Common use of Use of the Demised Premises Clause in Contracts

Use of the Demised Premises. or any part thereof, in a manner exceeding the design conditions (including occupancy and connected electrical load) specified for the Building's HV systems or rearrangement of partitioning which interferes with normal operation of the heating service in the Demised Premises, may require changes in the Building's HV Systems. Such changes, so occasioned, shall be made by Tenant, at its expense, subject to Landlord's prior written approval of such changes, which approval may be withheld for any reason. Tenant shall not make any change, alteration, addition or substitution to the Building's HV systems without Landlord's prior written approval, which may be withheld for any reason. Tenant shall keep or cause to be kept closed all windows in the Demised Premises whenever the heating service is being provided. In addition, Tenant agrees at all times to cooperate fully with Landlord and to abide by all reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building's HV systems. (i) As part of Landlord's Work, Landlord is furnishing and installing air-cooled air-conditioning units, including fans, blowers, chilling equipment and thermostatic controls (collectively, the "AC UNITS"), as more particularly described in Exhibit G hereto. As part of Tenant's Work, Tenant, at Tenant's sole cost and expense, shall furnish, design, install and distribute (all within the Demised Premises) the ductwork and any other facilities, equipment and machinery required by Tenant to operate the AC Units (collectively, "TENANT'S AC EQUIPMENT") related to the AC Units, from the mechanical room in which the AC Units are installed by Landlord and shall, in connection with such distribution, furnish, design, install, distribute and locate Tenant's AC Equipment in accordance with the reasonable engineering, design and locational requirements of Landlord, if any. All Tenant's AC Equipment shall be installed by Tenant at its sole cost and expense and in accordance with, and subject to, the applicable provisions of this lease, and shall be located solely within the Demised Premises, except with the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed), Tenant may connect the Tenant's AC Equipment on one (1) floor of the Demised Premises to another floor of the Demised Premises, provided that such floors are contiguous. In connection with such connection, Tenant shall not drill through the floor slabs of the Demised Premises without Landlord's prior written consent in each instance, which consent shall not be unreasonably withheld, conditioned or delayed and shall be subject to the provisions of Section 14.05 above, Tenant hereby agreeing that it shall be reasonable for Landlord to withhold such consent if such connection can reasonably be made without drilling through the floor slabs of the Demised Premises. (ii) In addition to the AC Units, Tenant, at Tenant's expense, may furnish and install additional air-cooled air-conditioning units (collectively, the "SUPPLEMENTAL UNITS") in the Demised Premises, to provide supplemental air-conditioning to the Demised

Use of the Demised Premises. or any part thereof, in a manner exceeding TENANT shall use the design conditions (including occupancy and connected electrical load) specified Demised Premises for the Building's HV systems or rearrangement of partitioning which interferes with normal operation purposes of: (a) To operate 100% of the heating Demised Premises for the entire term of this lease during all reasonable hours established by LANDLORD, pursuant to the highest reasonable commercial standards of its Business category, maintaining a substantial stock of appropriate merchandise on display, with sufficient personnel to service in its trade. (b) With respect to the Property, not to display any merchandise, solicit business or distribute advertising material beyond the Demised Premises, may require changes nor in the Building's HV Systems. Such changes, so occasioned, shall be made by Tenant, at its expense, subject to Landlord's prior written approval of such changes, which approval may be withheld for any reason. Tenant shall not make manner use any change, alteration, addition or substitution to the Building's HV systems without Landlord's prior written approval, which may be withheld for any reason. Tenant shall keep or cause to be kept closed all windows in the Demised Premises whenever the heating service is being provided. In addition, Tenant agrees at all times to cooperate fully with Landlord and to abide by all reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection part of the Building's HV systemscommon areas for purposes other than for their intended common use