Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research and development, storage, distribution, offices and marketing of medical devices. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper.
Appears in 2 contracts
Sources: Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research and development, storage, distribution, offices and marketing of medical devices. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper.. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises
Appears in 2 contracts
Sources: Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- -------------------- of manufacturing, research and development, storage, distribution, offices ----------------------------------------------------------------------- and marketing of medical devices. --------------------------------- Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper.
Appears in 1 contract
Sources: Lease (Oratec Interventions Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research general office, administration, light manufacturing and developmentassembly, storagetesting, distributionmarketing, offices engineering, shipping and marketing of medical devicesreceiving and any other legal uses directly related to Lessee’s business and for no other purpose without Lessor’s prior written consent. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper.. Lessee shall comply with all the covenants, conditions, and/or restrictions (“C.C. & R.’s”) affecting the Premises. Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee’s occupancy and that, prior to the Commencement Date, Lessor has obtained any closure certificates for the Premises from the applicable governmental authorities with respect to prior occupants of the Premises. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgments, and costs, including reasonable attorneys’ fees arising from or in connection with any prior Toxic or Hazardous materials that existed prior to Lessee’s occupancy of the Premises. Lessee in turn represents to Lessor that it does not now and will not in the future permit the use or storage on the Premises of Toxic or Hazardous materials, excluding, however basic
Appears in 1 contract
Sources: Lease Agreement (Opnext Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- purposes of research and developmentlight manufacturing, storage, engineering, sales and distribution, offices R&D, general office, marketing, and marketing of medical devices. Lessee other related legal uses.
(a) Tenant shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are locatedlocated (unless Tenant agrees to pay for any such increase), or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee Tenant sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee Tenant shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building Building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee Tenant allow the Premises to be used for any improper, immoral, unlawful, or reasonably objectionable purpose. Lessee .
(b) Tenant shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a partpart in violation of applicable law. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building Building proper except in trash containers placed inside exterior enclosures designated for that purpose by LessorLandlord, or inside the building Building proper where at locations reasonably designated by LessorLandlord. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building properBuilding proper without Landlord’s prior written approval.
(c) Landlord acknowledges that the subject Premises is located within a Super Fund Site and represents to Tenant that the United States Environmental Protection Agency has issued a letter dated January 25, 1993 (attached as Exhibit B) indicating that no further work needs to be performed at the site. Landlord shall be solely responsible for investigating, reporting, remediation and monitoring in connection with any and all Toxic or Hazardous Materials on the Premises which are not the express responsibility of Tenant under the following sections. As between Landlord and Tenant, Landlord shall be solely responsible, at Landlord’s sole cost and expense for all losses, damages, injury, claims, obligations, liabilities, demands, damages, judgments, and costs, including, without limitation, attorneys’ fees arising from or in connection with any Toxic or Hazardous Materials that existed prior to Tenant’s occupancy of the Premises and those that migrate from, onto or under the Premises during the Term (including the Extended Term, if any) through no fault of Tenant. If the presence of any such Toxic or Hazardous Materials causes or results in the Premises being or becoming untenantable, Tenant shall have the right to terminate this Lease.
(d) Landlord further acknowledges that the Premises is located within the boundaries of the Middlefield-▇▇▇▇▇-▇▇▇▇▇▇▇ Superfund Site Study Area (“MEW Site”). The EPA is the lead agency overseeing the investigation, monitoring, remediation and response actions conducted at the MEW Site. Information concerning the MEW Site can be found by accessing the EPA’s website: (▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇.▇▇▇/r9/sfund/r9sfdocw.nsf/ViewbyEPAID/CAD982463812).
(e) Tenant acknowledges that except as otherwise expressly set in this Lease, Tenant is accepting the Premises “AS IS” without any representation or warranty of Landlord, express, implied or statutory, as to Hazardous Materials, the environmental condition of the Premises or the MEW Site.
(f) Tenant understands and acknowledges that Hazardous Materials are or may be present in the soil of and/or the soil vapor and/or groundwater underlying the Premises (“Pre-Existing Conditions”). Tenant further understands and acknowledges that the Former ▇▇▇▇▇▇▇▇▇ Premises has in the past been subject to enforcement actions by the EPA; the MEW Site is currently subject to various environmental orders. As described above, the MEW Site is actively and intensely managed by the EPA Environmental investigations, monitoring and remediation activities have been, are being and will continue to be conducted by the MEW Responsible Parties at the MEW Site, including the Premises. Tenant shall allow access for same to be implemented, as provided in this Section 6. Section 25359.7 of the California Health and Safety Code requires landlords of non-residential property who know, or have reasonable cause to believe, that any release of hazardous substances has come to be located on or beneath the real property to provide written notice of such to a lessee of the real property. Landlord has made the disclosures as set forth above.
(g) Landlord shall indemnify, defend and hold harmless Tenant, its partners, directors, officers, employees, lenders, and successors against all losses, damages, injury, claims, obligations, liabilities, demands, damages, judgements, and costs, including, without limitation, attorneys’ fees arising from or in connection with any and all Toxic or Hazardous Materials that existed prior to Tenant’s occupancy of the Premises. Tenant in turn represents to Landlord that it does not now and will not in the future use or knowingly permit the use or otherwise store or introduce Toxic or Hazardous materials within the Premises, excluding, however basic janitorial, maintenance and office supplies, products typically found in motor vehicles used by employees and invitees, and materials commonly used in connection with Tenant’s business as described in Section 7 hereof. For purposes of this Section 6 “Toxic or Hazardous Materials” shall mean any product, substance, chemical, material or waste whose presence, nature, quality and/or intensity or existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials on the leased premises, is either (i) potentially injurious to the public health, safety or welfare, the environment, or the leased premises; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of Tenant or Landlord to any governmental agency or third party under any applicable statute or common law theory. Toxic or Hazardous Materials shall include, but not be limited to, hydrocarbons, petroleum, gasoline, crude oil or any products or by-products thereof.
