furnishings therein, and any Alterations made by Tenant, including, but not limited to the Americans with Disabilities Act and regulations promulgated from time to time thereunder applicable to the Premises, but excluding (i) common areas, Base Building Systems and the Base Building Work to be performed by Landlord, and (ii) alterations to the Base Building Work that apply to the Building as specifically provided a whole, as opposed to Tenant’s particular use of the Premises (as distinct from office use generally). If any Legal Requirement requires an occupancy or use permit or license for the Premises or the operation of the business conducted therein, then Tenant shall! obtain and keep current such permit or License at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. It is expressly understood that if any change in the use of the Premises by Tenant, or any alterations to the Premises by Tenant, or any future law, ordinance, regulation or order requires a new or additional permit from, or approval by, any governmental agency having jurisdiction over the Building, such permit or approval shall be obtained by Tenant on its behalf and at its sole expense. Further, Tenant shall comply with all Legal Requirements which shall impose a duty on Landlord or Tenant relating to or as a result of the use or occupancy of the Premises (subject to the exclusions to Tenant’s obligation set forth above). Tenant shall pay all fines, penalties and damages that may arise out of or be imposed on Landlord or Tenant because of Tenant’s failure to comply with the provisions of this Section 6Lease.
6.2 Tenant shall pay any business, rent or other taxes that are now or hereafter levied upon Tenant’s use or occupancy of the Premises, the Premises conduct of Tenant’s business at the Premises, or Tenant’s equipment, fixtures or personal property. In the event that any such taxes are enacted, changed or altered so that any of such taxes are levied against Landlord or the mode of collection of such taxes is changed so that Landlord is responsible for collection or payment of such taxes, Tenant shall pay any and all such taxes to Landlord upon written demand from Landlord.
6.3 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be used generated, used, released, stored or disposed of in or about the Building, provided that Tenant may use and store in accordance with all Environmental Laws reasonable quantities of standard cleaning and office materials as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord free of Hazardous Materials and in compliance with all Environmental Laws. “Hazardous Materials” means (a) asbestos and any asbestos containing material and any substance that is then defined or listed in, or otherwise classified pursuant to, any Environmental Law or any other purpose applicable Law as a “hazardous substance,” “hazardous material,” “hazardous waste,” “infectious waste,” “toxic substance,” “toxic pollutant” or any other formulation intended to define, list, or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, or Toxicity Characteristic Leaching Procedure (TCLP) toxicity, (b) any petroleum and drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources, and (c) any petroleum product, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive material (including any source, special nuclear, or byproduct material), medical waste, chlorofluorocarbon, lead or lead-based product, and any other substance whose presence could be detrimental to the Building or the Land or hazardous to health or the environment. “Environmental Law” means any present and future law and any amendments (whether common law, statute, rule, order, regulation or otherwise), permits and other requirements or guidelines of governmental authorities applicable to the Building or the Land and relating to the environment and environmental conditions or to any Hazardous Material (including, without limitation, CERCLA, 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Air Act, 33 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. § 300 feet seq., the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. § 1101 et seq., the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq., and any so-called “Super Fund” or “Super Lien” law, any Law requiring the filing of reports and notices relating to hazardous substances, environmental laws administered by the Environmental Protection Agency, and any similar state and local laws, all amendments thereto and all regulations, orders, decisions, and decrees now or hereafter promulgated thereunder concerning the environment, industrial hygiene or public health or safety). Notwithstanding any termination of this Lease, Tenant shall indemnify and hold Landlord, its employees and agents harmless from and against any damage, injury, loss, liability, charge, demand or claim based on or arising out of the presence or removal of, or failure to remove, Hazardous Materials generated, used, released, stored or disposed of by Tenant or any invitee in or about the Building, whether before or after Lease Commencement Date. In addition, Tenant shall give Landlord immediate verbal and follow-up written notice of any actual or threatened Environmental Default (as defined below), which Environmental Default Tenant shall cure in accordance with all Environmental Laws and to the satisfaction of Landlord and only after Tenant has obtained Landlord’s prior written consent consent, which consent may shall not be unreasonably withheld, conditioned or delayed delayed. An “Environmental Default” means any of the following by Tenant or any Invitee: a violation of an Environmental Law; a release, spill or discharge of a Hazardous Material on or from the Premises, the Land or the Building; an environmental condition requiring responsive action; or an emergency environmental condition. Upon any Environmental Default, in addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to immediately enter the Premises, to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to immediately address same to Landlord’s satisfaction, to perform, at Tenant’s sole cost and expense, any lawful action necessary to address same. If any fender or governmental agency shall require, as a result of any act or omission by Tenant or its Invitees, testing to ascertain whether an Environmental Default is pending or threatened, then Tenant shall pay the reasonable costs therefor as Additional Rent. Promptly upon request, Tenant shall execute from time to time affidavits, representations and similar documents concerning Tenant’s best knowledge and belief regarding the presence of Hazardous Materials at or in the Building, the Land or the Premises. Landlord represents that, except as specified in that certain Phase I Environmental Site Assessment prepared by O’Brien & ▇▇▇▇ dated May 1, 1995, that certain Phase I Environmental Site Assessment prepared by Engineering Consulting Services dated September 22, 1998 and Addendum dated December 17, 1998, and that certain Phase I Environmental Site Assessment prepared by Blackstone Consulting dated December 27, 2002 (collectively, the “Environmental Report”),to its actual knowledge as of the date of this Lease, based solely and exclusively on the Environmental Report and no further or additional. inspection or inquiry having been made, neither the Premises, nor the Land (collectively, “Property”) contain any Hazardous Materials nor have any Hazardous Materials been used in the construction or development of the Property, nor will the use of any such materials knowingly be permitted by Landlord. In the event Landlord is advised, or it shall come to Landlord’s attention, that Hazardous Materials exist in the Property (i.e., in the Building or in, on, or about the Land), if mandated by any Legal Requirement, Landlord shall take all reasonable steps necessary to promptly remove or otherwise ▇▇▇▇▇, at Landlord’s expense, all such Hazardous Materials, and in doing so, Landlord shall use its reasonable efforts not to materially interfere with the conduct of Tenant’s business; provided, however, that in no event Landlord shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall complyremove, at Tenant’s costexpense, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem Hazardous Materials from the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) which Tenant, its employees, agents, subcontractors or any other comparable law as a result of Tenant’s usesubtenants shall have introduced or otherwise brought in, Tenant shall either modify its use to cause such authority to rescind its designation on or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than about the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.
Appears in 1 contract
Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory researchgeneral office purposes and uses incidental to general office use, including without limitation, conference and training facilities and a fitness facility for Tenant's employees, and general office other uses to the extent not prohibited under applicable laws and administrative services necessary for the conduct of the business in which Tenant is engaged as of the date of this Lease, and for no other use or purpose. Except as specifically provided for in this Subject to Landlord's obligations under Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above6.4 hereof, Tenant shall not allow use or occupy the Premises for any unlawful purpose or in any manner that will constitute waste, nuisance or unreasonable annoyance to Landlord or other occupants of the Building. Subject to Landlord's obligations under Section 6.4 hereof, Tenant's use of the Premises which will negatively affect shall also comply with all present and future laws, ordinances (including zoning ordinances and the cost land use requirements), regulations, and orders of coverage the County of Landlord’s insurance on Fairfax, Commonwealth of Virginia, and any other public or quasi-public authority having jurisdiction over the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on Premises, concerning the Premises except as authorized use, occupancy and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use condition of the Premises which would unreasonably interfere and all machinery, equipment and furnishings therein (together referred to herein as the "Legal Requirements"). Landlord hereby warrants to Tenant that the Building and all work performed by Landlord in the Premises, when completed, will comply in all material respects with all applicable Legal Requirements, including without limitation, the Americans With Disabilities Act of 1990.
6.2 The party performing the Leasehold Work pursuant to Exhibit B hereto shall obtain the initial non-residential use permit and any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside similar governmental approvals which may be required for Tenant's occupancy of the Premises. Subject It is expressly understood that if any present or future Legal Requirements require any other permit(s) for the Premises due to events beyond Tenant's particular use thereof (as distinct from general office use), or Tenant's improvements or future alterations thereto, that Tenant will obtain such permit(s) at Tenant's own expense. Further, subject to Landlord’s control or for safety or health reasons's obligations under Section 6.4 hereof, Tenant and its employees shall have access will comply with all Legal Requirements which impose on Landlord or Tenant a duty relating to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law arising as a result of Tenant’s use's use or occupancy of the Premises. Tenant shall promptly pay all fines, penalties and damages that may arise out of or be imposed on Landlord or Tenant because of Tenant's failure to comply with the provisions of this Section. Landlord shall promptly pay all fines, penalties and damages that may arise out of or be imposed on Landlord or Tenant because of Landlord's failure to comply with the provisions of this Section, and any such fines, penalties or damages shall not be Expenses hereunder.
6.3 Tenant shall pay any business, rent or other taxes that are now or hereafter levied upon Tenant's use or occupancy of the Premises, the conduct of Tenant's business at the Premises, or Tenant's equipment, fixtures or personal property. In the event that any such taxes are enacted, changed, or altered so that any of such taxes are levied against Landlord, or the mode of collection of such taxes is changed so that Landlord is responsible for collection or payment of such taxes, Tenant shall either modify its use pay any and all such taxes to cause such authority to rescind its designation or be responsible Landlord upon written demand from Landlord.
6.4 Landlord shall construct the base Building in compliance with all applicable laws, building codes and governmental and quasi-governmental regulations and ordinances in effect as of the date hereof, and in a manner that accommodates all technological capabilities necessary for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) systems to be a “place of public accommodation” under the ADA or any other comparable law operate without interruption as a result of the uses permitted under applicable laws and transition from calendar year 1999 to calendar year 2000. Notwithstanding anything to the Master Use Permit or other land use permits for the Projectcontrary contained in this Lease, it is agreed that Landlord shall be responsible forfor complying with all present and future Legal Requirements with respect to (i) those elements and components of the base-building structure and systems that are situated outside the perimeter of the Premises or are within vertical penetrations running through the Premises (and Tenant shall be responsible for complying with any present or future Legal Requirements with respect to such elements and components of the base-building structure and systems that are situated within the perimeter of the Premises, at but not within vertical penetrations running through the Premises) and (ii) the common areas of the Building, unless such Legal Requirements are imposed because of Tenant's particular use of the Premises (as opposed to office use generally) or any improvements constructed by Tenant in the Premises.
6.5 Tenant covenants not to bring any Hazardous Materials onto the Land, the Building or the Premises. Notwithstanding the foregoing, Tenant or its costagents may use and store within the Premises reasonable quantities of customary office and cleaning supplies; provided such items are stored, used and disposed of in accordance with applicable Legal Requirements. As used in this Lease, "Hazardous Materials" shall mean (a) "hazardous wastes," as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, (b) "hazardous substances," as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, (c) "toxic substances," as defined by the Toxic Substances Control Act, as amended from time to time, (d) "hazardous materials," as defined by the Hazardous Materials Transportation Act, as amended from time to time, (e) oil or other petroleum products, and (f) any alterations, structural or otherwise, required to substance whose presence in Landlord's commercially reasonable judgment could be made detrimental to the Building (other than or hazardous to health or the Premises) under such lawsenvironment. Tenant shall indemnify and hold Landlord agrees that Landlord’s Work in harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses arising during or after the Premises shall comply with the ADALease Term and arising from Tenant's breach of this Section 6.5.
Appears in 1 contract
Use of Premises.
(a) The Tenant shall continuously, actively and diligently throughout the Term of this Lease and any extensions thereof, in a first-class, reputable manner befitting the reputation and image of the Development, use the whole of the Premises only for biomedical laboratory research, and general office and administrative services [insert] purposes and for no other purposepurpose (the “Permitted Use”). Except The Tenant shall not use the Premises in a manner which does or could result in excessive demands being placed on the Building Systems or other Common Areas. The Tenant acknowledges that: (i) the Landlord is making no representation or warranty as specifically provided to the Tenant’s ability to use the Premises for in its intended use; and (ii) prior to executing this Section 6Lease, the Premises Tenant will be required to perform such searches, and satisfy itself, that its use is permitted under all Applicable Laws, and that the Tenant will be able to, and will, at its sole cost and expense, obtain an occupancy permit.
(b) The Tenant acknowledges and agrees that it shall not be used for permitted at any time during the Term and all extensions or renewals thereof to carry out any business in the Premises in such a manner as to infringe upon any exclusive use rights granted to certain other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldtenants of the Development and made known to the Tenant, conditioned or delayed by Landlord; provided, however, that any such exclusive use provisions do not prohibit the Tenant from conducting in no event shall any portion of and from the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other the Permitted Use defined in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversialSection 7.1(a) above. The Tenant also agrees that it shall not be permitted at any time during the Term and all extensions or renewals thereof to carry on business in the Premises in such a manner as to infringe upon any future exclusive uses of which the Landlord notifies the Tenant or of which the Tenant becomes aware, or with reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided efforts, should have become aware provided, however, that any such costs shall be reasonably allocated between exclusive use provisions do not prohibit the Tenant from conducting in and any other tenant whose use is addressed by from the communications planPremises the Permitted Use defined in Section 7.1(a) above. Except as permitted above, The Tenant shall not allow any use of indemnify and save the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with Landlord harmless from any and all applicable liability, losses, damages and expenses incurred or suffered by the Landlord in connection with the infringement or alleged infringement by the Tenant of any of such exclusive use provisions of listed or in remedying or attempting to remedy such infringement or alleged infringement including, without limitation, the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAlegal fees and expenses on a solicitor and client basis.
Appears in 1 contract
Sources: Lease Agreement
Use of Premises. a) The Tenant and Landlord agree that the driveway accessing the Premises as outlined in Schedule “B” (the “Easement Area”) shall be non-exclusive and the Landlord may continue to use the Easement Area and grant others rights to use the Easement Area in a manner that does not interfere with the Tenants rights. The Tenant shall not use the Easement Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, any manner that may interfere with the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of Landlords right to use the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Easement Premises.
b) The Tenant shall cooperate be responsible for all snow removal and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of yard maintenance on the Premises, including the Easement Area.
c) The Premises shall be used for residential purposes only.
d) The Tenant shall have the right to store sea-cans on the Premises for the Term of the Lease, unless otherwise agreed upon.
e) The Tenant shall make its best efforts during the continuance of this Lease well and sufficiently repair, maintain, amend and keep the Premises in as good and substantial state of repair as the Premises existed at the commencement of the lease together with all fixtures thereto belonging, or which at any uses that time during the said Term shall or may be deemed controversial. erected and made by the Landlord or the Tenant, when, where and so often as need shall be, structural repairs due to faulty workmanship in construction excepted.
f) The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such responsible for the costs shall be reasonably allocated between Tenant of repairing plugged toilets, sinks, dishwasher, drains, furnaces and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. all damage resulting directly or indirectly therefrom.
g) The Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterationsthe cost of repairing or replacing windows, structural screens, light fixtures, broken or otherwiseremoved during the tenancy.
h) The Tenant shall permit the Landlord, with or without workmen and others, at all reasonable times to enter upon and view the condition of the demised premises; and forthwith (so far as the Tenant is liable so to do hereunder) execute all repairs and works required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premisesdone hereunder.
i) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises The Tenant shall comply with all lawful by-laws, rules and regulations of any and every municipal and other authority which in any manner relate to or affect the ADAdemised premises.
j) The Tenant is responsible if windows are left open, causing plumbing to freeze or damage by rain to floors or windows.
Appears in 1 contract
Sources: Lease Agreement
Use of Premises. 6.1. Tenant shall will occupy and use the Premises only for biomedical laboratory research, research and development laboratories and offices for the design and development of electronic communication devices and general office use and administrative services and for no other purposepurposes. Except as specifically provided Tenant will not occupy or use the Premises (or permit the use or occupancy of the Premises) for any purpose or in this Section 6any manner which:
(A) is unlawful or in violation of any laws, ordinances, rules, regulations and other requirements currently existing and/or adopted by any governmental body, or agency or department having jurisdiction over the Project, the Premises shall not be used for any other purpose without or Landlord’s prior written consent or Tenant’s activities at the Premises and/or the Project and any covenants, conditions or restrictions of record which consent affect the Project (individually, a “Law” and collectively the “Laws”);
(B) may not be unreasonably withhelddangerous to persons or property or which may increase the cost of, conditioned or delayed invalidate, any policy of insurance carried on the Building or covering its operations;
(C) is contrary to or prohibited by Landlord; provided, however, that in no event shall any portion the terms and conditions of this Lease or the rules of the Premises Building as may be used for promulgated by Landlord from time to time during the Term; or
(D) would tend to create or continue a vivarium for animals larger than rodentsnuisance.
6.2. At either’s request, Landlord and Tenant shall cooperate acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) and assist each regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively the “ADA”) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises and the Building depending on, among other things:
(1) whether Tenant’s business is deemed a “public accommodation” or “commercial facility”, (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. The Parties hereby agree that: (a) Landlord will be responsible for ADA Title III compliance as of the date of this Lease, and also throughout this Lease as to the Common Areas (and the costs of work required to comply with amendments to the ADA after the Commencement Date will be amortized over its useful life and included in developing Operating Expenses as provided in Section 4.1(E)), except as provided below, and implementing a communications plan in connection with the completion of Landlord’s Work, (b) Tenant will be responsible for ADA Title III compliance in the Premises for all work other than Landlord’s Work to be performed in the Premises under or in connection with this Lease, (c) Landlord may perform, or require that Tenant perform, and Tenant will be responsible for the Project cost of, ADA Title III “path of travel” requirements to the extent triggered by alterations in the Premises following Delivery of Possession, and (d) Landlord may perform, or require Tenant to perform, and Tenant will be responsible for the cost of ADA Title III compliance in the Common Areas to the extent necessitated by the Building being deemed to be a “public accommodation” instead of a “commercial facility” as a result of Tenant’s use of the Premises. Tenant will be solely responsible for requirements under Title I of the ADA relating to Tenant’s employees. As of the Commencement Date, including any uses that the Premises will be in compliance with ADA Title III and all other applicable laws relating thereto.