and not to obstruct any part thereof. (ic) As part of Landlord's WorkNot to display any banners, Landlord is furnishing and installing air-cooled air-conditioning unitspennants, including fanssearchlights, blowerswindow signs, chilling equipment and thermostatic controls (collectivelyballoons, or similar temporary advertising media on the "AC UNITS"), as more particularly described in Exhibit G hereto. As part of Tenant's Work, Tenant, at Tenant's sole cost and expense, shall furnish, design, install and distribute (all within the Demised Premises) the ductwork and any other facilities, equipment and machinery required by Tenant to operate the AC Units (collectively, "TENANT'S AC EQUIPMENT") related to the AC Units, from the mechanical room in which the AC Units are installed by Landlord and shall, in connection with such distribution, furnish, design, install, distribute and locate Tenant's AC Equipment in accordance with the reasonable engineering, design and locational requirements of Landlord, if any. All Tenant's AC Equipment shall be installed by Tenant at its sole cost and expense and in accordance with, and subject to, the applicable provisions of this lease, and shall be located solely within the Demised Premises, except with the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed), Tenant may connect the Tenant's AC Equipment on one (1) floor of the Demised Premises to another floor of the Demised Premises, provided that such floors are contiguous. In connection with such connection, Tenant shall not drill through the floor slabs of the Demised Premises without Landlord's prior written consent in each instance, which consent shall not be unreasonably withheld, conditioned or delayed and shall be subject to the provisions of Section 14.05 above, Tenant hereby agreeing that it shall be reasonable for Landlord to withhold such consent if such connection can reasonably be made without drilling through the floor slabs exterior of the Demised Premises. (d) Not to commit waste in the Demised Premises or common areas and to keep the Demised Premises and immediate adjacent areas including, without limitation, adjacent sidewalks, in a safe, neat, clean and orderly condition and to maintain and repair any lighting or signs under any canopy immediately in front of the Demised Premises. The TENANT agrees to keep the docks clean and free and clear of debris, including the sidewalk area adjacent to the dock. (e) Not to use the Demised Premises or permit the same to be used in any manner which violates any law, ordinance or constitutes a nuisance; for lodging purposes; that may injure the reputation of the Property or annoy, inconvenience or damage its patrons or other TENANT’S; or that would constitute an extra-hazardous use or violate any insurance policy of TENANT, LANDLORD or any other TENANT in the Property or increase the cost thereof. ▇▇▇▇▇▇ agrees to strictly comply with all federal, state, and local laws pertinent to any subject matter of this Agreement, including but not limited to those pertaining to marinas or boating, specifically including United States Coast Guard (USCG) regulations concerning pre-employment and random drug testing, USCG regulations pertaining to the number of passengers for hire and all federal and state fisheries regulations and all environmental laws and regulations including, but not limited to the discharge of black water, grey water, chemicals and grease. (f) To keep all garbage, refuse and solid waste inside the Demised Premises in the kind of containers specified by LANDLORD, or to place the same outside the Demised Premises, prepared for collection, in the manner and at the times and places designated by LANDLORD or the appropriate disposal company. TENANT agrees not to burn or permit any burning of garbage or refuse on the Demised Premises or any part of the Property. TENANT further agrees that, upon ▇▇▇▇▇▇▇▇’S instruction, TENANT shall separate garbage for recycling and deposit the separate garbage in the receptacle designated by LANDLORD. TENANT further agrees to make every effort to recycle all glass, metal, paper and plastic refuse and solid waste. Sort glass by colors and metal and paper by type and deposit in the appropriate recycling containers provided by the LANDLORD. (g) TENANT shall contract directly with the pertinent governmental authority or disposal company and shall be responsible for all fees and costs of removal and disposal of solid waste, garbage, and refuse, including but not limited to, impact fees and dumpster rental. TENANT shall indemnify, save harmless and defend LANDLORD from and against any loss, claim, injury, damage or expense arising out of or related to the generation, storage, or removal or disposal of TENANT'S