Appears in 1 contract
Sources: Lease Agreement (Mobileiron, Inc.)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of office, administration, research and development, storage, distribution, offices engineering and sales and marketing of medical devicescomputer related products and services. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leasedleased without Lessor's written consent; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are locatedlocated unless Lessee pays the cost of any such increase, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises Lessor represents and warrants to Lessee that to the best of its knowledge (i) there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee's occupancy; (ii) no underground storage tanks or asbestos containing building materials are present on the Premises, and (iii) no action, proceeding, or claim is pending or threatened concerning the Premises concerning any Toxic or Hazardous materials in, on, about or under the Premises. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgements, and costs, including reasonable attorneys' fees arising from or in connection with any prior Toxic or Hazardous materials that existed prior to Lessee's occupancy of the Premises or arising out of or based upon the presence of any Toxic or Hazardous materials on, under, in or about the Premises, unless Lessee or Lessee's agents, employees, contractors or invitees caused the presence of such Toxic or Hazardous materials in, on about or under the Premises.
Appears in 1 contract
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research computer software marketing and development, storage, distribution, offices engineering normal and marketing of medical devicescustomary to the industry. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises Premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises. Lessee shall abide by all laws, ordinances, and statutes, as they now exist or may hereafter be enacted by legislative bodies having jurisdiction thereof, relating to its use and occupancy of the Premises.
Appears in 1 contract
Sources: Lease (Numerical Technologies Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research general office use for a permanent and development, storage, distribution, offices temporary employment placement agency and marketing of medical devicesall other legally related uses associated therewith. Lessee Tenant shall not use use, or permit the Premises, or any part thereof, to be used used, for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building Building in which the Premises are located, or cause a cancellation of any insurance policy covering said buildingBuilding, or any part thereof, nor shall Lessee Tenant sell or permit to be kept, used, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee Tenant shall not commit commit, or suffer to be committed committed, any waste upon the Premises Premises, or any public or private nuisance nuisance, or other act or thing which may injure, or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the building Building or on the Property in which the premises Premises are located; nor, without limiting the generality of the foregoing, shall Lessee Tenant allow the Premises to be used for any improper, immoral, unlawful, or objectionable unlawful purpose. Lessee Tenant shall not place any harmful liquids in the drainage system of the Premises or of the building Building of which the Premises form forms a part. Tenant shall not place any loads upon the floors, walls, ceilings or roof which might endanger the structure nor overload any electrical, mechanical, or other systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper Building except in trash containers placed inside exterior enclosures designated approved for that purpose by LessorLandlord, or inside the building Building proper where designated by LessorLandlord. No materials, supplies, equipment, finished or semi-finished products, raw materials, materials or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building Building proper.. Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building). No loudspeaker or other device, system, or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all Rules and Regulations affecting the Premises which are attached as Exhibit B. ---------
Appears in 1 contract
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research Sales, marketing and development, storage, distribution, offices and marketing distribution of medical devicescomputer-related products. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any [improper, immoral, unlawful, ] unlawful or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises [Premises] outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, Lessor [or inside the building proper where designated by Lessor. .] No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C.&R.'s") affecting the Premises. SEE ADDENDUM #4 [Should, at any time during the term of this Lease, or for a period of five (5) years after the termination or expiration of this Lease, there be charges or findings of toxic waste, spillage, or other contaminants found by a governmental agency to be hazardous and requiring removal or remedial work of the same, Lessee hereunder shall be assumed responsible for, and hold Lessor harmless from all claims, obligations, liabilities, and costs, including reasonable attorneys' fees, for the removal, remedial work, or other action required by the governmental agency so prescribing said action, or any other agency having jurisdiction, unless Lessee can demonstrate that such toxic waste, spillage, or other contaminants did not occur as a result of Lessee's operations while occupying the Premises.] If, at any time during the term of this Lease, Lessor suspects that toxic waste, spillage, or other contaminants may be present on the Premises, Lessor may order a soils report, or its equivalent, at Lessee's expense and Lessee shall pay such costs within fifteen (15) days from the date of the invoice by Lessor provided that said report determines that Lessee was cause of contamination. If any such toxic waste, spillage, or other contaminants are found upon the Premises, Lessee shall deposit with Lessor, within fifteen (15) days of notice from Lessor to Lessee to do so, the amount necessary to remove the substances and remedy the problem. Lessee shall abide by all laws, ordinances, and statutes, as they now exist or may hereafter be enacted by legislative bodies having jurisdiction thereof, relating to its use and occupancy of the Premises.