6.3. Tenant will permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents will have the right to enter upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable upon not less than 24 hours prior notice to Tenant (unless an emergency exists in which event no prior notice will be required). Any entry or work by Landlord may be deemed controversial. The reasonable costs during normal business hours upon 24 hours’ prior notice to develop or implement a communications plan Tenant (except in the event of an emergency with respect to a Tenant which any entry or work may be done at any time) and Landlord will use that is deemed controversial shall be paid by Tenant; provided reasonable efforts to see that any such costs shall be reasonably allocated between Tenant entry or work will not materially interfere with Tenant’s occupancy and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which for the conduct of Tenant’s business operations.
6.4. So long as Tenant is in compliance with the covenants and conditions set forth in this Lease, Tenant will negatively affect have the cost right to quiet enjoyment of coverage the Premises without hindrance or interference from Landlord or those claiming through Landlord and subject to the rights of Landlord’s insurance on the Projectany mortgagee or ground lessor.
6.5. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on will comply with and execute at its own expense during and throughout the Premises except as authorized and permitted under Section 27 term of this Lease, all Laws, ordinary or extraordinary, foreseen or unforeseen, concerning the Premises, its occupancy or use thereof, or its physical condition.
6.6. Except as permitted aboveNotwithstanding anything to the contrary contained in this Lease, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall complywill be responsible, at Tenant’s costexpense, with for obtaining any and all applicable provisions of the April 29licenses, 2002 Transportation Management Planpermits, a copy of authorizations and approvals which has been supplied to Tenant. If may be required by any governmental authority shall deem the Premises Law to be a “place of public accommodation” under obtained for the Americans with Disabilities Act (“ADA”) or any other comparable law as a result proper and lawful conduct of Tenant’s usebusiness in the Premises, Tenant shall either modify its use to cause such authority to rescind its designation exclusive of a certificate of occupancy (or be responsible local equivalent) required for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion Tenant’s initial occupancy of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.
Appears in 1 contract
Use of Premises. 14.1 Tenant shall use the Premises only solely for biomedical laboratory research, and general office and administrative services the purposes set forth in Section 1.11 and for no other purpose. Except as specifically provided for in this Section 6, Neither Landlord nor any agent of Landlord has made any representation or warranty respecting the Premises or the Property or the suitability of the Premises or the Property for the conduct of Tenant's business, nor has Landlord agreed to undertake any alteration or improvement to the Premises or the Property, except for the Landlord's Work. Landlord may from time to time, in its sole discretion, make such alterations, deletions or improvements to the Property as Landlord may deem necessary or desirable, without compensation or notice to Tenant. Tenant shall promptly comply with and be responsible for its agents, employees or invitees complying with all laws, orders and regulations affecting its use of the Property. Tenant shall not do or permit anything to be used done in or about the Premises or Property or bring or keep anything in the Premises that will in any way increase the premium for fire or casualty insurance. Tenant will not perform any act or carry on any practice that may injure the Premises or the Property; that may be a nuisance or menace to other purpose without Landlord’s prior written consent which consent may not tenants of the Property; or that shall in any way interfere with the quiet enjoyment of such other tenants.
14.2 Tenant shall faithfully observe and comply with the rules that Landlord shall from time to time promulgate. Landlord reserves the right from time to time to make all reasonable modifications to such rules. The additions and modifications to those rules shall be unreasonably withheld, conditioned or delayed by Landlordbinding upon Tenant upon delivery of a copy of them to Tenant; provided, however, that such additions or modifications shall not impose additional monetary obligations on Tenant. Landlord shall not be responsible to Tenant for the non-compliance with any such rules by other tenants or occupants. The parties acknowledge that the rules attached hereto as EXHIBIT E are presently the rules which are in no event shall effect.
14.3 Tenant will not permit anything in the Premises that will increase the rate of any portion insurance or prevent Landlord from taking advantage of any ruling of an insurance bureau which would allow reduced rates for insurance policies or that may be dangerous to any person or the Property; Tenant will not permit any objectionable noise or odor to be emitted from the Premises, and; Tenant will not permit the Premises to be used for any illegal purpose. Tenant will comply at Tenant's own cost and expense with all orders, notices, regulations, or requirements of any municipality, state or other governmental authority arising from Tenant's use of said Premises. No article or articles which in the aggregate would exceed the design standard of the Premises shall be used for a vivarium for animals larger than rodents. At either’s request, moved into the Premises; Landlord shall have the right to fix the position within the Premises of any article of unusual weight.
14.4 Tenant agrees that the opening of its business in the Premises will be its acknowledgement that it has inspected and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of examined the Premises, including knows the condition thereof, and accepts same from Landlord in its present condition, and Landlord has satisfactorily completed all of Landlord's Work and thereby fulfilled any uses that may be deemed controversial. The reasonable costs obligations of Landlord to develop or implement a communications plan with respect to a Tenant use that is deemed controversial prepare the Premises for Tenant's use; provided, however, Landlord shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant remain responsible for the repair of latent defects in the following portions of the Building: (i) structural portions, (ii) the roof, and any other tenant whose use is addressed by (iii) the communications plan. Except as permitted above, utility systems.
14.5 Tenant shall not allow any use or permit the use of the Premises for the generation, storage, treatment, use, transportation, handling or disposal of any chemical, material or substance which will negatively affect is regulated as toxic or hazardous or exposure to which is prohibited, limited or regulated by any governmental authority, or which, even if not so regulated, may or could pose a hazard to the cost health or safety of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept persons on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use or other tenants or occupants of the Property or property adjacent thereto, and no such chemical, material or substance shall be brought onto the Premises which would unreasonably interfere with any other tenant or with without the operation of the Project by Landlord's express written approval. Tenant shall not permit agrees that it will at all times observe and abide by all laws and regulations relating to the handling of such materials and will promptly notify Landlord of (a) the receipt of any nuisance warning notice, notice of violation, or waste upon complaint received from any governmental agency or third party relating to environmental compliance and (b) any release by Tenant, or otherwise known to Tenant, of hazardous materials on the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a weekand/or Property. Tenant shall complyshall, in accordance with all applicable laws, carry out, at Tenant’s costits sole cost and expense, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, remediation required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws release of any hazardous substance by Tenant or by Tenant's agents, employees, contractors or invitees, from the Premises and/or Property. Notwithstanding the foregoing, Tenant shall have the right to bring on to the Premises reasonable amounts of cleaning material and the Master Use Permit or other land use permits like necessary for the Projectoperation of the Tenant's business, Landlord but Tenant's liability with respect to such materials shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work as set forth in the Premises shall comply with the ADAthis paragraph.
Appears in 1 contract
Sources: Lease Agreement (Cobalt Group Inc)
Use of Premises. Tenant THE HIRER shall not use the Premises only premises for biomedical laboratory research, any purpose other than that described in the hiring agreement and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not sub-hire or use the premises or allow the premises to be used for any other unlawful purpose or in any unlawful way nor do anything or bring onto the premises anything which may endanger the same or render invalid any insurance policies in respect thereof nor allow the consumption of alcohol thereon without Landlord’s prior written consent which consent may not be unreasonably withheldpermission. When more than one event is taking place at the same time, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access hirer must show consideration to the Premises 24 hours per day, 7 days a weekother. Tenant THE HIRER shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for leaving the premises and surrounding area in a clean and tidy condition, properly locked and secured unless directed otherwise and any alterationscontents temporarily removed from their usual positions properly replaced, structural or otherwise the committee shall be at liberty to make an additional charge. The HIRER shall ensure any rubbish, that is not able to fit in the bins provided inside, shall be placed in the appropriate bins outside. The HIRER shall ensure that any chairs used are stacked neatly and safely using the appropriate trolley unless directed otherwise. The HIRER shall ensure that all doors and windows are closed/locked, required to be made and all lights/electrical appliances are switched off before vacating the building unless directed otherwise. The HIRER shall report any damage to the Building fabric or the Premises under such laws. If any governmental authority shall deem any portion contents of the Project Village Hall to the Hall Coordinator immediately after the letting. The HIRER shall reimburse the Ellel Village Hall Trust Committee for all damage (Including accidental damage) to the premises or to the fixtures, fittings, or contents and for loss of contents. The HIRER shall ensure that no person shall bring place or erect any furniture, fittings, structures, or place or fix any additional or decorative lighting, or heating appliance, or any decoration shrubs, plants, or similar things or fix any advertisement in or upon any part of the hall without the previous consent of the Ellel Village Hall Committee. The HIRER shall ensure that none of the following items will be brought into the premises: - Illegal drugs, highly flammable substances, heating appliances, fireworks, animals (except guide or hearing dogs). The HIRER shall ensure that no alcohol is consumed on the premises other than that provided by the Premises) licensee appointed by the Ellel Village Hall Committee. Guests will not be permitted to be a “place bring their own supply of public accommodation” under the ADA or any other comparable law as a result alcohol to drink on our premises. The HIRER shall ensure that none of the uses permitted under applicable laws and the Master Preschool equipment or Outdoor play area is used. Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAof Preschool equipment is strictly prohibited by THE COMMITTEE.
Appears in 1 contract
Sources: Hiring Agreement
Use of Premises. Tenant TENANT shall use maintain the premises in a clean and sanitary condition and not disturb surrounding residents or the peaceful and quiet enjoyment of the premises or surrounding premises. TENANT shall install window shades or draperies (no foil, sheets, paper etc. allowed) within 15 days of taking occupancy if not already provided. Premises are to be used and occupied by the TENANT for only residential, non-business, private housing purposes only. TENANT shall not operate any type of day care or child sitting service on the premises. TENANT shall secure insurance immediately for biomedical laboratory researchany water filled devices with a loss payable clause to LANDLORD. No trampolines, athletic equipment, recreational equipment, or any items or activities which can cause interference with the insurance coverage on the premises will be permitted. No portable or inflatable pools shall be permitted without the express written permission of the LANDLORD and verification that no damage will occur to the lawn/ground/premises and there shall be no effect on insurance coverage of the premises. No nails, screws or adhesive hangers except standard picture hooks, shade brackets and curtain rod brackets may be placed in wall, woodwork or any part of premises. TENANT shall not keep or store any goods or materials of any kind that are combustible or could increase fire risk on the premises. TENANT is strictly prohibited from installing or using a permanent or portable fire pit anywhere on the premises, and general office may not otherwise light exterior fires. TENANT acknowledges burning of candles or incense is NOT permitted on the premises. TENANT is prohibited from storing or using on or near the premises a gasoline, diesel, LP, natural gas, or propane powered electric generator without prior written approval by LANDLORD and administrative services and for no other purposea Generator Use Addendum signed by all parties. Except as specifically provided for in this Section 6, the Premises TENANT shall not be used for permitted to keep any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldelectrically powered bicycles, conditioned or delayed by Landlord; providedscooters, howeverskateboards, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) hoverboards or any other comparable law transportation products using rechargeable batteries inside the premises. TENANT may only keep these products in the garage if a garage is provided as a result part of Tenant’s usethe tenancy. After the first 30 days of the TENANT taking occupancy, Tenant the TENANT shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion paying for all costs of the Project (other than the Premises) to be a “place extermination of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws pests and the Master Use Permit or other land use permits insects except for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAtermites.
Appears in 1 contract
Sources: Residential Lease
Use of Premises. (A) Tenant shall use and occupy the Demised Premises only solely for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of Administration of company business, and no other use shall be made thereof without the Project by prior, express and written consent of Landlord. Tenant shall not permit engage in any nuisance activity that violates any rules, regulations or waste upon ordinances of any governmental authority having jurisdiction over the Demised Premises or allow of the terms and conditions of this Lease. In the event Tenant uses the Demised Premises for purposes not expressly permitted herein Landlord may terminate this Lease, or, without notice to Tenant, restrain said improper use by injunction without warning any offensive noise other rights and remedies conferred on Landlord by the of this Lease or odor as otherwise provided by law. It is expressly acknowledged that Tenants business activity includes drug testing.
(B) Tenant shall have a non-exclusive right to the use of all streets, driveways and alleys that are adjacent to the Building. Tenant hereby acknowledges that the public parking areas provided by Landlord in and about the Building are intended primarily for use by customers of the Building, Tenant, within five (5) days of request from Landlord, shall furnish Landlord with a written statement of the names of all employees, agents and representatives employed in or around at the Demised Premises to emanate outside by Tenant, and the license registration number of the Premises. Subject to events beyond Landlord’s control all vehicles owned or for safety or health reasons, used by Tenant and its employees employees, agents, or representatives.
(C) Tenant shall have access comply with the requirements of all laws, orders, ordinances and regulations of all governmental authorities having jurisdiction over the Demised Premises, shall not use the Demised Premises in violation of the Certificate of Occupancy for the Building, and shall not do or permit any act upon the Demised Premises which might subject Landlord to the Premises 24 hours per day, 7 days a weekany liability or responsibility for injury to any person or damage to any property. Tenant shall complycomply with all rules, at Tenant’s cost, with any and all applicable provisions orders or requirements of the April 29, 2002 Transportation Management Plan, a copy National Board of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) Fire Underwriters or any other comparable law as a result similar body or any subdivision thereof and shall not do or permit or bring or keep anything m the Demised which shall increase the rate of Tenant’s useinsurance on the Building or on the property kept therein over that in effect at the commencement of the term and should Tenant fail to do so, Tenant shall either modify its use to cause Landlord on demand as additional rental hereunder for the increase on all insurance premiums thereafter payable and winch shall be charged because of such authority to rescind its designation violation by Tenant. In any action or be responsible proceeding wherein Landlord and Tenant are parties, a schedule or makeup of rates for any alterations, structural or otherwise, required to be made to the Building or the Demised Premises under such laws. If any governmental authority issued by the Florida Rating and Inspection Bureau or other similar body shall deem any portion be conclusive of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result facts therein stated and of the uses permitted under items and charges in the in insurance rate then applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAsaid premises.
Appears in 1 contract
Sources: Lease Agreement (Healthcomp Evaluation Services Corp)
Use of Premises. The Premises shall continuously and at all times during the Term be used and occupied by Tenant shall use only as medical offices for licensed physicians (“Physicians”) to engage in the Premises only for biomedical laboratory researchprivate practice of medicine and other related activities incidental thereto, and general office and administrative services and for no other purpose. Except Ancillary medical care services, including but not limited to clinical/pathological laboratory services and imaging services, provided to patients of physicians occupying the premises shall be permitted if: (a) such patients were not referred to such Physicians for the purpose of obtaining such services or procedures; (b) such services are incidental to and a necessary part of the examination or diagnosis rendered to Tenant’s patients (i.e. no provision of services to third parties), so long as specifically provided such clinical/pathological laboratory and radiological services are merely ancillary and incidental to such Tenant’s primary medical practice and neither constitute Tenant’s primary medical practice or specialty, or constitute the predominant services rendered by Tenant to Tenant’s patients; and (c) prior to providing such services, Tenant shall have submitted to Landlord a detailed description of the laboratory or x-ray services Tenant desires to provide or perform and Landlord shall have consented in writing to the provision or performance of such services, which consent may be denied in Landlord’s sole and absolute discretion (the provision of such services and procedures shall be strictly limited to those services and procedures to which Landlord has expressly consented in writing and the terms of this paragraph shall be strictly construed to prohibit any expansion or addition to such services or procedures without Landlord’s written consent). Tenant shall not dispense any drugs or medicines to persons other than Tenant’s own patients. Prior to the installation of any diagnostic, laboratory or radiology equipment for services permitted hereunder, Tenant shall provide Landlord with a list of such equipment; a list of any hazardous substances, wastes or materials, as hereinafter defined, which will be used or generated in connection with the use of such diagnostic, laboratory or radiology equipment; and Tenant’s proposed procedures for the use, storage and disposal of any hazardous substances, wastes or materials, including but not limited to the procedure for silver recover for any radiology equipment. All Physicians who conduct a medical practice and related activities upon the Premises (a “Practice”) must be and remain active members and associates in good standing on the active medical staff of Southwest Texas Methodist Hospital (the “Hospital”). Nothing in this Section 6Article IV or elsewhere in this Lease requires or shall require any Physician or any person associated with a Physician to refer any patient to or order or purchase any item of service from Hospital, Landlord or any of their affiliates. Each Practice conducted upon the Premises shall not at all times be used for any other purpose without conducted under the supervision and authority of a Physician and, except with Landlord’s prior written consent consent, which consent may be withheld in Landlord’s sole and absolute discretion, no such Physician shall (1) allow any other person or entity to purchase, manage or operate its Practice or (2) conduct the Practice while serving as an agent or employee of any other person or entity. Tenant shall act in accordance with and not be unreasonably withheld, conditioned violate any restrictions or delayed by Landlord; provided, however, that in no event shall any portion covenants of record affecting the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for or the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Building Tenant shall not allow use or occupy the Premises in violation of law or of the Certificate of Use of Occupancy issued for the Building of which the Premises are a part, and shall immediately discontinue any use of the Premises which will negatively affect is declared by either any governmental authority having jurisdiction or the cost Landlord to be a violation of coverage any law, code, regulation or a violation of Landlordsaid Certificate of Use or Occupancy Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s insurance on use or occupancy of the ProjectPremises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupancy thereof. Tenant shall not do nor permit to be done anything which will invalidate or increase the 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 promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this paragraph. Tenant shall not do nor permit anything to be done in, on or about the Premises which would in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or use or allow the Premises to be used for any inflammable immoral, unlawful or explosive liquids objectionable purpose, nor shall Tenant maintain or permit any nuisance or commit or suffer to be committed any waste in, on or about the Premises. Tenant shall not cause or permit the release or disposal of any hazardous substances, wastes or materials, or any medical, special or infectious wastes, on or about the premise or the Building of which they are a part and Tenant shall be solely responsible for and shall promptly pay the cost of removing all such hazardous substances, wastes and materials and any such medical, special and Infectious waste from the Premises, which removal shall be in accordance with all applicable governmental requirements. Hazardous substances, wastes or materials shall include those which are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC Section 9601 et seq; the Resource Conservation and Recovery Act, as amended, 42 USC Section 6901 et seq; the Toxic Substances Control Act, as amended 15 USC Section 2601 el seq; and medical, special or infectious wastes shall include those which are defined pursuant to be kept on the medical waste regulations which have been promulgated by the Federal Government or the state in which the Premises except are located, and as authorized further set forth in any state or local laws and permitted under Section 27 ordinances, and their corresponding regulations. Tenant shall comply with all rules and policies set by Landlord, and with all federal, state and local laws, regulations and ordinances which govern the use, storage handling and disposal of hazardous substances, wastes or materials and medical, special or infectious wastes. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims or liability arising out of or connected wish Tenant’s failure to comply with the terms of this Article IV, which terms shall survive the expiration or earlier termination of this Lease. Except as permitted aboveLandlord, may at its option, terminate this Lease in the event Tenant shall not allow any engages in a prohibited use or otherwise violates the terms of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises this Article IV and fails to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 cure such violation within thirty (30) days a week. Tenant shall comply, at following Tenant’s cost, with any and all applicable provisions receipts of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that written notice thereof from Landlord’s Work in the Premises shall comply with the ADA.