garbage, refuse or solid waste. TENANT’S vessel shall contain a marine sanitation device with current U.S. Coast Guard approval for marine use for vessels in addition to any applicable regulations for the discharge of black water or grey water, chemicals or grease. Said device shall be properly installed, properly functioning, and used for all waste while the vessel or floating structure is at dock. Failure to strictly comply with the provisions of this Paragraph shall be a default under this Agreement. TENANT acknowledges the LANDLORD’S right to test any and all sanitation devices aboard any vessel using any accepted marina industry standards including but not limited to dye tests. Twenty Four (24) hour notice shall be given to the TENANT prior to any said inspection being performed. (h) To use its best efforts to cause all trucks serving the Demised Premises to load and unload from the hours of 7:00 a.m. to 11:00 a.m. and not to permit such trucks to service through the front entrance of the Demised Premises except when no other entrance is available. (i) To take no action that would: (i) violate LANDLORD’S contracts if any, affecting the Property or (ii) In addition cause any work stoppage, picketing or cause any manner or interference with LANDLORD or, occupants, customers or any person lawfully in and upon the Property. (j) Not to use amplified music or any other noise making machinery or devices that in LANDLORD'S determination is harmful to the AC Unitsbuilding or disturbing (k) To abide by and observe the rules and regulations established from time to time by LANDLORD and LANDLORD’S insurance carrier with respect to the operation of the Property and it’s Common Areas. Rules and regulation are attached and incorporated herein as EXHIBIT “C”. (l) Not to conduct any auction, Tenantfire, at Tenant's expensebankruptcy or selling-out sale on or about the Demised Premises except in strict compliance with City Code Chapter 18. (m) TENANT shall not (either with or without negligence) cause or permit the escape, may furnish disposal or release of any biologically or chemically active or other hazardous substances or materials which TENANT or it agents brought onto the Property. TENANT shall not allow storage or use of such materials or substances in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and install additional air-cooled air-conditioning units (collectivelyuse of such substances or materials, nor allow to be brought into the Demised Premised or the Property any such materials or substances except to use in the ordinary course of TENANT’S business, and then only after written notice is given to LANDLORD of the identity of such substances or materials. Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the "SUPPLEMENTAL UNITS") Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., any applicable state or local law and the regulations adopted under these acts. In addition, TENANT shall execute affidavits, representations and the like from time to time at LANDLORD’S request concerning TENANT’S best knowledge and belief regarding the presence of hazardous substances or materials in the Demised Premises. In all events, TENANT shall indemnify LANDLORD in the manner elsewhere provided for in this Lease against any liability resulting from any release of hazardous substances or materials in the Demised Premises or Property by TENANT or it agents, while TENANT is in possession or caused by TENANT or persons acting under TENANT which is due to provide supplemental air-conditioning to hazardous substances that TENANT or its agents brought onto the DemisedDemised Premises or Property.

Use of the Demised Premises. (a) The Demised Premises shall be used for automotive component manufacturing and related uses provided there shall be no greater risk to the Complex than the current use thereof. In addition, Tenant may utilize all or any part thereofportions of the Demised Premises for office, warehousing and laboratory purposes in a manner exceeding the design conditions each case related to automotive component manufacture and uses directly related thereto and for no other use or purpose. (including occupancy and connected electrical loadb) specified If any governmental license or permit shall be required for the Building's HV systems proper and lawful conduct of Tenant’s business or rearrangement of partitioning which interferes with normal operation of the heating service other activity carried on in the Demised Premises, may require changes in the Building's HV Systems. Such changes, so occasioned, shall be made by Tenant, at its Tenant’s expense, subject shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord on request. Tenant shall, at Tenant’s expense, at all times, comply with the