Appears in 1 contract
Sources: Lease (SCM Microsystems Inc)
Use of the Premises. The Lessee shall use the Premises shall be used exclusively only for the purpose ------------------- of medical and non-medical research and development, storagemanufacturing, distributionsales, offices warehousing and marketing related office use (the “Permitted Use”). Such Permitted Use may include, but is not limited to, mixing, examination, manufacturing, development and/or research of medical deviceschemicals and/or biological materials. Lessee further agrees to conform to the following provisions during the entire term of this Lease:
a) Lessee will not place on the exterior of exterior walls (including both interior and exterior surfaces of windows and doors) or on any part of the Building outside the Premises, any signs, symbols, advertisement or the like visible to public view outside of the Premises without the prior consent of Lessor, which consent shall not use be unreasonably withheld. Without limitations, lettering on windows is expressly prohibited. Notwithstanding the preceding provisions, but subject to Town of Danvers zoning and other applicable regulations, it is understood and agreed that the Lessee has the Lessor’s permission, at Lessee’s expense, to attach an ABIOMED sign to the face of the Premises of at least the same size as is presently attached to ▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Drive, and to install a flag pole.
b) The Lessee, at its expense, shall comply with all rules, ordinances, orders, regulations and requirements of any Board of Fire Underwriters, or any other body hereafter constituted exercising similar functions and governing insurance rating bureaus; and shall not do or permit anything to be done in or upon the Premises, or bring or keep anything therein, except as now or hereafter permitted by any part governmental authority, Board of Fire Underwriters or any other similar body having jurisdiction, or insurance rating bureau; and shall keep the Premises equipped with all safety appliances or equipment required by any governmental authority, Board of Fire Underwriters or other similar body or governing insurance rating bureau by reason of the Lessee’s particular use of the Premises or the location of partitions, trade fixtures or other contents of the Premises; and shall procure all licenses, permits or other approvals required because of such use, it being understood that the foregoing provisions shall not be construed to broaden in any way the Permitted Use of the Premises;
c) The Lessee, at its expense, shall comply with all rules, ordinances, orders, permit conditions and regulations of governmental authorities now or hereafter in force and with any lawful direction of any public officer, in each case to the extent the same are applicable to the Premises or the use and maintenance thereof. If the Lessee receives notice of any violation of law, ordinance, order, permit conditions or regulation applicable to the Premises or the use and maintenance thereof, it shall give prompt written notice thereof to be used for the Lessor. Additionally, the Lessee shall comply with any purpose or purposes other than reasonable rules and regulations the purpose for which Lessor imposed on all tenants of the Premises are hereby leased; Building, provided that such rules and no regulations do not materially interfere with Lessee’s use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate Building or Property as of insurance upon the building in which the Premises are located, or cause a cancellation of this date and do not materially change any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality term of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building properLease.
Appears in 1 contract
Sources: Lease Agreement (Abiomed Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research general office, R&D and development, storage, distribution, offices and marketing of medical deviceslab use for computer related products. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are locatedPremises; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a partsystem. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building properproper that causes a nuisance or violates and applicable governmental codes or regulations; Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C.&R.'s") affecting the Premises.
Appears in 1 contract
Sources: Sublease (McAfee Associates Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of general office and research and development, storage, distribution, offices and marketing development of medical devicescomputer related products. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee's occupancy. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgements, and costs, including reasonable attorneys' fees arising from or in connection with any prior Toxic or Hazardous materials that existed prior to Lessee's occupancy of the Premises.
Appears in 1 contract
Sources: Lease (Segue Software Inc)
Use of the Premises. The 4.01 During the Term, ▇▇▇▇▇▇’s use of the Premises shall be used exclusively limited to the purposes of providing for the purpose ------------------- of research providing workforce development and developmentjob placement supportive services, storageas defined more specifically in the EXHIBIT B attached hereto and incorporated herein by reference (the “Use”), distributionand for related purposes which are incidental to and necessary for the use of the Premises for this Use.
4.02 Lessor makes no implied or express representations or warranties as to either the Facility’s or the Premises’ fitness for any purpose whatsoever, offices including but not limited to the Use set forth herein. By executing this Agreement, ▇▇▇▇▇▇ acknowledges that it has received and marketing accepted the Premises “as is” and is satisfied with the Premises’ condition.
4.03 ▇▇▇▇▇▇’s occupation of medical devicesthe Premises for the Use shall be exclusive, subject to the terms and conditions of this Agreement.
4.04 Lessee shall have the nonexclusive right to use the entrances, lobby, accessways, hallways, lavatories, stairways, parking areas, and landscaped areas at the Facility that are designated for the nonexclusive common use of all other Lessees and parties authorized by Lessor to access the Facility. Consistent therewith, ▇▇▇▇▇▇ shall not interfere with neither ▇▇▇▇▇▇’s nor any other authorized party’s use and enjoyment of the remainder of the Facility and must obtain ▇▇▇▇▇▇’s prior written approval before making use in any way of any area located in/at the Facility.
4.05 Except as expressly provided herein, Lessee shall not have the right to use the roof, electrical closes, janitorial closets, mechanical rooms, or permit any other non-common or nonpublic areas of the Facility.
4.06 Lessee shall remain solely responsible for applying for and obtaining all permits, licenses, and other approvals required to perform the Use at the Premises. Lessor may request in writing documentation or proof of these approvals, and Lessee shall deliver such proof to Lessor upon receipt of ▇▇▇▇▇▇’s written request.
4.07 Lessee shall remain solely responsible for safeguarding the personal property and materials used at the Premises, or any part thereofincluding ▇▇▇▇▇▇’s own properties and materials, to be used for any purpose or purposes other than the purpose for which while using the Premises are hereby leased; and no use shall be made or permitted pursuant to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building properthis Agreement.