Appears in 1 contract
Sources: Medical Office Building Lease (LifeCare Holdings, Inc.)
Use of Premises. Tenant shall use The Resident acknowledges that the Premises is a single-family dwelling and will be used for occupancy by one family only for biomedical laboratory research, and general office and administrative services and for no other purposepurposes, whatsoever. Except Occupancy by more than one family is prohibited. Immediate relatives of the Resident and the Resident’s spouse may be considered normal residents of the household and are not “Social Visitors”, regardless of the period of stay. For purposes of this Lease, “Immediate relatives” are defined exactly the same as specifically provided the term “Dependent” is defined in Attachment 1 to AFI 32-6001. Social visits by military members assigned to the Installation and civilians employed at the Installation but who permanently reside outside the commuting area are limited to thirty (30) days. The Resident agrees that the duration of social visits by anyone residing within the sixty (60) minute commuting area of the Installation is limited to no more than two (2) days. Social visits by non-military members who permanently reside outside the sixty (60) minute commuting area will be allowed to stay on the Premises for thirty (30) days unless a longer stay is approved in this Section 6writing by the Landlord. Resident will not use the Premises for any unlawful purpose and will conform to and obey all applicable laws, ordinances, rules, regulations, requirements and orders of the United States of America, the Premises State of Nebraska, the County of Sarpy, and the Installation. Resident(s) may, with written permission of the Landlord, which permission shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned conduct a residential business on the Premises of a type permitted by Government regulations governing the conduct of business activities in military family housing. Residents conducting a residential business (e.g. child care) will be required to comply with and are subject to inspection for compliance with Government standards. Landlord’s granting of permission is not a warranty that the Premises are suitable for the conduct of Resident’s business. No door-to-door soliciting will be allowed and no advertising signs shall be posted on the Premises and no interior or delayed by Landlord; providedexterior structural modifications or additions of any kind shall be made to accommodate Resident's business. Resident is responsible for obtaining the necessary permissions and/or licenses and will indemnify, howeversave, that in no event shall and hold harmless Landlord for any portion failures to obtain the necessary permissions and or licenses and for any damages to third parties arising from the conduct of the Resident’s business. Occupancy of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for without the Project and Tenant’s use express prior written permission of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial Landlord by individuals other than those listed as Occupants shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use a default of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project Lease by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAResident.
Appears in 1 contract
Sources: Military Housing Lease
Use of Premises. Tenant LESSEE shall use said demised Premises during the Premises only term of this LEASE for biomedical laboratory research, and general office and administrative services the conduct of the following business: Internet Arena/Coffee House and for no other purposepurpose whatsoever without LESSOR'S written consent. Except The LESSEE will not make any unlawful, improper or offensive use of said Premises: LESSEE will not suffer any strip or waste thereof; LESSEE will not create or permit any objectionable fumes, noise, vibration or odor to escape or to be emitted from said Premises or do anything or permit anything to be done upon or about said Premises in any way tending to create a nuisance; LESSEE will not sell or permit to be sold any spirituous, vinous or malt liquors on said Premises, excepting such as specifically provided LESSEE may be licensed by law to sell and as may be herein expressly permitted; nor will LESSEE sell or permit to be sold any controlled substance on or about said Premises. The LESSEE will not allow the leased Premises at any time to fall into such a state of repair or disorder as to increase the fire hazard thereon; LESSEE shall not install any power machinery on said Premises except under the supervision and with the written consent of the LESSOR; LESSEE shall not store gasoline or other highly combustible materials on said Premises at any time; LESSEE will not use said Premises in such a way or for such a purpose that the fire and liability insurance rates for the Building in this Section 6, which said Premises are located is thereby increased or that would prevent the LESSOR to obtain reduced premium rates for long term fire and liability insurance policies. LESSEE shall not conduct any activities that will in any manner degrade or damage the reputation of the Building. If the Premises herein LEASED are located at street level, then at all times LESSEE shall keep the sidewalks in front of the demised Premises free and clear of ice, snow, rubbish, debris and obstruction; and if the LESSEE occupies the entire building, LESSEE will not permit rubbish, debris, ice or snow to accumulate on the roof of said Building so as to stop up LESSOR INITIAL KRV LESSEE INITIAL DN --- -- Exhibit A or obstruct gutters or downspouts or cause damage to said roof, and will hold harmless and protect the LESSOR against any injury whether to LESSOR or to LESSOR'S property or to any other person or property caused by LESSEE'S failure in that regard. The LESSEE will not overload the floors of said Premises in such a way as to cause any undue or serious stress or strain upon the Building in which said demised Premises are located, or any part thereof, and the LESSOR shall have the right, at any time, to call upon any competent engineer or architect whom the LESSOR may choose, to decide whether or not the floors of said Premises, or any part thereof, are being overloaded so as to cause any undue or serious stress or strain is such as to endanger or injure said Building, or any part thereof, then and in that event the LESSEE agrees immediately to relieve said stress or strain either by reinforcing the Building or by lightening the load which causes such stress or strain in a manner satisfactory to the LESSOR. LESSEE agrees that all activities in the LEASED Premises be used conducted in a safe manner to comply with all life, fire and safety codes of the City Fire Bureau, and the insurance carrier. LESSEE agrees to maintain the LEASED space in a clean manner at all times, and to perform any cleaning tasks and record keeping of same as requested by any City Fire Bureau, building owner, or insurance carrier. LESSEE agrees that they will maintain at their expense, all required fire preventions, fire suppressant equipment other than the building sprinkler systems, as requested or required by the City or the insurance carrier. LESSEE is not allowed to use the space for any other purpose without Landlord’s prior spray painting unless they have complied with all City Codes allowing such use and written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion evidence of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which compliance has been supplied to Tenantthe LESSOR, and LESSOR has issued a written authorization to the LESSEE permitting such use. Any hand wood finishing allowed by the City Fire Bureau is to be done in a safe manner and all material stored in approved receptacles. LESSEE agrees that if practical, that upon leaving leased spaced every day, they will shut off the entire electrical source at the main disconnect in their area. If the LESSOR is required by City Code or the insurance carrier to add additional fire prevention device of any governmental authority kind, the LESSEE agrees to pay their proportionate costs based on the square footage amortized over the remaining term of the LEASE, or to vacate the space. LESSEE shall deem the Premises to be a “place comply at LESSEE'S own expense with all laws and regulations of any Municipal, County, State, Federal or other public accommodation” under authority, including the Americans with Disabilities Act (“ADA”) ), respecting the use of said leased Premises. The LESSEE shall regularly occupy and use the demised Premises for the conduct of LESSEE'S business, and shall not abandon or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or vacate the Premises under such laws. If any governmental authority shall deem any portion for more than ten (10) days without written approval of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADALESSOR.
Appears in 1 contract
Sources: Assignment of Lease (Cypost Corp)
Use of Premises. Tenant shall use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the A. The Leased Premises shall not be Tenant’s sole place of residence and used and occupied exclusively by Tenant and the members of Tenant’s household identified in Paragraph 2.
B. No part of the Leased Premises shall be used at any time for the purpose of carrying on any business or professional trade of any kind or for any purpose other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldthan as a private, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, single-family residence.
C. Tenant shall not allow assign this Lease or grant any concession or license to use the Leased Premises.
D. Tenant shall not provide accommodations for boarders or lodgers. Guests of Tenant may stay on the Leased Premises no more than one (1) week. Longer visits may be permitted by Landlord for good cause in the Landlord’s sole discretion, if Tenant notifies Landlord in writing, explaining the reason for the extended visit.
E. Tenant shall comply with all sanitary laws, ordinances, rules, and orders of appropriate authorities affecting the cleanliness, occupancy, and preservation of the Premises which will negatively affect Leased Premises, all restrictive covenants affecting the cost Leased Premises, and City of coverage of Landlord’s insurance on the ProjectHarrisonburg ordinances regarding nuisance. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible reimburse Landlord for any alterations, structural fines or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law penalties Landlord incurs as a result of the uses actions of Tenant, members of Tenant’s household, Tenant’s guests or other persons under Tenant’s control (including any nuisance fees imposed on Landlord under § 15-3-2 of the Harrisonburg City Code). Charges assessed herein shall be due and collectible fourteen (14) days after Landlord gives written notice to Tenant, which notice shall constitute notice of adverse action.
F. Tenant is permitted under applicable laws to own and keep common household pets in the Leased Premises in accordance with the Pet Rules. However, no animals or pets shall be kept anywhere on the Leased Premises without the prior written permission of the Landlord. Permitted pets shall be kept only in accordance with the Pet Rules, attached hereto and made a part of this Lease as Exhibit C, if applicable. Neither this paragraph nor the Pet Rules shall apply to animals kept to assist, support or provide service to persons with disabilities or needed as a reasonable accommodation to the Tenants (or Tenant’s household members, as set forth in paragraph 2 of this Lease). The Landlord shall also allow service animals to accompany visitors with disabilities who need such animals as an accommodation to their disabilities. Assistance animals must be qualified as such by Landlord according to HUD regulations. Tenant may, at any time, request that this Lease be amended to permit a pet and/or request a copy of the Pet Rules. Violation of the Pet Rules shall be grounds for removal of the pet and/or termination of this Lease in accordance with federal, state, and local law and the Master Use Permit or other land use permits for terms and conditions of this Lease. If applicable, Tenant has read and agrees to abide by the Project, Landlord terms of Landlord’s Pet Rules set forth in Exhibit C attached to this Lease.
G. Tenant shall be responsible for, at its cost, any alterations, structural or otherwise, required obey the Landlord’s rules and regulations as published in the Resident’s Handbook. Tenant’s acknowledgement of receipt of the Resident’s Handbook is attached to be and made a part of this Lease as Exhibit D. Tenant shall obey additional rules established after the effective date of this Lease if:
i. the rules are reasonably related to the safety, care, and cleanliness of the Building (other than and the Premises) under such lawssafety, comfort, and convenience of the residents; and
ii. Landlord agrees that LandlordTenant receives written notice of any proposed rule change at least 30 days before the rule’s Work in the Premises shall comply with the ADAeffective date.
Appears in 1 contract
Sources: Lease Agreement
Use of Premises. Tenant The Premises shall be used and operated as a recreation and sports center offering ice programs such as hockey, figure skating, curling and similar ice events in the winter season and indoor recreational activities in the spring, summer and fall seasons, all of which will be available to the general public. The Lessee may use the Premises only for biomedical laboratory researchother purposes such as instructional clinics, baseball, volleyball, tennis, lacrosse, soccer and similar uses, community and civic uses such as convention uses, ▇▇▇▇▇▇’▇ markets, antique fairs and similar uses, and general office emergency uses such as an emergency shelter. Lessee shall operate and administrative services use the Premises in a safe, reasonable and for no prudent manner, and offer safe, reasonable and prudent programming within the Premises during the Lease Term and an Extended Term, if applicable. To the extent economically feasible, Lessee shall occupy and use the building on the Premises on a full-time, continuous and year-round basis with a wide variety of uses during the Lease Term and an Extended Term, if applicable. Lessee shall be entitled to charge reasonable usage fees to cover the costs of overhead and recreational programs offered on the Premises. Lessee and its guests, invitees, employees and agents may use the parking area within the Premises which may be regulated by Lessor so that parking may be restricted or used exclusively by users other purposethan uses of the ice skating facility, in whole or in part, during times of use of the adjacent multi-use arena or skate park (e.g., Fourth of July Rodeo); provided such restrictions shall be communicated to Lessee days in advance of any event and shall be designed so as not to significantly impact the operations of Lessee’s recreational programs. Except as specifically provided for in this Section 6, Lessee acknowledges that the parking area within the Premises shall not be used unavailable for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldapproximately one week before, conditioned or delayed by Landlord; provided, however, that in no event shall any portion during and after the Fourth of the Premises be used for a vivarium for animals larger than rodentsJuly rodeo event. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant Lessee shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable do or explosive liquids or materials permit anything to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant done in or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon about the Premises or allow any offensive noise bring or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work keep anything in the Premises that will in any way increase the rate of fire insurance upon the building in which the Premises are situated or permit the emission of any objectionable noise or odor. Lessee shall comply with not perform any acts or carry on any practices that may injure the ADAPremises or the building of which the Premises form a part.
Appears in 1 contract
Sources: Lease Agreement
Use of Premises. Tenant shall use agrees to:
(a) Use the Premises only for biomedical laboratory research, and general office and administrative services the Permitted Use and for no other purpose. Except as specifically provided for in this Section 6, .
(b) Use the Premises in compliance with all laws, ordinances, regulations or rules applicable to the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions (“CC&Rs”), and the provisions of all ground or underlying leases now affecting the Property and those affecting the Property after the date hereof, so long as such new CC&Rs and/or ground or underlying lease do not be used for any other purpose without Landlordmaterially increase Tenant’s prior written consent which consent may not be unreasonably withheldobligations or decrease or impair Tenant’s rights under this Lease. However, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of so long as it uses the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted abovePermitted Use, Tenant shall not allow be obligated to make any use of alterations, improvements, renovations, or other changes to the Premises due to laws, ordinances, regulations or governmental orders now or hereafter in effect, unless such alterations, improvements, renovations, or other changes are required as a result of any Tenant Alterations In no event shall Tenant be responsible for legally required improvements to the common areas which will negatively affect may be triggered by the cost of coverage of initial Tenant Improvements constructed by Tenant pursuant to Exhibit “C”.
(c) Not do or permit any Tenant’s Parties to do anything in or about the Premises, or bring or keep anything in the Premises, beyond the Permitted Use, that may increase Landlord’s fire and extended coverage insurance on premium, damage the Project. Building or the Property, constitute waste, or be a nuisance, public or private.
(d) Observe, perform and abide by all reasonable, non-discriminatory and uniformly enforced rules and regulations promulgated by Landlord and delivered in writing to Tenant shall from time to time, provided such rules and regulations (including all amendments and supplements thereto) do not allow any inflammable materially interfere with the Permitted Use or explosive liquids or materials to be kept on conflict with the Premises except as authorized and permitted under Section 27 terms of this Lease. Except The initial Rules and Regulations, which Tenant has agreed to, are attached hereto as permitted above, Tenant shall not allow Exhibit F. In the event of any use conflict between the terms of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws this Lease and the Master Use Permit or other land use permits for terms of any rules and regulations promulgated by Landlord (including Exhibit F hereto), the Project, Landlord terms of this Lease shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAprevail and control.
Appears in 1 contract
Use of Premises. Tenant The premises shall use the Premises only for biomedical laboratory researchbe used and occupied solely by ▇▇▇▇▇▇ and ▇▇▇▇▇▇’s immediate family, exclusively, as a private single family dwelling, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, part of the Premises shall not be used at any time during the term of this Lease Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for than as a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectprivate single family dwelling. Tenant shall not allow any inflammable other person, other than ▇▇▇▇▇▇'s immediate family or explosive liquids transient relatives and friends who are guests of Tenant, to use or materials occupy the Premises without first obtaining Landlord's written consent to be kept such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. Tenant also shall obey, and require anyone on the Premises except as authorized to obey all laws and permitted under Section 27 any restrictions that apply to the Premises. Tenant may NOT keep pets of this Lease. Except as permitted above, Tenant shall not allow any use kind on the Premises without Landlord’s approval of the Premises which would unreasonably interfere with any other tenant pet or with animal in writing. If Landlord allows a pet, Landlord may only allow one pet up to 35lbs in weight No Cats and Landlord may require a nonrefundable pet Fee in the operation amount of $200 for the Project by Landlordpet plus an additional $20 per month, per pet, for pet rent. Tenant shall not keep any dangerous or flammable items that might increase the danger of fire,explosion or damage on the Premises that might be considered as hazardous by any responsible insurance company. Tenant shall not create and environmental hazards on or about the Premises. Tenant shall not destroy, deface, damage, impair, or remove any part of the Premises belonging to Landlord, nor permit any nuisance person to do so. Tenant shall not make any alterations or waste upon improvements (▇▇.▇▇ PAINTING) to the Premises without first obtaining Landlord’s written consent to the alteration or allow improvement. Tenant shall not install or have installed any offensive noise or odor in or around satellite dish on the roof of the premises without the written consent of Landlord Tenant must act, and require all other persons on the Premises to emanate outside act, in a manner that does not unreasonably disturb any neighbors or constitute a breach of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a weekpeace. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions not sublet the premises or allow others to become tenants of the April 29premises without written consent of Landlord Tenant shall not have any Pools, 2002 Transportation Management PlanTrampolines, a copy Waterbeds, Aquariums. Tenant shall not smoke anything within the dwelling unit Tenant shall not use or manufacture any illegal drugs within the dwelling Tenant shall not use any supplemental heating (electric space heaters,etc) Tenant shall not use plug in fresheners (ex. Glade Plug Ins, ect.) Tenant shall not dispose of which has been supplied to Tenantanything including cooking grease/oil, tampons, baby wipes, etc. If any governmental authority down the drains or toilets. Tenant must dispose of grease/oil, tampons, baby wipes, etc. by means of trash pickup. Tenant shall deem not use gas grills near the Premises to be a “place exterior of public accommodation” the house including under the Americans with Disabilities Act (“ADA”) ▇▇▇▇▇ or on covered porches Tenant shall not use the premises for a Daycare business or any other comparable law as a result of Tenant’s use, business model. Tenant shall either modify its not use to cause such authority to rescind its designation the Fire Place (If there is one) or be responsible for have any alterationsopen burning Tenant shall not park vehicles on the grass or store or work on any vehicle, structural RV , ATV, 4 wheelers, Trailers or otherwise, required to be made to Motor Homes at the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAproperty.