requirements of each such license or permit. (c) Tenant shall not do or permit or suffer to Landlord's prior written approval be done in or about the Demised Premises, nor bring or keep or permit or suffer to be brought or anything which is prohibited by or will materially conflict with any applicable law, statute, ordinance or governmental rule or regulation, now in force or which may hereafter be enacted or promulgated, or which is prohibited by or will materially conflict with any of the Permitted Encumbrances, or which is prohibited by the Casualty Policy, as hereinafter defined, or cause a cancellation of the Casualty Policy, or materially and adversely affect or interfere with any services required to be furnished by Landlord to Tenant hereunder or to other portions of the Complex, or with the proper and economical rendition of any such changes, which approval may be withheld for any reasonservice. Tenant shall not make any change, alteration, addition do or substitution to the Building's HV systems without Landlord's prior written approval, which may be withheld for any reason. Tenant shall keep or cause permit anything to be kept closed all windows done in of about the Demised Premises whenever the heating service is being provided. In addition, Tenant agrees at all times to cooperate fully with Landlord and to abide by all reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building's HV systems. (i) As part of Landlord's Work, Landlord is furnishing and installing air-cooled air-conditioning units, including fans, blowers, chilling equipment and thermostatic controls (collectively, the "AC UNITS"), as more particularly described will in Exhibit G hereto. As part of Tenant's Work, Tenant, at Tenant's sole cost and expense, shall furnish, design, install and distribute (all within the Demised Premises) the ductwork and any other facilities, equipment and machinery required by Tenant to operate the AC Units (collectively, "TENANT'S AC EQUIPMENT") related to the AC Units, from the mechanical room in which the AC Units are installed by Landlord and shall, in connection with such distribution, furnish, design, install, distribute and locate Tenant's AC Equipment in accordance material way obstruct or interfere with the reasonable engineering, design and locational requirements of Landlord, if any. All Tenant's AC Equipment shall be installed by Tenant at its sole cost and expense and in accordance with, and subject to, the applicable provisions of this lease, and shall be located solely within the Demised Premises, except with the prior written consent rights of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed), Tenant may connect the Tenant's AC Equipment on one (1) floor of use or allow the Demised Premises to another floor of be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Demised PremisesPremises or commit or permit to be committed any waste in, provided that such floors are contiguous. In connection with such connectionon or about the Demised Premises or commit or permit to be committed any waste in, on or about the Demised Premises which has a material and adverse affect on the Complex or Landlord. (d) Tenant shall not drill through do or permit anything to be done which will in any material way obstruct or interfere with the floor slabs business or the rights (including occupancy rights) of any other tenant of the Building or Complex, including Landlord. (e) Landlord acknowledges that Tenant shall have the right during the term to use, at no additional cost to Tenant, the furniture and related personal property belonging to the Landlord located in the offices at the Demised Premises without Landlord's prior written consent in each instance, which consent shall not be unreasonably withheld, conditioned or delayed and shall be subject to the provisions of Section 14.05 above, Tenant hereby agreeing that it shall be reasonable for Landlord to withhold such consent if such connection can reasonably be made without drilling through the floor slabs of the Demised Premiseson an “as is where is basis”. (iif) In addition Each of the Parties hereby acknowledges that certain of the Landlord’s salaried and hourly employees will be operating the manufacturing business at the Demised Premises pursuant to the AC Unitsterms and conditions of the Oshawa Labour and Management Services Agreement between the Landlord and Tenant dated as of May 1, Tenant, at Tenant's expense2000 (the “Oshawa Labour and Management Services Agreement”) and as such, may furnish and install additional air-cooled air-conditioning units (collectively, be performing obligations of the "SUPPLEMENTAL UNITS") in the Demised Premises, to provide supplemental air-conditioning to the DemisedTenant under this Lease.