Appears in 1 contract
Sources: Lease Agreement
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of general office, sales, marketing, engineering and research and development, storage, distribution, offices board repair and marketing of medical devicesassembly for voice processing software and hardware products and related materials. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leasedleased without Lessor's prior written consent; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate fate of insurance upon the building in which the Premises are located, located unless Lessee pays the cost of any such increase or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper.. Lessee shall
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Brooktrout Technology Inc)
Use of the Premises. The (i) Tenant shall use the Premises solely for the purposes specified in Article 6. Tenant further covenants and agrees that it will not use or suffer or permit any person or persons to use the Premises or any part thereof for conducting therein a second-hand store, auction, distress or fire sale, or bankruptcy or going-out-of-business sale, or for the sale of prescription drugs, or for any use or purpose in violation of the laws of the United States of America, or the laws, ordinances, regulations and requirements of the state and the county and city where the Club Facility is situated, or of other lawful authorities, and that during said Term, the Premises, and every part thereof, shall be used exclusively for kept by Tenant in a clean and wholesome condition, free from any objectionable noises, odors or nuisances if and to the purpose ------------------- extent detectable from outside the Premises, and that all health and police regulations with respect to the Premises shall, in all respects and at all times, be fully complied with by Tenant. Except as provided in this Lease and the obligations of research Landlord, Tenant shall, at its sole cost and developmentexpense, storagefaithfully observe in the use, distributionoccupation and possession of the Premises all municipal and county ordinances, offices and marketing of medical devicesall state and federal statutes now in force and which may hereafter be in force, and shall fully comply at its sole expense with all regulations, orders and other requirements issued or made pursuant to any such ordinances and statutes. Lessee Tenant shall not use or permit occupy the Premises, in any manner which (a) impairs the proper and economic maintenance, operation and repair of the Building or its equipment, facilities or systems; (c) unreasonably interferes with or unreasonably disrupts the use or occupancy of any part thereof, to be used for any purpose or purposes area of the Building (other than the purpose for which Premises) by other lessees or occupants; (d) interferes with the transmission or reception of microwave, television, radio or other communications signals by antennae located on the roof of the Building or elsewhere in the Building; (e) constitutes or promotes "drive-through" uses, or similar types of operation, or (f) constitutes an unlawful condition; it being agreed, however, that this paragraph shall not prohibit Tenant's lawful operation within the Premises are hereby leased; and no use of a so-called "strip club" or other adult entertainment facility.
(ii) Tenant shall be made or permitted to be made of operate a first-class business operation in the Premises, nor acts doneand protect the rights, which will increase health and safety of all persons using the existing rate Premises. Therefore, Tenant, its employees, agents, licensees and customers shall observe the following rules of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, conduct when present in or about the PremisesPremises and in connection therewith Tenant and its employees shall:
1. Conduct themselves at all times in a professional manner;
2. Not solicit members of the Club Facility as customers for Tenant's business;
3. Not consume or be under the influence of drugs, any article which narcotics, or controlled substances, except as may be prohibited by medically prescribed;
4. Not willfully take, destroy or damage another person's property;
5. Not post notices or literature in or about the standard form Building (other than within the Premises) without the prior written consent of fire insurance policiesLandlord, and not post any handbills on cars in the Common Areas;
6. Lessee shall not commit Not possess or suffer to be committed use any waste upon kind of weapon in or about the Premises Building;
7. Not gamble in or any public about the Building;
8. Not park improperly or private nuisance without authorization in or other act about the Building; or
9. Not engage in horseplay, dangerous practical jokes, or thing which may disturb the quiet enjoyment throwing of any other tenant object in or about the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building properBuilding.
Appears in 1 contract
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research general office, administration, light manufacturing and developmentassembly, storagetesting, distributionmarketing, offices engineering, shipping and marketing of medical devicesreceiving and any other legal uses directly related to Lessee’s business and for no other purpose without Lessor’s prior written consent. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished semifinished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions (“C.C. & R.’s”) affecting the Premises. Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee’s occupancy and that, prior to the Commencement Date, Lessor has obtained any closure certificates for the Premises from the applicable governmental authorities with respect to prior occupants of the Premises. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgments, and costs, including reasonable attorneys’ fees arising from or in connection with any prior Toxic or Hazardous materials that existed prior to Lessee’s occupancy of the Premises.
Appears in 1 contract
Sources: Lease Agreement (Opnext Inc)
Use of the Premises. The ▇. ▇▇▇▇▇▇ shall use the Premises shall be used exclusively for the purpose ------------------- of research constructing and developmentoperating thereon a building as described at Exhibit C to be used for ; all of the foregoing to the extent permitted by zoning; and for no other use without Lessor's prior written consent in each instance, storagewhich may be withheld if the proposed use will, distributionin ▇▇▇▇▇▇'s sole discretion, offices be detrimental to the orderly development and marketing operation of medical devicesthe . In no event shall the Property or any portion thereof be used for the operation of an establishment offering the provision of goods, services, or amusements from which minors would customarily be excluded because of the sexually explicit nature thereof or for any other reason, such as adult book stores, massage parlors, brothels, public or private bathhouses, escort services, adult movie theaters, adult video or movie arcades or other establishments which display adult movies or adult video recordings, or establishments which display erotic, strip, nude or semi-nude dancers, or an abortion clinic or clinic offering abortions among its services.