Appears in 1 contract
Sources: Residential Lease
Use of Premises. Tenant shall use The Premises are to be used for the Premises only for biomedical laboratory research, and general office and administrative services uses stated on Page 1 and for no other purposepurposes without Lessor's prior written consent, which shall not be unreasonably withheld. Except as specifically provided for in this Section 6Lessor may withhold its consent to any change of use on any commercially reasonable grounds, including, but not limited to, the following grounds which are hereby deemed by Lessee to be reasonable:
(a) if the proposed changed use will conflict or be incompatible with other uses in the Park;
(b) if such proposed changed use would impact the Common Areas or result in increased requirements for services or utilities furnished by Lessor;
(c) if such proposed changed use would cause unusual wear and tear on the Premises or overload or overburden the structure or create undue vibration;
(d) if such proposed changed use would require the use of heavy machinery and equipment on or about the Premises;
(e) if such proposed changed use would require the use by Lessee on the Premises of Hazardous Materials at a level which creates more risk than the use of Hazardous Materials by Lessee in its business as of the date of this Lease; or
(f) if such proposed changed use creates inappropriate or dangerous uses of the of the Premises. Lessee shall not do or permit anything to be done in or about the Premises nor keep or bring anything therein which will in any way increase the existing rate of or affect any policy of fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy. Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or other buildings in the Park or injure or annoy other tenants or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Lessee cause, maintain or permit any nuisance in, on or about the Premises. Lessee shall not damage or deface or otherwise commit or suffer to be committed any waste in or upon the Premises. Lessee shall honor the terms of all recorded covenants conditions and restrictions relating to the property on which the Premises are located. Lessee shall honor the rules and regulations attached to and made a part of this Lease as EXHIBIT C and any other purpose reasonable regulations of the Lessor related to parking and the operation of the Park. Lessee shall, at Lessee's expense, faithfully observe and comply with all Municipal, State and Federal statutes, rules, regulations, ordinances, requirements, and orders, pertaining to the Premises of Lessee's use thereof, including without Landlord’s prior written consent limitation, all statutes, rules, regulations, ordinances, requirements, or orders affecting the Premises, the Building or the Park now in force or which consent may not hereafter be unreasonably withheld, conditioned or delayed by Landlordin force; provided, however, that in no event Lessee shall any portion of not be required to make structural changes to the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs not related to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any Lessee's specific use of the Premises which will negatively affect unless the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or requirement for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law such changes is imposed as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation any improvements or be responsible for any alterations, structural additions made or otherwise, required proposed to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADALessee's request.
Appears in 1 contract
Sources: Lease Agreement (Monterey Pasta Co)
Use of Premises. Tenant shall use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not improvements thereon may be used for any other purpose without Landlord’s design, construction and establishment of a community center delivering social services including senior and inter-generational programs. Other uses shall be subject to prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion Landlord approval. Term: The Term of the Premises Lease shall be used for thirty (30) years as further described below: Base Rent: $1/year for the Term of the Lease Other Rent: Commercial Activities as specified in the Lease shall be subject to prior Landlord approval. With its approval, the Landlord may assess Other Rent as a vivarium percentage of gross receipts from the Commercial Activity on a case-by-case basis. For the purposes of the Lease, Commercial Activities as specified shall EXCLUDE, program fees charged for animals larger than rodentscost recovery and donation/fundraising activities. At either’s request, Landlord and Operating Expenses: Tenant shall cooperate be responsible for all operating expenses including, but not limited to, maintenance (trash removal, landscaping, janitorial, etc.), utilities (water, sewer, electricity, etc.), insurance, and assist each other in developing and implementing a communications plan for the Project and taxes. Insurance: ▇▇▇▇▇▇ agrees that Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s costsole cost and expense, with any will procure and all applicable provisions maintain commercial general liability insurance, commercial property and such other insurance coverage in the types and amounts specified by HCDA, naming the Hawaii Community Development Authority and State of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to TenantHawaii as additional insureds. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Improvements: Tenant shall either modify its use to cause such authority to rescind its designation or will be responsible for any alterations, structural or otherwise, all required to be made permitting and approvals for improvements to the Building or premises including but not limited to building and grading permits from the Premises under such lawsDepartment of Planning and Permitting. If Tenant shall also be responsible for obtaining all subsequent relevant regulatory approvals including but not limited to planning and development permits from the HCDA, special use Special Conditions: Archaeological Inventory Survey (AIS). The HCDA will prepare an AIS which will address any governmental authority shall deem any portion of archaeological resources for the Project (other than 1900 Pump Station renovation. This AIS specifically does not include actions contemplated on the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws Historic Screen House and the Master 1940 Pump Station. The Tenant and its contractors shall not proceed with site work or underground utility work on the 1900 Pump Station, until an archaeological clearance has been issued by SHPD. Special Management Area (SMA) Permit. Tenant understands that an SMA Use Permit or other land use permits Approval for the Project1900 Pump Station renovation has been issued by the OP, Landlord shall be responsible forand is dated May 1, at its cost, any alterations, structural or otherwise, required to be made to 2015. This SMA Use Approval specifically does not include actions contemplated on the Building (other than Historic Screen House and the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA1940 Pump Station.
Appears in 1 contract
Sources: Lease Agreement
Use of Premises. Tenant 6.01. Grantee shall have the right to use the Premises only solely for biomedical laboratory research, and general office and administrative services and for no other purposethe following improvements: (“Improvements”). Except as specifically provided for in this Section 6, the Premises Grantee shall not be used use the premises for any other purpose without Landlord’s obtaining prior written consent of Grantor, which consent may not be unreasonably withheldgranted or withheld by the Grantor in its sole discretion.
6.02. Grantee, conditioned or delayed by Landlord; providedat its own expense, howeverwill comply with all federal, that in no event shall any portion of State, municipal and other laws, codes, ordinances, rules and regulations applicable to the Premises be used for a vivarium for animals larger than rodents. At either’s requestincluding, Landlord without limitations, those dealing with environmental and Tenant shall cooperate health issues; and assist each other in developing will install, remove and implementing a communications plan for alter such equipment and facilities in, and make such alterations to, the Project and Tenant’s use of the Premises, including any uses that Premises as may be deemed controversialnecessary to comply. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that Grantee will not make any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any unlawful use of the Premises or permit any unlawful use thereof; and will not commit, or permit anyone else to commit, any act which will negatively affect is a nuisance or annoyance to Grantor or adjacent property owners or tenants, or which might, in the cost exclusive judgment of coverage of LandlordGrantor, damage Grantor’s insurance on goodwill or reputation, or tend to injure or depreciate the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use value of the Premises which would unreasonably interfere with and/or any other tenant Improvements located thereon.
6.03. Grantee shall use the highest degree of care and all appropriate safeguards to prevent pollution of air, ground and water in and around the Premises, and to protect and preserve natural resources and wildlife habitat. In the event of pollution of or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor damage to natural resources in or around the Premises which is the result of an act or omission of Grantee, its officers, employees, agents, representatives, contractors, and/or invitees, Grantee shall immediately notify the CLCND and undertake all required and appropriate action to emanate outside of remedy the Premisessame. Subject to events beyond Landlord’s control or Grantee shall be liable for safety or health reasons, Tenant and its employees shall have access all damages and/or mitigation to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law lands and waters as a result of Tenant’s use, Tenant such act or omission.
6.04. Grantee shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or insure that all Improvements constructed by it and/or operated on the Premises under such lawsare visible to operators of marine craft at all times. If Grantee shall further take any governmental authority shall deem any portion of the Project (other than the Premises) and all steps necessary to be a “place of public accommodation” under the ADA insure that Improvements constructed by it and/or placed or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in operated on the Premises shall comply with the ADAdo not constitute a hazard to operators of marine craft. Grantee may not restrict or prevent other person from access to navigating open, navigable waters.
Appears in 1 contract
Sources: Coastal Easement
Use of Premises. Tenant shall agrees to use the Premises only for biomedical laboratory research, exclusively as a private single-family residence and general office and administrative services and for no other purpose. Except as specifically provided for shall conduct himself in this Section 6, a manner that does not unreasonably disturb the Premises shall not be used for neighborhood or adjacent unit dwellers or cause any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion breach of the Premises be used for a vivarium for animals larger than rodents. At either’s requestpeace, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including or violate any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance rules or regulations or the rules or regulations of any applicable homeowners' or condominium association(s). If tenant is deemed a nuisance to the adjoining neighbors or adjacent unit dwellers, the landlord has a right to terminate this lease. If tenant uses these premises unlawfully or has caused the law enforcement or any type of code enforcement officer to come to these premises, landlord has the option to terminate this lease.
a) Tenant is provided with parking spaces. Tenant is to park on the Projectconcrete parking space. Tenant is not to park on the grass or next to the building. Tenant will be given notice to cure. Continued non- compliance with the parking arrangement will cause a $25 charge and possible termination of this contract and you shall not allow any inflammable or explosive liquids or materials vacate the premises upon such termination.
b) Each tenant has a porch. The porch is the responsibility of the tenant and should be kept in a neat and clean manor. All tenants’ furniture and belongings is to be kept in tenant’s residence or on tenant’s porch. If tenant uses furniture or belongings on the Premises except as authorized common ground, then it is the tenant’s responsibility to put up tenants furniture and permitted under Section 27 belongings when not being used.
c) Trash is to be kept in a container with a lid. There will be no loose garbage kept outside of this Leasetenant’s residence. Except as permitted above, Tenant shall not allow any use Household garbage only will be picked up. Any large garbage is the responsibility of the Premises which would unreasonably interfere with tenant to have hauled off. The workers will haul off any other large furniture for a fee.
d) If tenant or with is a smoker, it is the operation tenant’s responsibility to clean up cigarette buds and trash.
e) No one can attach satellite dishes to the building. They must be on a pole in the yard.
f) No one is to use the attic. If you need to get into the attic, you must contact the office and have one of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, workers present at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work time while in the Premises shall comply with the ADAattic.
Appears in 1 contract
Sources: Residential Lease Agreement
Use of Premises. Tenant shall use the Premises only for biomedical laboratory researchthe Permitted Use only. Tenant shall not use, and general office and administrative services and or permit any Tenant Parties to use the Premises or the Project for no any other purposepurpose without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion. Except as specifically provided for in this Section 6Tenant shall not use, or permit any Tenant Parties to use, the Premises or Project in violation of the Requirements or the Rules or in a manner that will damage the reputation of the Project. Tenant and all Tenant Parties shall comply with all Requirements applicable to the use of the Premises. Tenant shall not interfere with the use of the Project by others and Tenant shall not create or permit a nuisance in, on or about the Premises. Landlord shall have the right to reasonably amend and supplement the Rules with other reasonable Rules (not expressly inconsistent with this Lease) relating to the Project, or the promotion of safety, care, cleanliness or good order therein, and all such amendments or new Rules shall be binding upon Tenant after ten (10) days’ Notice after Landlord notifies Tenant of such amendment or new Rules, provided such amendment or new Rules shall not materially increase Tenant’s obligations under this Lease. All Rules shall be applied on a non-discriminatory basis, but nothing herein shall be construed to give Tenant or any other person any claim, demand or cause of action against Landlord arising out of the violation of such Rules by any other tenant, occupant, or visitor of the Building, or out of the enforcement or waiver of the Rules by Landlord in any particular instance. . In case of any conflict or inconsistency between the provisions of the Lease and of any of the Rules as originally or as hereafter adopted, the provisions of this Lease shall control. Notwithstanding anything in this Lease, the Premises may not be used for any other purpose without Landlord’s prior written consent which consent purposes that is a Prohibited Use listed on Appendix VI (the “Prohibited Uses”). Landlord may not be unreasonably withheld, conditioned amend or delayed by Landlord; provided, however, that in supplement Appendix VI but no event such amendment or supplement shall any portion of prevent Tenant from using the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other its then business conducted in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise be effective or odor in binding on Tenant until five (5) days after Landlord notifies Tenant of such amendment or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAsupplement.
Appears in 1 contract
Sources: Office Lease (Sezzle Inc.)
Use of Premises. Tenant shall use the Sublet Premises only for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan solely for the Project and Tenant’s use purpose of subletting to the Premises, including any uses that may be deemed controversialSubtenant. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow use the Sublet Premises for any use of the Premises which will negatively affect the cost of coverage purpose other than stated herein without prior consent of Landlord. Tenant shall be allowed to allow Subtenant to enter the Sublet Premises for the purpose of constructing, maintaining, modifying, and operating the Como-▇▇▇▇▇▇▇ Streetcar Line. In addition to streetcar operation, Subtenant use shall be construed to include the sale of streetcar fares and promotional artifacts to the general public in order to provide operational and maintenance funds for its streetcar system. All sales shall be consistent with and subject to Subtenant’s insurance on the Projectstatus as a not-for- profit corporation. Tenant shall not allow any inflammable Subtenant to conduct the sale of alcohol or explosive liquids tobacco products on or materials near the Sublet Premises without Landlord’s written consent. Tenant may permit Subtenant to be kept maintain its streetcar rails and periodically upgrade its buildings, facilities, and railway bed. In the event Subtenant decides to substantially alter the location of its rail lines, to install new sidetracks, or construct new buildings on the Premises except as authorized Sublet Premises, Tenant shall first request Landlord approval of such improvements prior to allowing Subtenant to commence such improvements. ▇▇▇▇▇▇▇▇’s approval of the same shall not be unnecessarily withheld or delayed. Tenant shall be responsible for requiring Subtenant to promptly obtain and permitted under Section 27 maintain any governmental permits, licenses, or approvals that may be necessitated by the exercise of rights granted pursuant to this Lease. Except Tenant shall be responsible for requiring Subtenant payment of all permit or license fees as permitted abovethey may become due and payable and shall comply with all applicable zoning requirements affecting the Premises. Tenant shall comply with and require Subtenant to comply with all governmental rules, regulations, ordinances, statutes, and laws now or hereafter in effect pertaining to the Sublet Premises. The granting of this Lease shall not be construed as a waiver of any license, fee, or approval process required by the City of Minneapolis. Tenant shall not use or cause the use of the Sublet Premises or any portion thereof for any other purpose other than as stated herein without Landlord’s written consent. Tenant shall not allow Subtenant to sell or store in, upon or about the Sublet Premises any use of the Premises which would unreasonably interfere with gasoline, distillate or other petroleum products or any other tenant substance or with the operation material of the Project by Landlordan explosive, inflammable or radiological nature except as needed to operate Tenant’s vehicles and equipment. Tenant shall not permit any nuisance or waste upon the Premises allow Subtenant to store or allow to be released or threatened to be released on or about the Sublet Premises, any offensive noise pollutant, contaminant, toxic substance, hazardous waste, or odor in material within the meaning of any applicable state or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a weekfederal environmental law. Tenant shall complyrequire Subtenant to refrain from burning, at Tenant’s coststoring, with or securing any and all applicable provisions trash, papers, or garbage of any kind in or about the April 29, 2002 Transportation Management Plan, a copy of which has been supplied Sublet Premises. Tenant shall require Subtenant to Tenant. If any governmental authority shall deem the Premises refrain from committing or suffer to be a “place of public accommodation” under committed any waste or nuisance upon the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Sublet Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.
Appears in 1 contract
Sources: Lease Agreement
Use of Premises. Tenant Except as otherwise authorized in writing by Lessor, Lessee shall use the Premises only as space for biomedical laboratory research, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees Lessee shall have access to the Premises 24 premises twenty-four (24) hours per day, 7 days seven (7) day a week. Tenant shall comply, at TenantLessor will provide Lessee all generally available equipment within the Building in the same manner that such equipment is made available to university researchers. Lessee’s cost, with any and use of all applicable provisions such equipment is subject to the following conditions:
(a) The use of the April 29equipment is limited to processing which is compatible with the purpose of each system, 2002 Transportation Management Planas defined by the Building Laboratory Manager or the . Compatibility may be limited due to chemical contamination, a copy equipment limitations or physical restrictions such as wafer size.
(b) Equipment availability may be limited due to academic courses or University Research. Academic usage will take priority as determined by the .
(c) Equipment availability may be limited due to necessary repairs. Priority of which has been supplied repairs will be determined by the Building Laboratory Manager and/or the .
(d) Subject to Tenant. If any governmental authority shall deem (b) above, assignment of processing time on the Premises to be equipment is on a “first come, first served” basis, except for systems with a posted formal sign-up procedure. Processes or experiments which will require the use of a system for an extraordinary amount of time must be scheduled with the Building Laboratory Manager or the , as appropriate.
(e) Access to Building may be limited to a maximum number of approved Lessee’s researchers in the facility as determined by the Building Laboratory Manager or the , as appropriate. The number of Lessee’s researchers present must not be so large as to negatively effect access by university researchers.
(f) The facilities and equipment currently available in premises are identified on Exhibit A attached hereto (the “Equipment”). Equipment may be added or removed from premises as determined by the Building/premises?[FACILITY] Advisory Committee.
(g) Lessor shall provide a reasonable space for Lessee to place of public accommodation” under the Americans with Disabilities Act (“ADA”) a secure safe, cabinet or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use locker in which to cause such authority to rescind its designation or be store proprietary data and materials. Lessee is responsible for any alterationsproviding adequate security to meet its needs.
(h) The Building Laboratory Manager shall provide the supplies normally available to all users, structural or otherwisenamely: standard chemicals; clean room garments; clean room gloves; clean room wipes; standard process gases; standard deposition materials; safety equipment, required such as eye protection and acid gloves; and other standard laboratory supplies, such as beakers and thermometers. As used herein, the term “standard” refers to be made items which have a broad demand in integrated circuit processing and have been historically provided to researchers by the Building. Any items which are not generally provided by the Building to all users must be provided by Lessee. These include but are not limited to specific polymer processing chemicals, specific deposition materials, photo masks, and system fixturing for specific experiments. All supplies, materials, chemicals, ancillary equipment and other university property provided by the Building are limited to use within the Building and may be removed from the premises only with permission of the Laboratory Manager or the Premises under such lawsDeputy ▇▇▇▇, as appropriate.
(i) Lessee shall abide by all federal, State of Wisconsin, County of and City of statutes as well as Lessor rules governing the transportation, handling, use and disposal of toxic and hazardous substances. If any governmental authority Any wastes resulting from materials, chemicals, gases or other substances brought into the Building by Lessee remain the property of Lessee. Lessor bears no responsibility for the transportation, handling, use and disposal of toxic and hazardous wastes beyond the use of “standard” items provided by the Building as described in section (h) above. Lessee shall deem any portion obtain approval of the Project (other than Building Laboratory Manager or the Premises) and comply with all statutes and rules prior to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws transporting toxic and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to hazardous materials into the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAfacilities.