Use of the Demised Premises. or any part thereof, in a manner exceeding the design conditions (including occupancy and connected electrical load) specified for the Building's HV systems or rearrangement of partitioning which interferes with normal operation of the heating service in the Demised Premises, may require changes in the Building's HV Systems. Such changes, so occasioned, shall be made by Tenant, at its expense, subject to Landlord's prior written approval of such changes, which approval may be withheld for any reasonSection 5.01. Tenant shall not make any change, alteration, addition or substitution to the Building's HV systems without Landlord's prior written approval, which may be withheld for any reason. Tenant shall keep or cause to be kept closed all windows in use and occupy the Demised Premises whenever for general industrial use (hereinafter the heating service is being provided. In addition, Tenant agrees at all times to cooperate fully with Landlord and to abide by all reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building's HV systems. (i) As part of Landlord's Work, Landlord is furnishing and installing air-cooled air-conditioning units, including fans, blowers, chilling equipment and thermostatic controls (collectively, the "AC UNITS"“Permitted Use”), as more particularly described in Exhibit G hereto. As part of Tenant's Work, Tenant, at Tenant's sole cost and expense, shall furnish, design, install and distribute (all within for no other purpose without the Demised Premises) the ductwork and any other facilities, equipment and machinery required by Tenant to operate the AC Units (collectively, "TENANT'S AC EQUIPMENT") related to the AC Units, from the mechanical room in which the AC Units are installed by Landlord and shall, in connection with such distribution, furnish, design, install, distribute and locate Tenant's AC Equipment in accordance with the reasonable engineering, design and locational requirements consent of Landlord, if any. All Tenant's AC Equipment shall be installed by Tenant at its sole cost and expense and in accordance with, and subject to, the applicable provisions of this lease, and shall be located solely within the Demised Premises, except with the prior written consent of Landlord (which consent shall not to be unreasonably withheld, conditioned or delayed). Tenant acknowledges that Landlord has not made any representations as to whether the Demised Premises may be used for the specific use stated above pursuant to applicable building and zoning ordinances, rules and regulations. Section 5.02. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or do or permit anything to be done in the Demised Premises, (i) in violation of the Certificate of Compliance for the Demised Premises or for the Building, or (ii) in violation of any governmental requirements or requirements of the National Fire Protection Association pursuant to the National Electric Code, as adopted by the State of Illinois, or any other law, rule or regulation. Section 5.03. Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law or requirements of any public authority with respect to the Demised Premises or the use or occupation thereof. At all times during the Term, Tenant shall promptly comply with all present and future laws, orders and regulations of all state, federal, town, municipal and local governments, departments, commissions and boards or any direction of any public officer pursuant to law, and all orders, rules and regulations of the National Fire Protection Association pursuant to the National Electric Code, as adopted by the State of Illinois, or any similar body which shall impose any violation, order or duty upon Landlord or Tenant with respect to the Demised Premises (in which event Tenant shall effect such compliance at its sole cost and expense). Tenant shall pay all costs, expenses, fines, penalties or damages, which may connect be imposed upon Landlord by reason of Tenant’s failure to comply with the provisions of this Article, and if by reason of such failure the fire insurance rate shall, at the beginning of this Lease or at any time thereafter, be higher than it otherwise would be, then Tenant shall reimburse Landlord, as Additional Rent hereunder, for that portion of all fire insurance premiums thereafter paid by Landlord which shall have been charged because of such failure by Tenant's AC Equipment on one (1) , and shall make such reimbursement upon the first day of the month following such outlay by Landlord. Section 5.04. Tenant shall not place a load upon any floor of the Demised Premises to another floor of the Demised Premises, provided that such floors are contiguous. In connection with such connection, Tenant shall not drill through exceeding the floor slabs of the Demised Premises without Landlord's prior written consent in each instance, load per square foot area which consent shall not be unreasonably withheld, conditioned or delayed said floor was designed to carry and shall be subject to the provisions of Section 14.05 above, Tenant hereby agreeing that it shall be reasonable for Landlord to withhold such consent if such connection can reasonably be made without drilling through the floor slabs of the Demised Premiseswhich is allowed by law. (ii) In addition to the AC Units, Tenant, at Tenant's expense, may furnish and install additional air-cooled air-conditioning units (collectively, the "SUPPLEMENTAL UNITS") in the Demised Premises, to provide supplemental air-conditioning to the Demised