B. Lessee shall comply with all federal, state, county and municipal laws, regulations and ordinances affecting the Property or any portion thereof and shall procure and maintain in force during the Term all permits, authorizations and licenses necessary for Lessee's use or operation of in the Property or any portion thereof (including, without limitation, the making, placing, maintaining or altering of the Improvements or any portion thereof). Lessee shall not use the Property or any portion thereof for any purpose or use which is in violation of any applicable certificate of occupancy, building permit, or any of the Restrictions. Lessee covenants that neither it nor any assignee nor any subtenant will (a) use or permit to be used any part of the PremisesProperty for any dangerous or noxious trade or business, (b) transport to or from, dispose of, use, store, handle, or generate any flammable explosives or hazardous or toxic substances on, at, in, or near, the Property, or (c) use the Property for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors or cause or maintain any nuisance in, at or on the Property. Lessee shall immediately notify, in writing, the Lessor and the officer of the Village of responsible for building code enforcement of any user or potential user of the Property which holds either a New York State Department of Environmental Conservation or an Environmental Protection Agency small generator permit or generator of hazardous materials permit or is obligated under ▇▇▇▇ Title 3 to notify local municipalities of material use.
▇. ▇▇▇▇▇▇ shall hold harmless and indemnify Lessor from and against any claim, penalty, loss, damage, charge, liability or expense (including, without limitation, reasonable attorney's fees) threatened, incurred or imposed for any act or omission in violation of Lessee's covenants and obligations under this paragraph 5 or by reason of any action or proceeding which may be brought against Lessor or the Property in connection with the foregoing.
D. Lessee will not suffer any act to be done or condition to exist on the Property, or any part thereof, or any article to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article brought thereon which may be prohibited dangerous unless safeguarded as required by the standard form of fire insurance policieslaw, or which may, in law, constitute a nuisance, public or private. Lessee shall not commit suffer or suffer to be committed any waste upon permit the Premises Property or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises portion thereof to be used for by the public, as such, without restriction or in such manner as might reasonably tend to impair the interest of Lessor or ▇▇▇▇▇▇'s designees in the Property or any improper, immoral, unlawfulportion thereof, or objectionable purposein such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication of the Property or any portion thereof. Lessee shall not place take reasonable actions to minimize labor disputes relating to its actions and to prevent any harmful liquids work stoppage, picketing, labor disruption or dispute, or any interference with the business of Lessor or any tenant or occupant in or with the drainage system rights and privileges of any customer or other person(s) lawfully in and upon , nor cause any impairment or reduction of the Premises good will of . ▇▇▇▇▇▇ agrees not to permit the accumulation (unless in concealed containers) or burning of the building of which the Premises form a part. No waste materials any rubbish or refuse shall be dumped upon garbage in, on or permitted to remain upon about any part of the Premises outside and to keep it free from insects, rodents and other pests and vermin. All garbage shall be maintained in a manner so that canisters are not visible from adjacent parcels or roads. Lessee shall cause and pay for all garbage or rubbish to be collected or disposed of from the Property. ▇▇▇▇▇▇ agrees that it will comply with and observe all restrictive covenants of record or of which ▇▇▇▇▇▇ has been given actual notice which affect or are applicable to the Property, provided same do not prohibit ▇▇▇▇▇▇'s use of the building proper except Premises in trash containers placed inside exterior enclosures designated for that purpose by Lessoraccordance with the provisions of this Lease. Lessee shall not use sidewalks, parking lots, or inside any other space outside the building proper where designated by LessorImprovements for display, sale, storage or any other similar undertaking without the prior consent of Lessee in each instance. No materials, supplies, Lessee shall not use for any purpose (other than for roof air conditioners and cooling/refrigerating equipment, finished ) all or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises roof or exterior walls of the Improvements unless specifically authorized in this Lease and in any event, no such equipment shall be visible from street level. Lessee shall not cause a violation or do any act which may result in a violation of the roof bond or guaranty with respect to the Improvements. Lessee shall not permit solicitation of business on the Property outside of the building properImprovements nor shall Lessee permit distribution of any handbills or other advertising matter on automobiles parked on the Premises except with ▇▇▇▇▇▇'s prior written consent in each instance.
E. Lessee shall not have the right to maintain or install any signs in or at the Property visible from adjacent parcels or roads except as approved in writing by Lessor in each instance. Lessee may not install or maintain signs, lamps or other illumination devices upon the Property if the lamps, signs, or devices flash or go on and off intermittently and Lessee agrees it will not place any signs or other structure or obstruction on the roof of any Improvements and shall not operate any loudspeaker or other device which can be heard from adjacent parcels or roads. Lessee shall not be permitted to place or install on the Property any picnic tables, other tables, benches, chairs, other site furniture, bird baths, lights, statues, monuments, poles, flags, fountains, nets, goals, basketball standards, baseball backstops or bases, other outdoor sports equipment or fixtures, sheds, enclosures, bridges or similar site fixtures or furniture or constructions without prior written approval of Lessor in each instance, which approval may be withheld in Lessor's sole discretion.
F. Lessee shall obey and observe (and compel its officers, employees, contractors, licensees, invitees, subtenants, concessionaires and all others doing business with it, to obey and observe) all reasonable rules and regulations established by Lessor from time to time, provided ▇▇▇▇▇▇ has received written notice thereof, for the conduct of Lessee and/or for the welfare of Lessor, , neighbors, adjoining parcels, or other parcels in .