Appears in 1 contract
Sources: Facility Use Agreement
Use of Premises. a. Each unit shall be used and occupied by Tenant exclusively as living and sleeping quarters for its on-call paramedics, where only one paramedic will be occupying the unit at a time during their shift. Neither the Premises nor any part of it shall be used at any time during the Lease Term by Tenant for the purpose of carrying on any non-EMS- related business, profession or trade of any kind, or for any purpose other than the use described above in this paragraph.
b. Tenant shall comply with all state and local laws, ordinances, rules, and orders of appropriate governmental authorities. In the event an unlawful use is made of the Premises, Landlord, at its sole discretion, may immediately and without notice, terminate the Lease.
c. Tenant shall not place a load upon any floor of the Premises only which exceeds the load per square foot which such floor is designed to carry. Landlord and Tenant agree that Tenant is allowed to install in the unit a safe weighing approximately 150 pounds for biomedical laboratory research, and general office and administrative services and for no other purposethe purpose of storing EMS-related materials. Except as specifically provided for in this Section 6, the Premises Tenant shall not be used for move any other purpose safe, heavy equipment, or bulky matter in or out of the building without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and consent.
d. Tenant shall cooperate be prohibited from vaping and assist each other in developing and implementing a communications plan for smoking of any kind within the Project and Tenant’s use enclosed walls of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a .
e. Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between have no open flame in the Premises.
f. Tenant and any other tenant whose ▇▇▇▇▇▇’s guests, invitees or co-Tenants shall cause no noise, vibration or odor to be heard, felt, or smelled outside of the Premises.
g. Tenant agrees to use is addressed by only Landlord-provided window coverings on all exterior windows of the communications planPremises. Except as permitted above, Tenant shall not allow place stickers, decals, signs, or any other covering not approved by the Landlord on any window of the Premises.
h. Landlord shall have the authority to make additional regulations regarding the use of the Premises which will negatively affect and the cost common areas of coverage the building at any time during this Lease. Said regulations shall be effective upon delivery to Tenant or posting of Landlordregulations upon Tenant’s insurance on door, to the Project. Tenant shall extent such regulations do not allow any inflammable or explosive liquids or materials to be kept on substantially alter the Premises except as authorized and permitted under Section 27 terms of this Lease. Except , and are allowed by law for a governmental agency as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority Violation of said regulations shall deem the Premises to be a “place breach of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws this Lease and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply dealt with the ADAaccordingly.
Appears in 1 contract
Sources: Lease Agreement
Use of Premises. (a) Tenant shall use and occupy the Premises only for biomedical laboratory researchthe purposes of a Buffalo Wild Wing’s Restaurant, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises purpose without Landlord's prior written consent (which shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed withheld by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents). At either’s request, Landlord and Tenant shall cooperate have the exclusive right to: (i) operate a sports themed restaurant; and assist each (ii) operate a restaurant and/or bar that primarily serves chicken wings with two or more sauces as a dominant menu item over other in developing and implementing a communications plan for the Project and Tenant’s menu items.
(b) Tenant shall not use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be used, in a “place manner that constitutes a violation of public accommodation” under any applicable law, order, ordinance, or regulation nor shall Tenant commit any waste in the Americans Premises, or permit anything to be done on the Premises that creates a nuisance.
(c) Landlord agrees: (i) that Tenant’s exclusive use includes the use of an outside patio providing full service sale of alcoholic beverages and food; (ii) that the sale of alcoholic beverages is permissible; (iii) that the sound and video systems to be used by Tenant on the interior of the premises are not violative of the use of Tenant and will not unreasonably disrupt other tenants; and (iv) Tenant may install four (4) small satellite dishes placed upon the roof of the premises in inconspicuous locations or such number as complies with Disabilities Act (“ADA”) or any other comparable law as a result the current Buffalo Wild Wings Franchisor requirements. Tenant will warrant all roof penetrations. The standard of Tenant’s use, operations shall be the standard provided by the Franchisor for operation of a typical Buffalo Wild Wings restaurant in compliance with the Tenant’s Franchise requirements as such is in effect from time-to-time.
(d) Landlord also agrees to the following Tenant requirements:
(i) Tenant shall either modify its use have the right to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made incorporate the standard Buffalo Wild Wings Gen.
4.1 Trade Dress to the Building or exterior of the Premises under such lawswith associated signage and awnings and the right to make future Trade Dress and interior alterations as required by Tenant’s Franchisor. If any governmental authority Landlord will cooperate to obtain all approvals from the Township of Fort Gratiot.
(ii) The Landlord will provide adequate parking and handicap spaces as shown on the site plan (projected total spaces: 125). All parking is open, but restricted to Project tenants, employees and customers. Landlord will provide four (4) carry-out reserved parking spaces in front of Tenant’s space to serve Tenant’s customers. The cross-hatched parking, as shown on the proposed site plan, shall deem any portion be identified as a “No Build Zone.”
(iii) Landlord shall provide Tenant with a staging area for two (2) eight (8) yard dumpsters for the exclusive use of the Project restaurant.
(other than iv) Landlord shall permit Tenant to install a grease rendering container as may be required for restaurant use. (Tenant to provide Grease Trap.)
(v) Landlord shall permit Tenant exclusive use of an outdoor patio area depicted in the Premisessite plan for a seating area and bar area (as permitted by local laws and regulations) to for full-service food, beverage service, including alcoholic beverage service.
(vi) Parking lots lights shall be a “place of public accommodation” under maintained at full illumination at the ADA or any other comparable law as a result western end of the uses permitted under applicable laws and the Master Use Permit or other land use permits property for the Projectsafety and security of Buffalo Wild Wings guests and employees during all Buffalo Wild Wings hours, at no additional cost to the Tenant.
(vii) Tenant shall have the top panel of the pylon sign.
(e) This Lease is contingent upon: (i) Building plans being approved by the Township of Fort Gratiot; and (ii) Tenant obtaining a State Liquor License and all governmental approvals for a full bar, i.e. beer, wine and liquor license, with permits allowing Tenant to serve food, beverages, and alcoholic beverages on the patio; and (iii) Landlord’s and Tenant’s Franchisor’s approval of all plans within one hundred eighty (180) days from the date of execution of the Lease by Landlord and Tenant. Landlord represents that there are no building and use restrictions, easements and reciprocal easements affecting the property, and there is currently no mortgage encumbering the Shopping Center. In the event that any of these contingencies are not satisfied to the satisfaction of Tenant, then Tenant, in its discretion, may terminate this Lease upon written notice to Landlord. It is recognized that the contingencies are for the sole benefit of the Tenant and may be waived, in writing, by Tenant. Landlord shall grant Tenant one hundred eighty (180) days from the full execution of the Lease for the contingencies outlined. Tenant agrees to apply for liquor license within thirty (30) days of the fully-executed Lease. This one hundred eighty (180) days shall be responsible for, at its cost, any alterations, structural the timeframe prior to and not to include the Tenant’s or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAconstruction time.
Appears in 1 contract
Sources: Retail Center Lease (Diversified Restaurant Holdings, Inc.)
Use of Premises. Tenant ROGUE WAVE shall use the Premises only for biomedical laboratory research, and general premises during the term of this Lease as a business office and administrative services and for no other purposepurpose whatsoever without OSU's written consent. Except as specifically provided for in this Section 6ROGUE WAVE shall conform to all applicable laws and regulations of any public authority affecting the premises and the use, the Premises and correct, at ROGUE WAVE's own expense, any failure of compliance created through ROGUE WAVE's fault or by reason of ROGUE WAVE's use, but ROGUE WAVE shall not be used required to make any structural changes to effect such compliance unless such changes are required because of ROGUE WAVE's specific use. ROGUE WAVE shall refrain from any activity that would make it impossible to insure the premises against casualty, would increase the insurance rate, or would prevent OSU from taking advantage of any ruling of the Oregon Insurance Rating Bureau, or its successor, allowing OSU to obtain reduced premium rates for long-term fire insurance policies, unless ROGUE WAVE pays the additional cost of the insurance. ROGUE WAVE shall refrain from any use that would be reasonably offensive to other purpose owners or users of neighboring premises or that would tend to create a nuisance or damage the reputation of the premises. ROGUE WAVE shall refrain from loading the electrical system or floors beyond the point considered safe by a competent engineer or architect selected by OSU. ROGUE WAVE shall refrain from making any marks on or attaching any sign, insignia, antenna, aerial, or other device to the exterior or interior walls, windows, or roof of the premises without Landlord’s prior the written consent which of OSU. Such consent may is not to be unreasonably withheld. ROGUE WAVE shall not cause or permit any hazardous substance to be spilled, conditioned leaked, disposed of, or delayed by Landlord; provided, however, that otherwise released on or under the premises. ROGUE WAVE may use or otherwise handle on the premises only those hazardous substances typically used or sold in no event shall any portion the prudent and safe operation of the Premises be used for a vivarium for animals larger than rodentsbusiness. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that ROGUE WAVE may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any store such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance hazardous substances on the Projectpremises only in quantities necessary to satisfy ROGUE WAVE's reasonably anticipated needs. Tenant ROGUE WAVE shall not allow any inflammable comply with all environmental laws and exercise the highest degree of care in the use, handling, and storage of hazardous substances and shall take all practicable measures to minimize the quantity and toxicity of hazardous substances used, handled, or explosive liquids or materials to be kept stored on the Premises except as authorized and permitted under Section 27 premises. Upon the expiration or termination of this Lease, ROGUE WAVE shall remove all hazardous substances from the premises. Except The term Environmental Law shall mean any federal, state, or local statute, regulation, or ordinance or any judicial or other governmental order pertaining to the protection of health, safety or the environment. The term hazardous substance shall mean any hazardous, toxic, infectious or radioactive substance, waste, and material as permitted abovedefined or listed by any law, Tenant rule, regulation or ordinance and shall include, without limitation, petroleum oil and its fractions. This paragraph shall not allow apply to preexisting conditions prior to May 1, 1996. ROGUE WAVE shall not make any unlawful use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant said premises; shall not permit any nuisance or waste upon the Premises or allow any offensive objectionable noise or odor to escape or be omitted from the premises or do anything or permit anything to be done upon or about said premises in any way tending to create a nuisance; shall not sell or around permit to be sold any liquor on said premises. ROGUE WAVE shall, at its own expense, comply with all laws and regulations of any municipal, county, state, federal or other public authority respecting the Premises to emanate outside use of the Premisesleased premises. Subject to events beyond Landlord’s control or for safety or health reasonsOSU shall at its expense, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, comply with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and regulations with respect to its maintenance and other obligations under this Lease. ROGUE WAVE shall not use the Master Use Permit outside walls of said premises, or other land use permits for the Project, Landlord shall be responsible for, at its cost, allow signs or devices of any alterations, structural or otherwise, required kind to be made to attached thereto or suspended therefrom, for advertising or display the Building (other than name of the Premises) under such lawsbusiness without the prior written consent of OSU. Landlord agrees that Landlord’s Work in the Premises shall comply Consent will not be unreasonably withheld so long as ROGUE WAVE complies with the ADACity of Corvallis sign ordinances.
Appears in 1 contract
Use of Premises. Tenant A. The Premises shall use be used by Lessee for the Premises only for biomedical laboratory research, maintenance and general office and administrative services operation of the Saratoga History Museum and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan As consideration for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect Lessee shall have the cost following responsibilities:
a. Provide educational programs including, but not limited to, programs based on California History/Social Studies standards for 3rd and 4th graders as well as other ages and groups; hands-on experience about life in early Saratoga, including an early school experience along with various “daily life” hands-on stations in the ▇▇▇▇▇▇▇▇▇▇ House to explore family life in the late 1800s;
b. Provide lectures, author signings, receptions, historical reenactments, demonstrations, and other activities of coverage of Landlorda historical nature.
c. Operate the Saratoga Historical Museum and provide regular hours that the museum is open to the public.
d. Provide Lessor with an Annual Program Report qualifying participation levels and program offerings during the previous year.
e. Lessee’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADApolicies set forth in Exhibit C.
f. The SHF President shall serve as a liaison between Lessee and Lessor and shall bring all matters pertaining to this agreement to the attention of the City Manager or designee.
▇. ▇▇▇▇▇▇ may make use of all or a portion of the Premises for any municipal purpose at any time subject to Lessee’s consent which shall not be unreasonably withheld. Lessor will provide at least 48 hours’ notice of such use and Lessee’s consent shall be presumed unless Lessee objects within 12 hours of Lessor’s notice of intended use.
C. Lessee shall not lease or sublease the whole or any part of the Premises, nor sell or assign this lease, either voluntarily or by operation of law, nor allow the Premises to be occupied by anyone contrary to the terms hereof, nor permit their use for any purpose other than as hereinabove specified, nor abandon or vacate the Premises, nor fail or refuse to actively cause the Premises to be used as hereinabove specified for the purposes of this lease, without the prior written consent of Lessor.
Appears in 1 contract
Sources: Lease Agreement
Use of Premises. (a) Tenant shall occupy and use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purposethe uses specified in Section 1.1 to conduct Tenant’s business. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises for research and development laboratory use shall be expressly contingent upon Tenant modifying portions of the Premises to biosafety level 1 or biosafety level 2 laboratory space (the “BSL-1/BSL-2 Labs”), which modifications must be performed in accordance either with the Workletter or Article 9 below. Tenant shall not occupy or use the Premises (or permit the use or occupancy of the Premises) for any purpose or in any manner which: (1) is unlawful or in violation of any Law or Hazardous Materials Law; (2) may be dangerous to persons or property or which may substantially increase the cost of, or invalidate, any policy of insurance carried on the Building or covering its operations; (3) is contrary to or prohibited by the terms and conditions of this Lease or the rules of the Building set forth in Article 18; (4) would create or continue a nuisance; or (5) in any manner that will cause the Building or any part thereof not to conform with the Project’s Sustainability Practices or the certification of the Building’s core and shell issued pursuant to the applicable Green Building Standards.
(b) Landlord shall provide Tenant with access card keys the cost of which shall be paid by Tenant within ten (10) days after Landlord’s demand therefor, and Tenant shall place a deposit for such cards with Landlord to cover lost cards or cards which are not returned at the end of the Term.
(c) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the “ADA”) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things: (1) whether Tenant’s business is deemed a “public accommodation” or “commercial facility”, (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. The parties hereby agree that: (i) Landlord shall be responsible for ADA Title III compliance in the Common Areas and in the Premises to the extent required as of the Commencement Date, except as provided below, (ii) Tenant shall be responsible for ADA Title III compliance in the Premises, including any uses Leasehold Improvements or other work to be performed in the Premises under or in connection with this Lease, (iii) Landlord may perform, or require that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial perform, and Tenant shall be paid responsible for the cost of, ADA Title III “path of travel” requirements triggered by Tenant; provided that any such costs Tenant Additions in the Premises, and (iv) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title
(d) Landlord and Tenant agree to cooperate and use commercially reasonable efforts to participate in traffic management programs generally applicable to businesses located in or about the area and Tenant shall encourage and support van, shuttle service, and carpooling by, and staggered and flexible working hours for, its office workers and service employees to the extent reasonably allocated between Tenant and permitted by the requirements of Tenant’s business. Neither this Section or any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 provision of this Lease. Except as permitted above, Tenant Lease is intended to or shall not allow create any use of the Premises which would unreasonably interfere with rights or benefits in any other tenant person, firm, company, governmental entity or the public.
(e) Tenant agrees to cooperate with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises Landlord and to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, comply with any and all guidelines or controls concerning energy management and usage disclosure imposed upon Landlord by federal or state governmental organizations or by any energy conservation association to which Landlord is a party or which is applicable provisions to the Building, including, without limitation, the requirements of California’s Nonresidential Building Energy Use Disclosure Program, as more particularly specified in California Public Resources Code Sections 25402.10 et seq. and regulations adopted pursuant thereto. Further, Tenant hereby authorizes (and agrees that Landlord shall have the authority to authorize) any electric or gas utility company providing service to the Building to disclose from time to time so much of the April 29data collected and maintained by it regarding Tenant’s energy consumption data as may be necessary to cause the Building to participate in the ENERGY STAR® Portfolio Manager system and similar programs; and Tenant further authorizes Landlord to disclose information concerning energy use by Tenant, 2002 Transportation Management Planeither individually or in combination with the energy use of other tenants, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises as applicable as Landlord determines to be a “place of public accommodation” under the Americans necessary to comply with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made applicable Laws pertaining to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAownership thereof.
Appears in 1 contract
Use of Premises. (a) Tenant shall use and any Affiliate may use, occupy and operate the Premises only for biomedical laboratory research, in accordance with the use clause set forth in the Rider. Tenant agrees at all times during the Lease Term and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, any extensions thereof to comply with all Law affecting the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlorduse of the Premises; provided, however, that in no event shall any portion Tenant be obligated to perform structural or mechanical alterations to the Premises or the Building to comply with such Law except to the extent that such compliance results from Tenant’s specific use of the Premises (as opposed to mere office use) or Alterations (as defined in Section 9.2 hereof) performed by Tenant.
(b) Tenant acknowledges and agrees that the precise location of equipment of the Premises in the Building, to the Building or between and among floors, both on the Commencement Date and as same may be used for a vivarium for animals larger than rodentsmodified, expanded or adjusted from time-to-time after initial occupancy, shall be in conformity with plans and specifications which have been approved in writing in advance by the Landlord, in Landlord’s reasonable discretion, and shall otherwise be in accordance with Building operating regulations. At either’s requestWith respect to the location of equipment within the Premises, Landlord shall have the right to review and approve such initial placement and any relocation thereof, with such approval not to be unreasonably withheld or delayed.
(c) Tenant shall cooperate and assist each not use the Premises for any unlawful purpose or in any manner that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant of the Building, or in developing and implementing a communications plan any manner different from the Permitted Use, such that it will increase the number of parking spaces required for the Project and Building at full occupancy or otherwise as required by law.