Use of the Demised Premises. or Section 3.01. The demised building premises shall be used only for offices, administrative use and the storage and maintenance of trucks and any part thereofother legal purpose, except as provided in a manner exceeding the design conditions (including occupancy and connected electrical load) specified Section 3.02. The demised parking premises shall be used only for the Building's HV systems or rearrangement parking and storage of partitioning which interferes with normal operation of the heating service vehicles and any other legal purposes except as provided in the Demised Premises, may require changes in the Building's HV Systems. Such changes, so occasioned, shall be made by Tenant, at its expense, subject to Landlord's prior written approval of such changes, which approval may be withheld for any reasonSection 3.02. Section 3.02. Tenant shall not make use or knowingly permit to be used any change, alteration, addition or substitution to part of the Building's HV systems without Landlord's prior written approval, which may be withheld demised premises for any reasonunlawful purpose, nuisance or disreputable purpose. The Tenant's use or storage on the demised premises of any oil or petroleum products or any other hazardous or toxic materials shall be in compliance with all applicable federal, state and local environmental laws. Section 3.03. Tenant shall keep not at any time use or cause occupy the demised premises in violation of any certificate of occupancy issued therefor or zoning ordinance, it being agreed that Tenant shall be responsible financially and otherwise for obtaining any amendment to be kept closed all windows the present certificate of occupancy or new certificate of occupancy to lawfully permit the storage of trucks in the Demised Premises whenever the heating service is being provideddemised building premises. In addition, Tenant agrees at all times to cooperate fully with Landlord and to abide by all reasonable regulations and requirements shall not enter into any future agreement which Landlord may prescribe for the proper functioning and protection of the Building's HV systems. (i) As part of Landlord's Work, Landlord is furnishing and installing air-cooled air-conditioning units, including fans, blowers, chilling equipment and thermostatic controls (collectively, the "AC UNITS"), as more particularly described in Exhibit G hereto. As part of Tenant's Work, Tenant, at Tenant's sole cost and expense, shall furnish, design, install and distribute (all within the Demised Premises) the ductwork and any other facilities, equipment and machinery required by Tenant to operate the AC Units (collectively, "TENANT'S AC EQUIPMENT") related to the AC Units, would derogate from the mechanical room in uses for which the AC Units are installed by Landlord and shall, in connection with such distribution, furnish, design, install, distribute and locate Tenant's AC Equipment in accordance with the reasonable engineering, design and locational requirements of Landlord, if any. All Tenant's AC Equipment shall demised premises may be installed by Tenant at its sole cost and expense and in accordance with, and subject to, the applicable provisions of used under this lease, and shall be located solely within not further amend the Demised Premises, except with certificate of occupancy for the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned demised building premises in such manner as would prohibit or delayed), Tenant may connect materially impair the Tenant's AC Equipment on one (1) floor use of the Demised Premises to another floor demised building premises for the uses set forth in Section 3.01. In the event that any department of any local government in which the demised premises are situated, or of the Demised PremisesState of New York, provided shall at any time contend/or declare during the term of this lease by notice, violation, order or in any other manner whatsoever that the demised premises are being used for a purpose which is in violation of any such floors are contiguous. In connection with such connectioncertificate of occupancy, use permit or zoning ordinance, Tenant shall not drill through the floor slabs either (i) discontinue such violative use of the Demised Premises without Landlord's prior written consent in each instancedemised premises within fifteen (15) business days of being notified of same or with such lesser time as required by the concerned governmental authority, which consent shall not be unreasonably withheld, conditioned or delayed and shall be subject to the provisions of Section 14.05 above, Tenant hereby agreeing that it shall be reasonable for Landlord to withhold such consent if such connection can reasonably be made without drilling through the floor slabs of the Demised Premises. (ii) In addition in good faith, diligently undertake within a fifteen (15) business days period to contest any notice or order with respect to the AC Units, Tenant, at Tenant's expense, may furnish and install additional air-cooled air-conditioning units (collectively, the "SUPPLEMENTAL UNITS") claimed violation in the Demised Premises, manner and under the conditions set forth in Section 4.05 hereof. Failure by Tenant to provide supplemental air-conditioning to the Demisedeither discontinue such claimed violation or contest same as aforesaid shall be considered a default by Tenant.