G. Lessee shall have full responsibility for protecting the Property and all property and persons located thereon from theft and robbery, and shall keep all doors, windows and transoms securely fastened when not in use.
Appears in 1 contract
Sources: Ground Lease
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of general office, sales, marketing, engineering research and development, storage, distribution, offices and marketing clean storage of medical devicescomputer related products and services. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee's occupancy. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgements, and costs, including reasonable attorneys' fees arising from or in connection with any prior Toxic or Hazardous materials that existed prior to Lessee's occupancy of the Premises.
Appears in 1 contract
Sources: Lease (Packeteer Inc)
Use of the Premises. (A) The Premises shall be used exclusively for the purpose ------------------- of research and developmentoffice, storagemanufacturing, distribution, offices warehousing, research and marketing laboratory purposes (“Contemplated Uses”), and for any other lawful use compatible with the neighborhood and the buildings (by way of medical devices. Lessee shall example call centers and retail centers are not use or permit the Premises, or any part thereof, deemed to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no a compatible use.) In its use shall be made or permitted to be made of the Premises, nor acts doneTenant shall comply with all statutes, which will increase ordinances and regulations applicable to the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part use thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; norincluding, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improperZoning Ordinance of the Town of Marlborough, immoralMassachusetts, unlawfulas now in effect or as hereafter amended; provided, however, that none of the foregoing limit the Permitted Use or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system manner or hours of operation of the Premises for the Permitted Use. In addition, if the applicable codes require or if the insurance underwriters suggest that Tenant’s use suggests or requires any additional safety sprinklers or safety appliances be installed, Tenant shall furnish such items at its sole cost and expense.
(B) Tenant shall not injure or deface, or commit waste with respect to the Premises, nor occupy or use the Premises in such manner as to constitute a nuisance of any kind, nor for any purpose nor 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, Tenant shall, immediately upon the discovery of any unlawful, illegal or disreputable use, take all necessary steps to discontinue such use. Without limiting the foregoing, Tenant acknowledges that the operation or storage of motor vehicles within the Premises is prohibited. Tenant shall pay all extra insurance premiums, which may be caused by the use that Tenant may make of the building of which the Premises form a part. No waste materials Premises.
(C) Tenant shall procure all licenses or refuse shall be dumped upon or permitted to remain upon permits required by any part use of the Premises outside by Tenant. Landlord shall cooperate with Tenant (at no cost to Landlord), in such manner as Tenant may reasonably request, in its attempts to obtain such licenses and permits.
(D) Tenant’s use of any access roads, parking areas and loading areas on the Property shall be subject to any reasonable, non-discriminatory rules or regulations that may be established from time to time by Landlord. In the event of any conflict between the Lease and such rules and regulations, the provisions of the building proper except Lease shall control. Notwithstanding the foregoing, if Tenant leases the ROFO Space, this Section 19(D) shall be void and without further force or effect.
(E) Tenant shall not permit any employee or servant of Tenant to violate the covenants or obligations of Tenant hereunder, and Tenant shall use reasonable efforts to prevent any invitee of Tenant from violating any Tenant’s covenants and obligations under this Lease.
(F) During the term of the Lease or any Extension Term, the Landlord agrees that it will not lease any space in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated to any business entity or activity which is directly competitive with any products or services currently being distributed or sold by LessorCytyc. No materialsAny entity or person which develops, supplies, equipment, finished manufactures or semi-finished products, raw materials, sells medical devices or articles of any nature medical diagnostic services or devices shall be stored upon or permitted considered to remain on any portion be “directly competitive” for the purposes of this Section 19(F). These companies currently include, but are not limited to, Quest Diagnostics Cervical Cancer Division, Laboratory Corporation of America Cervical Cancer Diagnostics Division, TriPath Imagin, Inc., Digene Corporation, Monogen Corporation, Conceptus, Zoft, and the Premises outside competing divisions of the building proper▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ and Boston Scientific.
Appears in 1 contract
Sources: Lease Agreement (Hologic Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research and development, storage, distribution, offices and marketing of medical devicesgeneral office purposes only. Lessee shall not use use, or permit the Premises, or any part thereof, to be used used, for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell sell, or permit to be kept, used, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit commit, or suffer to be committed committed, any waste upon the Premises Premises, or any public or private nuisance nuisance, or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises Premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises premises to be used for any improper, immoral, unlawful, unlawful or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, materials or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Should, at any time during the term of this Lease, or for a period of five (5) years after the termination or expiration of this Lease, there be charges or findings of toxic waste, spillage, or other contaminants found by a governmental agency to be hazardous and requiring removal or remedial work of the same, and it is determined that Lessee is the cause, Lessee hereunder shall be responsible for, and hold Lessor harmless from all claims, obligations, liabilities, and costs, including reasonable attorney's fees, for the removal, remedial work, or other action required by the governmental agency so prescribing said action, or any other agency having jurisdiction unless Lessee can demonstrate that such toxic waste, spillage, or other contaminants did not occur as a result of Lessee's operations while occupying the Premises. If, at any time during the term of this Lease, Lessor suspects that toxic waste, spillage, or other contaminants may be present on the Premises, Lessor may order a soils report, or its equivalent. If any such toxic waste, spillage, or other contaminants are found upon the Premises, and it is determined that Lessee is the cause, Lessee shall deposit with Lessor, within fifteen (15) days of notice from Lessor to Lessee to do so, the amount necessary to remove such substances and remedy the problem. Lessee shall abide by all laws, ordinances and statutes, as they now exist or may hereafter be enacted by legislative bodies having jurisdiction thereof, relating to its use and occupancy of the Premises.