(d) Tenant shall pay, within thirty (30) days of notice thereof, but in any event before delinquency, any business, Rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s 's use or occupancy of the Premises, including the conduct of Tenant's business in the Premises or Tenant's equipment, fixtures, furnishings, inventory or personal property. If any uses such tax or fee is enacted or altered so that may be deemed controversialsuch tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall pay to Landlord as Additional Rent the amount of such tax or fee within thirty (30) days of its having been assessed, but in no event in a fashion as to constitute a delinquency in the payment of such taxes, fees or assessments. The reasonable costs to develop Tenant shall also promptly pay any sales tax and/or other local tax now or implement a communications plan with respect to a Tenant use hereafter in existence that is deemed controversial imposed. Any sales tax on rent shall be paid by Tenant; provided that any Tenant to Landlord simultaneously with the monthly payment of Base Rent. Any such costs tax obligation shall be reasonably allocated between deemed Additional Rent.
(a) Tenant shall not cause or permit any Hazardous Materials (as defined below) to be generated, used, released, stored or disposed of in or about the Premises, Building or Complex, except usual and customary office and cleaning products, used in accordance with all applicable laws. “Hazardous Materials” means (a) asbestos and any asbestos containing material and any substance that is then defined or listed in, or otherwise classified pursuant to, any Environmental Law or any other applicable Law as a “hazardous substance,” “hazardous material,” “hazardous waste,” “infectious waste,” “toxic substance,” “toxic pollutant” or any other formulation intended to define, list, or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, or Toxicity Characteristic Leaching Procedure (TCLP) toxicity, (b) any petroleum and drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources, and (c) any petroleum product, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive material (including any source, special nuclear, or by product material), medical waste, chlorofluorocarbon, lead or lead-based product, and any other tenant substance whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to presence could be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made detrimental to the Building or the Premises under such lawsland or hazardous to health or the environment. If “Environmental Law” means any governmental authority shall deem present and future Law and any portion of the Project amendments (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Projectwhether common law, Landlord shall be responsible forstatute, at its costrule, any alterationsorder, structural regulation or otherwise), required to be made permits and other requirements or guidelines of governmental authorities applicable to the Building or the land and relating to the environment and environmental conditions or to any Hazardous Material (other than including, without limitation, CERCLA, 42 U.S.C. § 9601 et seq., the Premises) under such laws. Landlord agrees that Landlord’s Work in Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Premises shall comply with Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq., the ADAFederal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Air Act, 33 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. § 300f et seq., the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. § 1101 et seq., the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq., and any so-called “Super Fund” or “Super Lien” law, any Law requiring the filing of reports and notices relating to hazardous substances, environmental laws administered by the Environmental Protection Agency, and any similar state and local Laws, all amendments thereto and all regulations, orders, decisions, and decrees now or hereafter promulgated thereunder concerning the environment, industrial hygiene or public health or safety).
Appears in 1 contract
Sources: Lease Agreement (Twinlab Consolidated Holdings, Inc.)
Use of Premises. Tenant SUB-LEASE: The leased premises shall use the Premises only for biomedical laboratory research, be used solely and general office and administrative services exclusively by tile LESSEE as and for no other purposeoffice / residential space. Except as specifically provided for in this Section 6, The rights of the Premises LESSEE hereunder shall not be used for any other purpose assigned or sub-leased in whole or in part without Landlord’s the prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises LESSOR. In using the leased premises, the LESSEE shall faithfully comply with the following conditions:
5.1 The LESSEE shall not bring into nor store in the leased premises any inflammable nor explosive goods and materials, nor any article which may expose the leased premises to fire, or thereby increase the fire hazard of tile building, or increase the rate of the insurance of the building, or any article which the LESSOR reasonably prohibit; nor shall the LESSEE carry on and permit upon the said premises any trade or occupation or suffer to be done any other thing, which may make void or voidable in whole or in part any policy for such insurance. The LESSEE shall be held liable for any and all damages the LESSOR may suffer through any such act or omission of the LESSEE.
5.2 The LESSEE shall not use the corridors and patios of the building except as passageway or aisle to go in and out of the leased premises; nor shall the LESSEE make or cause to be made any openings in the leased premises to be used for as a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs counter to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or transact business with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate general public from outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasonsleased premises, Tenant and its employees nor as door, chute, window, skylight, air-conditioning of similar purpose.
5.3 The LESSEE shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for not make any alterations, structural additions or otherwiserepairs, required nor start or procerd with any repair work, or any case, introduce improvements without obtaining the LESSOR's written approval and consent: and the parties hereto agree that all improvements or alterations, additions, repair or works of whatsoever nature made on the leased premises shall upon completion, from an integral part of the leased premises and shall not be removed there from and shall belong to and become the exclusive property of the LESSOR; without any right an the part of the LESSEE to be made reimbursed for the cost nor value thereof.
5.4 The LESSOR reserves the right to prescribed or limit the weight of any machinery, heavy safe, equipment or others or other articles which the LESSEE may warrant to place in the leased premises. The LESSOR shall have the right to designate the position or location for such subject. No machinery, furniture nor other equipment may be brought into nor out of the building or leased premises without the prior written approval of die LESSOR.
5.5 The LESSEE shall maintain the leased premises in a clean, safe and /sanitary condition; the LESSEE shall dispose of all rubbish only through the means that the LESSOR may require or provide.
5.6 The LESSEE shall not make, permit or suffer to be committed upon the lease premises any disturbing noise caused by them or persons under their control that may constitute a nuisance or convenience of the other tenants in the above-mentioned office building or condominium.
5.7 The LESSEE must not, in any way, block the passageway leading to the Building or fire escape, nor use the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law said passageway as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAstorage.
Appears in 1 contract
Use of Premises. Tenant shall use the Premises only for biomedical laboratory research, and general office and administrative services and for no other purposethe Permitted Use. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion Tenant's use of the Premises be used for may include a vivarium for animals larger than rodentslunch room or kitchenette. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s 's insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably cause the value or utility of any part of the Premises to diminish or would interfere with any other tenant Tenant or with the operation of the Project by Landlord. Tenant shall not cause or permit any nuisance or waste upon the Premises Premises, or allow any offensive noise or odor in or around the Premises to emanate outside or in any way obstruct or interfere with the rights of other tenants or occupants of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a weekProject. Tenant shall complyacknowledges that the Americans With Disabilities Act of 1990 (as amended and as supplemented by further laws from time to time, at Tenant’s costthe "ADA") imposes certain requirements upon the owners, with any lessees and all applicable provisions operators of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place commercial facilities and places of public accommodation” under , including, without limitation, prohibitions on discrimination against any individual on the Americans with Disabilities Act (“ADA”) or any other comparable law as a result basis of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such lawsdisability. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible foras of the Commencement Date for the compliance of the Premises and the common areas of the Project with the ADA in effect as of the Commencement Date, assuming the use of the Premises is as set forth in this Lease. Notwithstanding any other provision of this Lease, Tenant agrees, at its costTenant's expense, to take all proper and necessary action to cause the Premises, any alterationsnon-structural repairs, structural or otherwisereplacements, required alterations and improvements thereto to be made maintained, used and occupied in compliance with the ADA requirements, whether or not those requirements are based upon the Tenant's use of the Premises and, further, to the Building (other than otherwise assume all responsibility to ensure the Premises) under such laws' continued compliance with all provisions of the ADA throughout the Term. Landlord agrees that Landlord’s Work Nothing in this Lease shall be deemed to make Tenant responsible for maintenance of the Premises shall comply with structural components of the ADABuilding.
Appears in 1 contract
Sources: Consent to Sublease (NovaCardia Inc)
Use of Premises. A. Tenant shall use the Premises solely for the purpose as set forth in the Preamble of this Lease. Tenant represents that it has performed its due diligence and that such use is permissible and allowed by the requisite governmental authorities having jurisdiction over the Premises.
▇. ▇▇▇▇▇▇ acknowledges that it has fully inspected and accepts the Premises in their present condition and "as is" (subject only for biomedical laboratory researchto the improvements set forth herein under the Work Letter, if any and only if attached and initialed) and without warranty or representations of any kind except as specifically set forth in this Lease, and general office that the same are then suitable for the use specified herein. Tenant represents that it has not relied on any representations of Landlord or any agent of Landlord but solely on its own investigations and administrative services due diligence.
C. The Premises are leased subject to any and for no other purposeall conditions that an accurate examination of the Premises will disclose. Except as specifically provided for in this Section 6, ▇▇▇▇▇▇’s taking possession of the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, conclusive evidence against the Tenant that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodentswere in good order and satisfactory condition when ▇▇▇▇▇▇ took possession. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for has fully investigated the Project and Tenant’s use condition of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant zoning and any other tenant whose use is addressed by applicable laws and governmental and quasi-governmental regulations relating to or applicable to the communications plan. Except as permitted above, Tenant shall not allow any Premises and Tenant’s proposed use of the Premises or has knowingly waived its right to do so and is fully familiar with the physical condition of the Premises and every part thereof, including without limitation, the indoor air quality (“IAQ”) generally and compliance with all laws, including, without limitation, Americans With Disability Act, zoning and use, and Tenant accepts the same “as is” therein. Tenant has not received nor relied on any representation of Landlord or its employees or agents unless specifically set forth in this Lease. No promises of Landlord to alter, remodel or improve the Premises have been made by Landlord to Tenant, unless the same is contained by written Work Letter, if any attached hereto. At the termination of this Lease, by lapse of time or otherwise, Tenant shall return the Premises to Landlord in as good a condition as when ▇▇▇▇▇▇ took possession, ordinary wear and tear excepted, failing which will negatively affect Landlord may restore the cost of coverage of Landlord’s insurance on Premises to such condition, and Tenant shall pay the Projectcosts thereof. Tenant shall not make or allow any inflammable or explosive liquids or materials to be kept on made any alterations or physical additions in or to the Premises except as authorized without first obtaining the written consent of Landlord, which consent may, in the sole discretion of Landlord, be denied. Any alterations, physical additions or improvements to the Premises made by Tenant shall at once become the property of Landlord and permitted under Section 27 shall be surrendered to Landlord upon the termination of this Lease. Except as permitted above; provided however, Landlord, at its option, may require Tenant shall not allow to remove any use of the Premises which would unreasonably interfere with physical additions and/or repair any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor alterations in or around order to restore the Premises to emanate outside the condition existing at the time Tenant took possession and all costs of removal and/or alterations to be borne by Tenant.
D. It is the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s costsole responsibility to apply for and obtain all governmental approvals, with zoning approval business licenses, use permits and the like, and tenant shall use high diligence in obtaining same, including the pursuit of all administrative remedies and appeals and shall indemnify and hold Landlord harmless from any and all applicable provisions of the April 29costs and expenses incurred by Landlord, 2002 Transportation Management Planincluding without limitation code enforcement fines, a copy of penalties and administrative costs and expenses and attorneys’ fees, which has been supplied to Tenant. If any governmental authority shall deem the Premises to may be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law incurred by Landlord as a result of Tenant▇▇▇▇▇▇’s use, Tenant shall either modify its use failure to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If fully and faithfully comply with this Article and/or with any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA requisites or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such lawsrequirements. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAIntentionally Deleted.
Appears in 1 contract
Sources: Lease Agreement
Use of Premises. Tenant shall (a) Lessee covenants to use the Premises only for biomedical laboratory research, and general office purposes and administrative services to use them in a careful, safe and proper manner; to pay on demand for no other purpose. Except as specifically provided for in this Section 6, any damage to the Premises shall caused by negligent act or omission of such Premises by Lessee, its agents or employees or of any other person entering upon the Premises under express or implied invitation of Lessee; not to use or permit the Premises to be used for any purposes prohibited by the laws of the United States, the State of Colorado, the County of ▇▇▇▇▇, or the ordinances of the City of Denver; and not to commit waste, nor suffer, nor permit waste to be committed, nor permit any nuisance on or in the Premises.
(b) Lessee agrees to keep the Premises in a neat, clean and attractive condition; to comply properly with all laws, ordinances, and other governmental rules and regulations concerning the Premises or the streets, sidewalks, alleys, parks, parkways, and other public property abutting the Premises; to use the Premises for no purpose which would render void the fire, extended coverage and added perils insurance on the building. Lessee agrees to pay all extra insurance premiums on the building on which the Premises are a part if such extra insurance premiums are reasonably required as the result of the use which Lessee shall make of the Premises.
(c) Lessee will not at any time without Landlord’s obtaining Lessor's prior written consent conduct or permit any fire, bankruptcy or auction sale on the Premises; or change the exterior color of the building or any part thereof; or park, operate, load or unload any truck or other delivery vehicle at any place other than the loading area designated for such use; or use the plumbing facilities for any purpose other than that for which consent they were constructed or dispose of any foreign substance therein; or install any shades, awnings, machinery, motors, or ducts, or install any amplifiers, loudspeakers, phonographs, microphones, or similar devices for any purpose, or use any advertising medium, which may be heard or seen inside or outside the building; permit any rubbish or garbage to accumulate on the Premises in other than rubbish removal areas; or install, maintain, alter, or operate any sign or display visible to public view inside or outside of the building, except as approved by Lessor, or store materials, supplies, equipment or other materials outside the building or outside of the space occupied by Lessee.
(d) Lessee will not be unreasonably withheld, conditioned at any time deface or delayed by Landlord; provided, however, that in no event shall injure any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s requestor burn anything in or about the Premises; or keep or display any merchandise or other object on or otherwise obstruct any sidewalks, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for stairways, walkways, streets, parks or parkways; or use or permit the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law Premises as a result living quarters, sleeping rooms or for similar uses.
(e) The Rules and Regulations attached hereto and marked Exhibit "C", as well as rules and regulations as may be hereafter adopted from time to time by Lessor for the safety, care and cleanliness of the uses permitted under applicable laws Premises and the Master Use Permit or other land use permits for the Projectpreservation of good order thereon, Landlord shall be responsible forare hereby expressly made a part hereof, at its cost, any alterations, structural or otherwise, required and Lessee agrees to be made to the Building (other than the Premises) under obey all such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADARules and Regulations.
Appears in 1 contract
Use of Premises. Tenant The Premises shall use the Premises be used only for biomedical laboratory researchsuch lawful purposes as may be directly related or incidental to the operation of an apparel company, and general office and administrative services and for no other use or purpose. Except Sublessee acknowledges that Sublessor has not made any representations or warranties with respect to the suitability of the Premises for Sublessee's uses. Sublessee and Sublessee's Parties shall at all times comply with all rules and regulations regarding the Premises, as specifically provided Sublessor may establish from time to time. Sublessee shall be responsible for in this Section 6and shall, at its own cost and expense, obtain any and all licenses and permits necessary for any use by Sublessee of the Premises. Sublessee shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, including, without limitation, the Americans with Disabilities Act of 1990 triggered subsequent to the Commencement Date as a result of Sublessee's alterations or use of the Premises. Without limiting the generality of the foregoing, and subject to Paragraph 7 below, Sublessee shall at its own cost and expense install and construct all physical improvements to or needed to serve the Premises shall (i) required by any federal, state or local building code or other law or regulation enacted or becoming effective after the Commencement Date, including, but not be used limited to, special plumbing, railings, ramps and other improvements for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withhelduse by the handicapped, conditioned or delayed (ii) made necessary by Landlord; the nature of Sublessee's use of the Premises, provided, however, that Sublessor shall have the option to install and construct such improvements, in no event which case the cost thereof shall any be equitably allocated by Sublessor in its reasonable discretion among the benefited premises, and Sublessee, upon demand, shall pay to Sublessor, as Additional Rent, such portion of the cost thereof as may be allocated equitably, in Sublessor's reasonable discretion, to the Premises. Sublessee shall not place a load upon the floor of the Premises that exceeds the load per square foot that such floor was designed to carry and which is allowed by law. Sublessee shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Sublessee's sole expense. Sublessee shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises. Sublessee shall not permit the Premises to be used for a vivarium for animals larger than rodentsany purpose or in any manner (including without limitation any method of storage) that would render the insurance thereon void or the insurance risk more hazardous or cause the state insurance authority to disallow any sprinkler credits. At either’s request, Landlord If any increase in the fire and Tenant shall cooperate extended coverage insurance premiums paid by Sublessor is caused by Sublessee's use and assist each other in developing and implementing a communications plan for the Project and Tenant’s use occupancy of the Premises, including or if Sublessee vacates the Premises and causes any uses that may be deemed controversial. The reasonable costs increase in such premiums, then Sublessee shall pay as additional Rent the amount of such increase to develop Sublessor, and, upon demand by Sublessor, correct at Sublessee's expense the cause of such disallowance, increased cost, penalty or implement a communications plan with respect surcharge to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use satisfaction of the Premises which will negatively affect the cost of coverage of Landlord’s particular insurance on the Project. Tenant shall not allow any inflammable provider or explosive liquids or materials to be kept on the Premises except authority, as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAapplicable.
Appears in 1 contract
Sources: Sublease (Blue Holdings, Inc.)
Use of Premises. Tenant shall agrees that it will use and occupy the Leased --------------- Premises only solely for biomedical laboratory research, and general office and administrative services and for no other purposestorage purposes. Except as specifically provided for in this Section 6, Tenant will not use or occupy the Leased Premises shall not be used for any other unlawful purpose without Landlord’s prior written consent which consent may not be unreasonably withheldand will comply with all present and future laws, conditioned or delayed by Landlord; providedordinances, however, that in no event shall any portion regulations and orders of all governmental units having jurisdiction over the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Leased Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow cause or permit any inflammable unusual noise, odors or explosive liquids nuisance in or materials about the Leased Premises and the Building and grounds nor shall Tenant permit any debris, property or merchandise of Tenant, its officers, employees or agents to be kept on placed or left upon the Premises except as authorized grounds; and permitted under Section 27 Tenant, its officers and employees shall observe all rules and regulations adopted by Landlord for the general safety, comfort and convenience of this Lease. Except as permitted aboveLandlord, Tenant shall not allow any and other tenants including the reasonable assignment of one hundred twenty (120) parking spaces, as shown on Exhibit D, for the exclusive use of Tenant or other tenants of Landlord in the Building. Landlord disclaims any warranty that the Leased Premises which would unreasonably interfere with any other tenant or with are suitable for Tenant's use and Tenant acknowledges that it has had full opportunity to make its own determination in this regard. Tenant warrants that the operation of its business will not be harmful to the Project by Landlord. Building or the mechanical equipment within the Building and Tenant shall not permit any nuisance or waste upon be liable in the Premises or allow any offensive noise or odor in or around event of damage arising from such harmful operation. In the Premises to emanate outside of event Landlord's insurance premiums are increased above the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law standard building rate as a result of Tenant’s use's use of the Leased Premises, Tenant will pay to Landlord as additional rent the amount of such increase. In the event Tenant shall either modify cause or permit any unusual noise, odor or nuisance or the storage of any debris, property or merchandise of Tenant, its use officers, employees or agents, in or about the Leased Premises, Building or grounds in violation of the terms of this Section 7, Landlord shall, after notice to cause Tenant and Tenant's failure to correct said violation within 5 business days of said notice, be entitled to take any steps it deems reasonably necessary to correct or remove such authority to rescind its designation violation and Tenant shall pay Landlord, as additional rent hereunder, all costs and expenses incurred in such correction or be removal including all costs and expenses incurred in ascertaining which Tenant is responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAviolation.
Appears in 1 contract
Sources: Lease Agreement (Vialog Corp)
Use of Premises. Tenant shall not be deemed a Food Court Tenant at the Property. Tenant shall use the Premises only solely for biomedical laboratory researchthe operation of a toy store, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other use or purpose without Landlord’s 's prior written, reasonable approval. Tenant shall sell a large variety of toys and agrees that Tenant shall not use the Premises in violation of any of the Restricted Uses (hereinafter defined). Without limiting the foregoing preclusions, Tenant specifically agrees that Tenant shall not sell pets or charge the public for entertainment (machines or activities or otherwise). Tenant agrees that its sale of bicycles shall be generally children's and family quality bicycles (and shall therefore not include high-end bicycles). Tenant further agrees that to the extent Tenant sells consumer electronics which are consistent with the operation of a toy store, the display of said electronics shall not exceed 400 square feet of the Premises. Tenant further agrees that in the event Tenant sells computer software, prerecorded audio and/or video records, discs, tapes and/or related devices, Tenant's Gross Sales from such items shall be less than fifteen percent (15%) of Tenant's total Gross Sales, and Tenant agrees that Tenant shall not rent such items. Tenant also agrees that in the event Tenant sells children's apparel, Tenant's Gross Sales from such items shall be less than ten percent (10%) of Tenant's total Gross Sales. Landlord shall give its reasonable approval to alternative or additional uses if said uses are (i) consistent with a "first-class promotional retail center", and (ii) not a Restricted Use at the time of request, and (iii) not the primary use of another tenant on the Property at the time of request where "primary use" shall mean that such other tenant operates fifty percent (50%) or more of its floor area for such use, or derives fifty percent (50%) or more of its Gross Sales from such use. Restricted Uses are any exclusive or restricted or objectionable uses ("Restricted Uses") Landlord has agreed to preclude or restrict pursuant to written consent agreement with another tenant or owner in the Property as of the Effective Date hereof or at any time prior to Tenant's addition of said use or Tenant's notice to Landlord of Tenant's proposed alternative use or which consent are precluded or restricted by the CC&R's referenced in Section 7.1 hereof, and as such preclusions or restrictions may not be unreasonably withheld, conditioned amended or delayed by Landlordexpanded from time to time; provided, however, that in no event Landlord shall any portion of not create a Restricted Use after the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use Effective Date that is deemed controversial shall be paid by inconsistent with Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose 's exclusive use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAdescribed hereinbelow.
Appears in 1 contract
Use of Premises. Tenant shall use the Premises only for biomedical laboratory researchresidential purposes. Tenant shall have exclusive use and right of possession to the dwelling. The Premises shall be used so as to comply with all state, county, municipal laws and ordinances, and general office all covenants and administrative services and for no other purpose. Except as specifically provided for in this Section 6, restrictions affecting the Premises and all rules and regulations of homeowners’ associations affecting the Premises.
a. Occasional overnight guests are permitted. An occasional overnight guest is one who does not stay more than seven (7) nights in any calendar month. Landlord’s approval is required to allow anyone else to occupy the Premises for a longer period.
b. Tenant must act, and require all other persons on the Premises to act, in a manner that does not unreasonably disturb any neighbors or constitute a breach of the peace.
c. Tenant may not paint or make any alterations or improvements to the Premises without first obtaining Landlord’s written consent to the alteration or improvement.
d. If the Tenant receives permission to paint, alter or improve the premises, THE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FROM IMPROVEMENTS MADE BY THE TENANT AS PROVIDED IN SECTION 713.10, FLORIDA STATUTES. Tenant shall notify all parties performing work on the Premises at Tenant’s request that the Lease does not be used for allow any other purpose liens to attach to Landlord’s interest. Initial /
e. Any improvements or alterations to the Premises made by the Tenant shall become Landlord’s property.
f. Tenant may hang pictures and install window treatments in the Premises without Landlord’s prior written consent consent, provided Tenant removes all such items before the end of the Lease Term and repairs all damage resulting from the removal which consent may includes patch and paint. Initial /
g. Tenant shall not be unreasonably withhelddestroy, conditioned deface, damage, impair, or delayed by Landlord; provided, however, that in no event shall remove any portion part of the Premises belonging to Landlord, nor permit any person to do so.
h. Tenant agrees not to use, keep, or store on the Premises any dangerous, explosive, toxic material which would increase the probability of fire or which would increase the cost of insuring the Premises.
i. Tenant shall not create any environmental hazards on or about the Premises.
j. All vehicles parked on the premises must be used properly maintained and must have current registration and tags. In the event the tenant wishes to do mechanical repairs to a vehicle, the repairs must be completed in a timely fashion.
k. Tenant shall not operate an ATV (All-Terrain Vehicle) or any similar vehicle on the property or adjoining streets and right of ways. The use of an ATV or similar vehicle is a high-risk activity, which the owner forbids on the premises. The operation of ATVs and similar vehicles is also extremely noisy and causes an unnecessary disturbance to the neighbors.
l. Tenant shall not install or cause to be installed a trampoline in the yard without prior consent from the landlord. If permission for a vivarium for animals larger than rodents. At either’s requesttrampoline is granted, Tenant shall execute an addendum to the Lease guaranteeing proper installation, purchase of liability coverage and holding the Landlord and Tenant shall cooperate and assist each other the Landlord’s Agent harmless in developing and implementing a communications plan for the Project and Tenant’s event of an injury or liability claim resulting from the use of the Premises, including any uses that may trampoline.
m. Tenant shall not install or cause to be deemed controversialinstalled an above-the-ground swimming pool without prior consent from the landlord. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that If permission for an above-the-ground pool is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted abovegiven, Tenant shall not allow any execute an addendum to the lease guaranteeing proper installation, purchase of liability coverage for use of the Premises which pool and guaranteeing that the lawn will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials be returned to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use former status upon removal of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADApool.
Appears in 1 contract
Sources: Residential Lease
Use of Premises. 6.1 Tenant shall use and occupy the Premises only solely for biomedical laboratory researchgeneral (non-medical and non-governmental) office purposes for a business and in a manner that is consistent with the first-class image of the Building and which is in compliance with the requirements of this Article VI and is compatible with the other uses within, and general office and administrative services the terms of other leases with respect to, the Building, and for no other use or purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable use or explosive liquids or materials to be kept on occupy the Premises except as authorized and permitted under Section 27 for any unlawful purpose, or in any manner that will violate the certificate of this Lease. Except as permitted above, Tenant shall not allow any use of occupancy for the Premises which would unreasonably interfere with or the Building or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant or with the operation user of the Project Building (in each case, in Landlord's reasonable judgment), or in any manner that will increase the number of parking spaces required for the Building or its full occupancy as required by Landlordlaw. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasonscomply with all present and future laws (including, Tenant and its employees shall have access to the Premises 24 hours per daywithout limitation, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“the "ADA”") and the regulations promulgated thereunder, as the same may be amended from time to time), ordinances (including without limitation, zoning ordinances and land use requirements), regulations, orders and recommendations (including, without limitation, those made by any public or private agency having authority over insurance rates) (collectively, "LAWS") concerning the use, occupancy and condition of the Premises and all machinery, equipment, furnishings, fixtures and improvements therein, all of which shall be complied with in a timely manner at Tenant's sole expense. Notwithstanding the foregoing, Landlord shall be responsible for compliance of the Common Areas, Land and base building components within the Premises (except to the extent of any Alterations made by Tenant) with all applicable Laws, including, but not limited to, the ADA, throughout the Lease Term. If any such Law requires an occupancy or use permit or license for the Premises or the operation of the business conducted therein (including a certificate of occupancy or nonresidential use permit), then Tenant shall obtain and keep current such permit or license at Tenant's expense and shall promptly deliver a copy thereof to Landlord. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not use any space in the Building for the sale of goods to the public at large or for the sale at auction of goods or property of any kind. Tenant shall not conduct any operations, sales, promotions, advertising or special events in, on or about the Complex outside of the Premises. Tenant shall have the right to contest any attempted enforcement by any governmental agency of any of the Laws against Tenant, and provided that Tenant is diligently pursing such contest, then Tenant shall not be deemed to be in default under this Lease with respect to any compliance with such Laws unless and until such contest has been finally adjudicated and is not subject to any further contest or appeal.
6.2 Tenant shall pay before delinquency any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant's use or occupancy of the Premises, the conduct of Tenant's business at the Premises, or Tenant's equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall pay as additional rent the amount of such tax or fee.
6.3 Tenant shall not cause or permit any Hazardous Materials to be generated, used, released, stored or disposed of in or about the Building, the Land, or the Complex, provided that Tenant may use and store reasonable quantities of standard cleaning materials and office supplies as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises provided the same are handled, stored and disposed of in accordance with all Laws. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord free of Hazardous Materials which are brought into the Premises by Tenant or any Invitees (as hereinafter defined) by Tenant and free of any Environmental Default on the part of Tenant. "HAZARDOUS MATERIALS" means (a) asbestos and any asbestos containing material and any substance that is then defined or listed in, or otherwise classified pursuant to, any Environmental Law or any other comparable law applicable Law as a result "HAZARDOUS SUBSTANCE," "HAZARDOUS MATERIAL," "HAZARDOUS WASTE," "INFECTIOUS WASTE," "TOXIC SUBSTANCE," "TOXIC POLLUTANT" or any other formulation intended to define, list, or classify substances by reason of Tenant’s usedeleterious properties such as ignitability, Tenant shall either modify its use corrosively, reactivity, carcinogenicity, toxicity, reproductive toxicity, or Toxicity Characteristic Leaching Procedure (TCLP) toxicity, (b) any petroleum and drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources, and (c) any petroleum product, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive material (including any source, special nuclear, or by-product material), medical waste, chlorofluorocarbon, lead or lead-based product, and any other substance whose presence could be detrimental to cause such authority the Building, the Land, or the Complex or hazardous to rescind its designation health or be responsible for the environment. "ENVIRONMENTAL LAW" means any alterationspresent and future Law and any amendments (whether common law, structural statute, rule, order, regulation or otherwise), required to be made permits and other requirements or guidelines of governmental authorities applicable to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws Land and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made relating to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAenvironment and environmental conditions or to any Hazardous Material.
Appears in 1 contract
Use of Premises. Tenant shall Subject to any additional uses or limitations on use contained in Item 8 of the Basic Lease Provisions, the Premises shall be used only for biomedical laboratory researchthe purpose of receiving, storing, shipping and general office selling (other than retail) products, materials and administrative services merchandise made and/or distributed by Tenant and for such other lawful purposes as may be directly incidental thereto, and for no other use or purpose. Except as specifically provided Tenant acknowledges that Landlord has not made any representations or warranties with respect to the suitability of the Premises for in this Section 6Tenant's uses. Tenant and Tenant's Parties shall at all times comply with all rules and regulations regarding the Premises of which Tenant is notified, the Premises Building and/or the Project as Landlord may establish from time to time. Landlord shall not be used responsible for nor liable to Tenant for any violation and/or enforcement of such rules and regulations by any other purpose tenant of the Project. Tenant shall be responsible for and shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, including, without Landlord’s prior written consent which consent may limitation, the Americans with Disabilities Act of 1990, as amended, triggered subsequent to the Commencement Date as a result of Tenant's alterations or use of the Premises. Without limiting the generality of the foregoing, and subject to Paragraph 7 below, Tenant shall at its own cost and expense install and construct all physical improvements to or needed to serve the Premises (i) required by any federal, state or local building code or other law or regulation enacted or becoming effective after the Commencement Date, including, but not be unreasonably withheldlimited to, conditioned special plumbing, railings, ramps and other improvements for use by the handicapped, or delayed (ii) made necessary by Landlordthe nature of Tenant's use of the Premises; provided, however, that Landlord shall have the option to install and construct such improvements, in no event which case the cost thereof shall any be equitably allocated by Landlord in its reasonable discretion among the benefitted premises, and Tenant, upon demand, shall pay to Landlord, as Additional Rent, such portion of the Premises cost thereof as may be used for a vivarium for animals larger than rodents. At either’s requestallocated equitably, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of Landlord's reasonable discretion, to the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use place a load upon the floor of the Premises which will negatively affect exceeds the cost of coverage of Landlord’s insurance on the Projectload per square foot which Tenant is notified by Landlord that such floor was designed to carry and which is allowed by law. Tenant shall not allow any inflammable promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or explosive liquids upon, or materials to be kept on connected with, the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted abovePremises, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlordall at Tenant's sole expense. Tenant shall not permit any nuisance objectionable or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.unpleasant odors,
Appears in 1 contract
Sources: Standard Industrial Lease Agreement (Quaker Fabric Corp /De/)
Use of Premises. Tenant A. The Premises shall use be used by Lessee for the Premises only for biomedical laboratory research, maintenance and general office operation of a Senior Center and administrative services Adult Care Center and for no other purpose. Except as specifically provided As consideration for in this Section 6, use of the Premises Lessee shall not be used have the following responsibilities:
a. Provide licensed Adult Day Care Services Monday through Friday eight hours per day. Such Services must comply with Title 22. Division 6. Chapter 3 of the California Department of Social Services Manual of Policies and Procedures.
b. Maintain and support a Senior Center providing services including the following on-going services: activities and classes appropriate for seniors, a weekly senior lunch program, blood pressure checks, tax assistance, vision screening, hearing tests, safe driving program, flu shots, and other services as available to the senior population.
c. Provide Lessor with a Quarterly Program Report quantifying participation levels and program offerings during the previous quarter.
d. Ensure that all use of the Premises complies with the policies set forth in Exhibit C.
e. The Director of SASCC shall serve as a liaison between Lessee and Lessor and shall bring all matters pertaining to items (a) through (d), above, to the attention of the City Manager or designee.
▇. ▇▇▇▇▇▇ may make use of all or a portion of the Premises for any other municipal purpose without Landlordat any time subject to Lessee’s prior written consent which consent may shall not be unreasonably withheld, conditioned . Lessor will provide at least 48 hours’ notice of such use and Lessee’s consent shall be presumed unless Lessee objects within 12 hours of Lessor’s notice of intended use.
C. Lessee shall not lease or delayed by Landlord; provided, however, that in no event shall sublease the whole or any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use part of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop nor sell or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid assign this lease, either voluntarily or by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or law, nor allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under occupied by anyone contrary to the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s useterms hereof, Tenant shall either modify its nor permit their use to cause such authority to rescind its designation or be responsible for any alterationspurpose other than as hereinabove specified, structural nor abandon or otherwisevacate the Premises, required nor fail or refuse to actively cause the Premises to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law used as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits hereinabove specified for the Projectpurposes of this lease, Landlord without the prior written consent of Lessor. For uses by third parties providing senior or adult day care services in cooperation with Lessee, Lessor’s consent shall not be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAunreasonably withheld.
Appears in 1 contract
Sources: Lease Agreement
Use of Premises. A. The Premises shall be occupied and used by Tenant shall use the Premises only for biomedical laboratory researchTenant's Permitted Use as set forth on the Schedule, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6Without limiting the generality of the foregoing, the Premises no use shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion made of the Premises be used for nor acts done which are unlawful, unsafe, create a vivarium for animals larger than rodents. At either’s requestnuisance, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project, or may cause a cancellation of any insurance policy covering the Project by Landlordor any part hereof. Tenant shall not permit any nuisance to be kept, used or waste upon sold in or about the Premises any article which may be extra-hazardous or allow any offensive noise or odor in or around prohibited by Landlord's insurance policies. If Tenant's particular use of the Premises to emanate outside causes the rate of the Premises. Subject to events beyond Landlord’s control fire or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem other insurance on the Premises to be a “place of public accommodation” under increased beyond the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s userate otherwise applicable to the Premises, Tenant shall either modify its use to cause such authority to rescind its designation pay the reasonable amount of any increase.
B. Tenant shall not install, use, generate, store, release or be responsible for any alterations, structural dispose of in or otherwise, required to be made to about the Building Premises or the Premises Project any hazardous substance, toxic chemical, radioactive material, explosive, pollutant or contaminant (including, without limitation, any hazardous substances as defined under applicable federal, state and local statutes, ordinances and regulations, and petroleum, asbestos or PCB's), nor allow others to engage in such laws. If any governmental authority activities, without Landlord's prior written approval of each such substance, except that Landlord's approval shall deem any portion not be required for use by Tenant of the Project (other than the Premises) to be a “place immaterial quantities of public accommodation” under the ADA or any other comparable law such substances customarily used in office business operations so long as a result of the Tenant uses permitted under such substances in accordance with applicable laws and the Master Use Permit highest prevailing industry standards. Tenant shall indemnify, defend and hold Landlord harmless from and against any claim, damage or other land use permits for expense, including, without limitation, all testing, enforcement, cleanup and remedial costs and reasonable attorney's fees, arising out of the Projectinstallation, use, generation, storage, release or disposal of any such substance, regardless of whether Landlord has approved the activity. Tenant's obligations under this Section 6B shall be responsible for, at its cost, any alterations, structural survive the expiration or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAtermination of this Lease.