Appears in 1 contract
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research office, administration, R&D and development, storage, distribution, offices and marketing engineering of medical devicescomputer related products. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper.. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying
Appears in 1 contract
Sources: Lease (Zamba Corp)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of general office, computer laboratory, research and development, storage, distribution, offices shipping and marketing of medical devicesreceiving. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises Premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. , Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee’s occupancy. Lessor shall be responsible for and indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgments, and costs, including reasonable attorneys’ fees arising from or in connection with any prior Toxic or Hazardous Materials (as defined below) that existed prior to Lessee’s occupancy of the Premises or not caused by Lessee, its agents, employees, invitees or contractors. This indemnity shall survive the termination of the Lease. Lessee in turn represents to Lessor that it does not now and will not in the future permit the use or storage on the Premises of Toxic or Hazardous Materials, excluding, however basic janitorial, maintenance and office supplies, and materials commonly used in connection with Lessee’s business as described in paragraph 6 hereof. For purposes of this Section 6, ‘Toxic or Hazardous Materials” shall mean any product, substance, chemical, material or waste whose presence, nature, quality and/or intensity or existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials expected to be on the Premises, is either (i) potentially injurious to the public health, safety or welfare, the environment, or the Premises; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of Lessee and Lessor to any governmental agency or third party under any applicable statute or common law theory. “Toxic or Hazardous Materials” shall include, but not be limited to, hydrocarbons, petroleum, gasoline, crude oil or any products or by-products thereof. Lessee hereunder shall be responsible for and indemnify, and hold Lessor and its partners, directors, officers, employees, lenders, successors and assigns harmless from all claims, obligations, liabilities, demands, damages, judgments and costs, including reasonable attorneys’ fees arising at any time during or in connection with Lessee’s causing or permitting any Toxic or Hazardous Materials to be brought upon, stored, manufactured, generated, handled, disposed, or used on, under or about the Premises. Lessee’s and Lessor’s obligations hereunder shall survive the termination of this Lease. If, at any time during the term of this Lease, Lessor suspects that any Toxic or Hazardous Materials may be present on the Premises, Lessor may order a soils report, or its equivalent, at Lessee’s expense and Lessee shall pay such costs if it is determined that Lessee or Lessee’s agents, employees or contractors released or caused Toxic or Hazardous Materials on or about the Premises. If any such Toxic or Hazardous Materials are found on or about the Premises and it is determined that Lessee or Lessee’s agents, employees or contractors caused such contamination, Lessor shall consult with Lessee regarding remediation plans and Lessee shall deposit with Lessor, within fifteen (15) days of notice from Lessor to Lessee to do so, the amount necessary to remove the substances and remedy the problem in accordance with applicable law, which Lessor shall use to do the required remediation and shall return to Lessee any unused monies. Lessee shall abide by all laws, ordinances, and statutes, as they now exist or may hereafter be enacted by legislative bodies having jurisdiction thereof, relating to its use and occupancy of the Premises.
Appears in 1 contract
Sources: Lease (Zoran Corp \De\)
Use of the Premises. The Premises Tenant shall be used exclusively for the purpose ------------------- of research use and development, storage, distribution, offices and marketing of medical devices. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which occupy the Premises are hereby leasedthroughout the Term of this Lease for office purposes and uses customarily associated therewith and for no other purpose; and in particular no use shall be made or permitted to be made of the Premises, nor acts done, done which will increase the existing rate of insurance upon the building in which the Premises are locatedBuilding, or cause a cancellation of any insurance policy covering said buildingthe Building, or any part thereof, nor shall Lessee sell Tenant sell, or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee Tenant shall comply with all laws, ordinances, rules, regulations and codes of all municipal, county, state and federal authorities pertaining to Tenant’s use and occupation of the Premises. Tenant shall not commit commit, or suffer to be committed committed, any waste upon the Premises or any public or private nuisance nuisance, or other act or thing which may disturb disturbs the quiet enjoyment of any other tenant in at the building in which Property. Tenant shall also specifically not permit the premises are locatedstorage of tires, flammable products, batteries, fertilizer, charcoal or any other similar items that cause objectionable odors to escape or be emitted from the Premises; norTenant shall insure sanitation and freedom from odor, without limiting the generality of the foregoingsmell and infestation from rodents or insects. Tenant, at its expense, shall Lessee allow the Premises provide (and enclose if required by codes or Landlord) a dumpster or dumpsters for Tenant’s trash in a location and manner approved by Landlord, and shall cause its trash to be used for any improperremoved at intervals reasonably satisfactory to Landlord. In connection therewith, immoralTenant shall keep the dumpster(s) clean and insect, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building properrodent and odor free.