Appears in 1 contract
Use of Premises. 6.1. Tenant shall use and occupy the Premises only solely for biomedical laboratory researchgeneral (non-medical, non-retail and general non-governmental) office and administrative services purposes compatible with first class office buildings in the jurisdiction in which the Building is located, and for no other use or purpose. Except Tenant shall not use or occupy the Premises for any unlawful purpose, or in any manner that will violate the certificate of occupancy for the Premises or the Building or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant or use of the Building, or in any manner that will increase the number of parking spaces required for the Building or its full occupancy as specifically provided for in this Section 6required by law. Tenant shall comply with all present and future laws (including, without limitation, the Americans with Disabilities Act (the “ADA”) and the regulations promulgated thereunder, as the same may be amended from time to time), ordinances (including without limitation, zoning ordinances and land use requirements), regulations, orders and recommendations (including, without limitation, those made by any public or private agency having authority over insurance rates) (collectively, “Laws”) concerning the use, occupancy and condition of the Premises and all machinery, equipment, furnishings, fixtures and improvements therein; all of which shall not be used for any other purpose without Landlordcomplied with in a timely manner at Tenant’s prior written consent which consent may not be unreasonably withheldsole expense. Notwithstanding the foregoing, conditioned or delayed by Landlordbut subject to Section 6.4, Landlord at its expense (subject to reimbursement pursuant to article V, if and to the extent permitted thereby) shall take steps necessary to comply with Laws to the extent the same applies directly to the Building structure and systems and the common areas of the Building as a whole; provided, however, that in no event shall to the extent any portion non-compliance is a result of the use or occupancy of the Premises or any action or inaction of Tenant, or if any improvements made by Landlord to comply with such Laws benefit solely the Premises, then such compliance shall be used at Tenant’s cost; and provided further, however, that Tenant at its expense shall be responsible for all space within the Premises being in compliance with such Laws. If any such Law requires a vivarium occupancy or use permit or license for animals larger than rodents. At either’s requestthe Premises or the operation of the business conducted therein, Landlord and then Tenant shall cooperate obtain and assist each keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Without limiting the generality of the foregoing, Tenant, at its expense, shall install and maintain fire extinguishers and other fire protection devices as may be required from time to time by any agency having jurisdiction thereof and/or the underwriters insuring the Building. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not use any space in developing and implementing a communications plan the Building for the Project and sale of goods to the public at large or for the sale at auction of goods or property of any kind. Tenant shall not conduct any operations, sales, promotions, advertising or special events outside the Premises either in the Building or on the Land.
6.2. Tenant shall pay before delinquency any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s use or occupancy of the Premises, including any uses that may be deemed controversialthe conduct of Tenant’s business at the Premises, or Tenant’s equipment, fixtures, furnishings, inventory or personal property. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that If any such costs shall be reasonably allocated between Tenant and any other tenant whose use tax or fee is addressed by the communications plan. Except as permitted aboveenacted or altered so that such tax is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall not allow any use pay as additional rent the amount of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectsuch tax or fee.
6.3. Tenant shall not allow cause or permit any inflammable or explosive liquids or materials Hazardous Materials to be kept on generated, used, treated, released, stored or disposed of in or about the Building or the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises except so long as authorized same is properly, safely and permitted under Section 27 lawfully stored and used by Tenant, and the quantity of same does not equal or exceed a “reportable quantity” as defined in 40 C.F.R. 302 and 305, as amended. At the expiration or earlier termination of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around surrender the Premises to emanate outside Landlord free of the PremisesHazardous Materials and in compliance with all Environmental Laws. Subject to events beyond Landlord’s control “Hazardous Materials” means (a) asbestos and any asbestos containing material and any substance that is then defined or for safety listed in, or health reasonsotherwise classified pursuant to, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) Environmental Law or any other comparable law applicable Law as a result “hazardous substance,” “Hazardous material,” “hazardous waste,” “infectious waste,” “toxic substance,” “toxic pollutant” or any other formulation intended to define, list, or classify substances by reason of Tenant’s usedeleterious properties such as ignitability, Tenant shall either modify its use to cause such authority to rescind its designation corrosivity, reactivity, carcinogenicity; toxicity, reproductive toxicity, or Toxicity Characteristic Leaching Procedure (TCLP) toxicity, (b) any petroleum and drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources, and (c) any petroleum product, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive material (including any source, special nuclear, or by-product material), medical waste, chlorofluorocarbon, lead or lead-based product, and any other substance whose presence could be responsible for any alterations, structural or otherwise, required to be made detrimental to the Building or the Premises under such lawsLand or hazardous to health or the environment. If “Environmental Law” means any governmental authority shall deem present and future Law and any portion of the Project amendments (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Projectwhether common law, Landlord shall be responsible forstatute, at its costrule, any alterationsorder, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA.regulation or
Appears in 1 contract
Use of Premises. Tenant 8.1 The Premises shall use be used and occupied only for the purposes of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Subtenant from all relevant and required governmental agencies and authorities. Subtenant shall not do or permit anything to done in or about the Premises only for biomedical laboratory researchwhich will in any way interfere with the rights of other occupants of the Building or the Project, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6, or use or allow the Premises shall not to be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheldunlawful purpose, conditioned nor shall Subtenant permit any nuisance or delayed by Landlord; provided, however, that commit any waste in no event shall any portion of the Premises be used for a vivarium for animals larger than rodentsor the Project. At either’s requestSubtenant shall comply at its expense with all present and future laws, Landlord ordinances, restrictions, regulation, orders, rules and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s requirements of all governmental authorities that pertain to Subtenant or its use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial .
8.2 Subtenant shall be paid by Tenant; provided that any such costs entitled to 240 vehicle parking spaces. Spaces shall be reasonably allocated between Tenant unreserved and unassigned, on those portions of the Common Areas designated by Sublandlord for parking. Parking within the Common Areas shall be limited to striped parking stalls. Sublandlord shall have the right to establish, and from time to time amend, and regulate parking as that Sublandlord may deem necessary for operation and maintenance of parking in the Common Areas. Any person using the parking area shall observe all directional signs and arrows and any other tenant whose use is addressed by posted speed limits.
8.3 Subtenant shall be entitled to the communications plan. Except as permitted above, Tenant shall not allow any use of modular furniture currently in places within the Premises which will negatively affect sublease area at the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use time of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlord. Tenant shall not permit any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasonssublease, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions furniture inventories shown on exhibit "C". Uses and maintenance of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenantsaid furniture shall be at subtenants sole expense. If any governmental authority Subtenant shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required damages above normal wear and tear. Subtenant shall have the option to be made to buy the Building or the Premises under such lawsfurniture at any time at fair market value. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADA9.
Appears in 1 contract
Use of Premises. Tenant shall use the Premises manufacturing space only for biomedical laboratory research, manufacturing purposes in connection with Tenant’s business and Tenant shall use the office space only for general office purposes in connection with Tenant’s business and administrative services and the Leased Premises shall be used for no other purpose. Except as specifically provided for in this Section 6, the Premises shall not be used for any other purpose without Landlord’s the prior written consent of Landlord, which consent may shall not be unreasonably withheld, conditioned delayed or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodentsconditioned. At either’s request, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s The use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial Leased Premises shall be paid by Tenant; provided in full compliance with all laws, ordinances, rules and regulations of all public authorities having jurisdiction over the Leased Premises. Tenant expressly acknowledges that any such costs it shall be reasonably allocated between the sole responsibility of Tenant to secure all necessary and any other tenant whose use is addressed by appropriate permits, licenses and approvals from all governmental authorities having jurisdiction for the communications plan. Except as permitted above, Tenant shall not allow any use of the Leased Premises as set forth herein. No part of the Leased Premises shall be occupied or used for any purpose or in any manner so as to increase the insurance risk or prevent the obtaining of insurance or so that, in accordance with any requirements of law or any public authority, Landlord shall be obligated to make any addition or alteration to or in the Building of which will negatively affect the cost of coverage of Landlord’s insurance on the ProjectLeased Premises are a part. Tenant shall not allow perform any inflammable act or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any activity in connection with its use of the Leased Premises which would unreasonably interfere with shall be a nuisance or, in the opinion of Landlord reasonably exercised, adversely affect the use and enjoyment of any other tenant or with the operation occupant of the Project by Landlord. Tenant shall Building, including, but not permit limited to, the creation and/or emission of noxious fumes or odors or noise at unreasonably high sound levels, Provided, however, Landlord acknowledges that Tenant’s permitted use under this Lease does not violate any nuisance or waste upon the Premises or allow any offensive noise or odor in or around the Premises to emanate outside of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work aforementioned restrictions set forth in the Premises shall comply with the ADAthis Section VIII.
Appears in 1 contract
Sources: Lease Agreement (EnSync, Inc.)
Use of Premises. A. The Premises shall be occupied and used by Tenant shall use the Premises only for biomedical laboratory researchTenant's Permitted Use as set forth on the Schedule, and general office and administrative services and for no other purpose. Except as specifically provided for in this Section 6Without limiting the generality of the foregoing, the Premises no use shall not be used for any other purpose without Landlord’s prior written consent which consent may not be unreasonably withheld, conditioned or delayed by Landlord; provided, however, that in no event shall any portion made of the Premises be used for nor acts done which are unlawful, unsafe, create a vivarium for animals larger than rodents. At either’s requestnuisance, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Project. Tenant shall not allow any inflammable or explosive liquids or materials to be kept on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project, or may cause a cancellation of any insurance policy covering the Project by Landlordor any part thereof. Tenant shall not permit any nuisance to be kept, used or waste upon sold in or about the Premises any article which may be extra-hazardous or allow any offensive noise or odor in or around prohibited by Landlord's insurance policies. If Tenant's particular use of the Premises to emanate outside causes the rate of the Premises. Subject to events beyond Landlord’s control fire or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem other insurance on the Premises to be a “place of public accommodation” under increased beyond the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s userate otherwise applicable to the Premises, Tenant shall either modify its use to cause such authority to rescind its designation pay the reasonable amount of any increase.
B. Tenant shall not install, use, generate, store, release or be responsible for any alterations, structural dispose of in or otherwise, required to be made to about the Building Premises or the Premises Project any hazardous substance, toxic chemical, radioactive material, explosive, pollutant or contaminant (including, without limitation, any hazardous substances as defined under applicable federal, state and local statutes, ordinances and regulations, and petroleum, asbestos or PC3's), nor allow others to engage in such laws. If any governmental authority activities, without Landlord's prior written approval of each such substance, except that Landlord's approval shall deem any portion not be required for use by Tenant of the Project (other than the Premises) to be a “place immaterial quantities of public accommodation” under the ADA or any other comparable law such substances customarily used in office business operations so long as a result of the Tenant uses permitted under such substances in accordance with applicable laws and the Master Use Permit highest prevailing industry standards. Tenant shall indemnify, defend and hold Landlord harmless from and against any claim, damage or other land use permits for expense, including, without limitation, all testing, enforcement, cleanup and remedial costs and reasonable attorney's fees, arising out of the Projectinstallation, use, generation, storage, release or disposal of any such substance, regardless of whether Landlord has approved the activity. Tenant's obligations under this Section 6B shall be responsible for, at its cost, any alterations, structural survive the expiration or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAtermination of this Lease.
Appears in 1 contract
Sources: Standard Office Lease (Ebenx Inc)
Use of Premises. Tenant shall use the Premises only for biomedical laboratory researchresidential purposes. Tenant also shall obey, and general office require anyone on the Premises to obey, all laws and administrative services any restrictions that apply to the Premises. Landlord will give Tenant notice of any restrictions that apply to the Premises. The Premises are located in a condominium or cooperative development. The Lease, and for no other purpose. Except as specifically provided for ▇▇▇▇▇▇'s rights under the lease, shall be subject to all terms, conditions, provisions, and restrictions set out in this Section 6the Declaration of Condominium, the Premises shall not plat, and restrictions, rules, and regulations as now exist or may be used for any other purpose without Landlord’s prior written consent which consent adopted, modified, amended, or repealed by the governing association during the Lease Term. Tenant acknowledges that the governing association may not be unreasonably withheldadopt, conditioned modify, amend, or delayed by Landlord; provided, however, that in no event shall any portion of the Premises be used for a vivarium for animals larger than rodents. At either’s request, Landlord repeal rules and Tenant shall cooperate and assist each other in developing and implementing a communications plan regulations for the Project and Tenant’s use of the common areas and the Premises during the Lease Term. * Occasional overnight guests are/are not (circle one) permitted. An occasional overnight guest is one who does not stay more than nights in any calendar month. ▇▇▇▇▇▇▇▇'s written approval is/is not (circle one) required to allow anyone else to occupy the Premises, including any uses that . * Tenant may/may be deemed controversial. The reasonable costs to develop not (circle one) keep or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by allow pets or animals on the communications plan. Except as permitted above, Tenant shall not allow any use Premises without Landlord's approval of the Premises which will negatively affect the cost of coverage of Landlord’s insurance on the Projectpet or animal in writing. Tenant shall not allow keep any inflammable dangerous or explosive liquids flammable items that might increase the danger of fire or materials to be kept damage on the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted above, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by without Landlord's consent. Tenant shall not create any environmental hazards on or about the Premises. Tenant shall not destroy, deface, damage, impair, or remove any part of the Premises belonging to Landlord, nor permit any nuisance person to do so. * Tenant may/may not (circle one) make any alterations or waste upon improvements to the Premises without first obtaining Landlord's written consent to the alteration or allow any offensive noise or odor in or around improvement. Tenant must act, and require all other persons on the Premises to emanate outside act, in a manner that does not unreasonably disturb any neighbors or constitute a breach of the Premises. Subject to events beyond Landlord’s control or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a week. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem the Premises to be a “place of public accommodation” under the Americans with Disabilities Act (“ADA”) or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to cause such authority to rescind its designation or be responsible for any alterations, structural or otherwise, required to be made to the Building or the Premises under such laws. If any governmental authority shall deem any portion of the Project (other than the Premises) to be a “place of public accommodation” under the ADA or any other comparable law as a result of the uses permitted under applicable laws and the Master Use Permit or other land use permits for the Project, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADApeace.
Appears in 1 contract
Sources: Residential Lease Agreement
Use of Premises. Tenant shall Subject to any additional uses or limitations on use contained in Item 8 of the Basic Lease Provisions, the Premises shall be used only for biomedical laboratory researchthe purpose of receiving, storing and shipping products, materials and merchandise, and general office and administrative services for such other lawful purposes as may be directly incidental thereto, and for no other use or purpose. Except as specifically provided Tenant acknowledges that Landlord has not made any representations or warranties with respect to the suitability of the Premises for in this Section 6Tenant's uses. Tenant and Tenant's Parties shall at all times comply with all rules and regulations regarding the Premises, the Premises Building and/or the Project as Landlord may establish from time to time. Landlord shall not be used responsible for nor liable to Tenant for any violation and/or enforcement of such rules and regulations by any other purpose tenant of the Project. Tenant shall be responsible for and shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, including, without Landlord’s prior written consent which consent may limitation, the Americans with Disabilities Act of 1990 triggered subsequent to the Commencement Date as a result of Tenant's alterations or use of the Premises. Without limiting the generality of the foregoing, and subject to Paragraph 7 below, Tenant shall at its own cost and expense install and construct all physical improvements to or needed to serve the Premises (i) required by any federal, state or local building code or other law or regulation enacted or becoming effective after the Commencement Date, including, but not be unreasonably withheldlimited to, conditioned special plumbing, railings, ramps and other improvements for use by the handicapped, or delayed (ii) made necessary by Landlordthe nature of Tenant's use of the Premises; provided, however, that Landlord shall have the option to install and construct such improvements, in no event which case the cost thereof shall any be equitably allocated by Landlord in its reasonable discretion among the benefitted premises, and Tenant, upon demand, shall pay to Landlord, as Additional Rent, such portion of the Premises cost thereof as may be used for a vivarium for animals larger than rodents. At either’s requestallocated equitably, Landlord and Tenant shall cooperate and assist each other in developing and implementing a communications plan for the Project and Tenant’s use of Landlord's reasonable discretion, to the Premises, including any uses that may be deemed controversial. The reasonable costs to develop or implement a communications plan with respect to a Tenant use that is deemed controversial shall be paid by Tenant; provided that any such costs shall be reasonably allocated between Tenant and any other tenant whose use is addressed by the communications plan. Except as permitted above, Tenant shall not allow any use place a load upon the floor of the Premises which will negatively affect exceeds the cost of coverage of Landlord’s insurance on the Projectload per square foot which such floor was designed to carry and which is allowed by law. Tenant shall not allow any inflammable promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or explosive liquids upon, or materials to be kept on connected with, the Premises except as authorized and permitted under Section 27 of this Lease. Except as permitted abovePremises, Tenant shall not allow any use of the Premises which would unreasonably interfere with any other tenant or with the operation of the Project by Landlordall at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or waste upon the Premises would disturb or allow endanger any offensive noise or odor in or around the Premises to emanate outside other tenants of the Premises. Subject to events beyond Landlord’s control Project or for safety or health reasons, Tenant and its employees shall have access to the Premises 24 hours per day, 7 days a weekunreasonably interfere with their use of their respective premises. Tenant shall comply, at Tenant’s cost, with any and all applicable provisions of the April 29, 2002 Transportation Management Plan, a copy of which has been supplied to Tenant. If any governmental authority shall deem not permit the Premises to be a “place used for any purpose or in any manner (including without limitation any method of public accommodation” under storage) which would render the Americans with Disabilities Act (“ADA”) insurance thereon void or any other comparable law as a result of Tenant’s use, Tenant shall either modify its use to the insurance risk more hazardous or cause such the state insurance authority to rescind its designation or be responsible for disallow any alterations, structural or otherwise, required to be made to the Building or the Premises under such lawssprinkler credits. If any governmental authority shall deem any portion increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Project is caused by Tenant's use and occupancy of the Project (other than Premises, or if Tenant vacates the Premises) Premises and causes any increase in such premiums, then Tenant shall pay as additional Rent the amount of such increase to be a “place Landlord, and, upon demand by Landlord, correct at Tenant's expense the cause of public accommodation” under such disallowance, increased cost, penalty or surcharge to the ADA or any other comparable law as a result satisfaction of the uses permitted under applicable laws and the Master Use Permit particular insurance provider or other land use permits for the Projectauthority, Landlord shall be responsible for, at its cost, any alterations, structural or otherwise, required to be made to the Building (other than the Premises) under such laws. Landlord agrees that Landlord’s Work in the Premises shall comply with the ADAas applicable.
Appears in 1 contract
Sources: Standard Industrial Lease Agreement (Jill Kelly Productions Holding, Inc.)