Appears in 1 contract
Sources: Lease Agreement (UWM Holdings Corp)
Use of the Premises. 8.1 The Tenant shall only use the Premises shall be used exclusively for the purpose ------------------- of research and development, storage, distribution, offices and marketing of medical devices. Lessee shall conducting the following business: GENERAL OFFICES AND SHOWROOM The Tenant agrees that it will not use or permit the Premises, or any part thereof, Premises to be used for any other purpose or purposes other than without obtaining the purpose for which Landlord's prior written consent. The Tenant agrees that it will not change the name of the business to be operated in the Premises are hereby leased; and no use shall be made or permitted to be made of without obtaining the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which Landlord's prior written consent. The Tenant has satisfied itself that the Premises can be used for and are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about zoned for the Premises, any article which may be prohibited by the standard form of fire insurance policiesuse stated above. Lessee shall The Tenant will not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improperpurpose that is contrary to any restrictions registered against and/or running with title to the Building.
8.2 On and after the Commencement Date, immoral, unlawful, or objectionable purpose. Lessee the Tenant shall not place any harmful liquids in occupy the drainage system whole of the Premises and shall therein, in good faith, continuously, actively, and diligently conduct its business in a reputable, clean safe, orderly, properly staffed, first-class, and lawful manner. The Tenant will not permit waste or damage to the Premises. The Tenant will not bring or permit animals and or birds into the Building or its Premises. The Tenant will take steps to ensure that no actions are taken which in the Landlord's opinion would disturb the quiet enjoyment of either the Landlord or other tenants in the Building. The Tenant will not do or permit to be done anything that, in the Landlord's opinion, in any way hinders the flow of traffic (pedestrian or vehicular) in or in the immediate vicinity of the Building. The Tenant will not solicit business except in its own Premises. The Tenant will not install or allow to be installed any transmitting or telecommunications device on the roof or structural walls of the building of which the Premises form nor will it allow or allow to be installed any traveling or flashing lights or signs or audio-visual devices in a part. No waste materials manner so that they can be seen or refuse shall be dumped upon or permitted to remain upon any part heard outside of the Premises outside without obtaining the Landlord's prior written consent. The Tenant will fully co-operate in all of the building proper except Landlord's energy conservation programs. The Tenant will not permit any activity within or about the Premises that in trash containers placed inside exterior enclosures designated for that purpose by Lessorthe Landlord's opinion would create an environmental or pollution or safety or moral problem including the utilization of illegal drugs or the display or production of non-family-oriented material (such as pornography), the emission of odours, gases, dust, smoke, fumes, vapours, steam, water, cinders, soot, vibrations, music, noises, electromagnetic rays or fields, Hazardous Substances, or inside any other effect that is undesirable in the building proper where designated sole opinion of the Landlord. If the Tenant breaches any of these requirements and does not cure such default within 10 days after being provided by Lessorthe Landlord with written notice of such default (or sooner if the situation, as determined solely by the Landlord, is an emergency), the Landlord, without limiting any of its other rights, may take such steps as it deems necessary to cure such default at the Tenant's expense plus charge a management fee thereon which forthwith shall be paid to the Landlord by the Tenant as Additional Rent. No materialsIn addition, suppliesthe Tenant acknowledges that if it breaches any of these requirements and does not cure its default within 10 days as set forth above, equipmentthe Landlord shall be entitled to obtain injunctive and other equitable relief which claim for relief will not be opposed by the Tenant. Further, finished the Tenant acknowledges that if it breaches any of these requirements and does not cure its default within 10 days as set forth above, the Landlord shall be entitled to terminate this Lease.
8.3 The Tenant shall observe and abide by all applicable laws, particularly but not limited to laws pertaining to Hazardous Substances. If a clean-up of the Building or semithe Premises is required as a result of the release or existence of Hazardous Substances by the Tenant or on behalf of the Tenant or which arises, directly or indirectly from the Tenant's use or occupancy of the Premises, the Tenant shall solely be responsible for the clean-finished products, raw materials, or articles up thereof and for all costs of any nature kind associated therewith. If the Tenant breaches any of these requirements and does not cure such default within 10 days after being provided by the Landlord with written notice of such default, the Landlord, without limiting any of its other rights, may take such steps as it deems necessary to cure such default at the Tenant's expense plus charge a management fee of 15% thereon which forthwith shall be stored upon or permitted paid by the Tenant to remain on any portion the Landlord as Additional Rent. The Tenant further agrees to fully indemnify the Landlord (including the immediate payment of the Landlord's incurred solicitor and client and other professional costs) and hold the Landlord harmless from all Claims arising out of matters related to the Tenant's actions or negligence with respect to Hazardous Substances. The Tenant's obligations with respect to Hazardous Substances shall survive the expiration of this Lease. Provided the Tennant shall not be responsible for any pre-existing non-compliance.
▇.▇ The Tenant agrees as well to comply with all present and future laws pertaining to the collection, sorting, separation, and recycling of waste products.
8.5 The Tenant will peaceably leave the Premises outside in a clean, broomswept condition on the Expiration Date or such other date if the Lease is terminated before the Expiration Date. The Premises will be left in good order except for reasonable wear and tear. The Tenant will thereupon return all keys and other security materials including but not limited to codes and passcards.
8.6 The Tenant shall NOT be required to restore the Premises or any --- additional space to Base Building condition at the expiration or termination of the building properLease or at the expiration or termination of any extended term, including any damage they have caused to the Building.
Appears in 1 contract
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research general office which may include software engineering and development, storage, distribution, offices sales and marketing of medical devicesany office use related thereto. Lessee Tenant shall not use use, or permit the Premises, Premises or any part thereof, thereof to be used used, for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts donedone in, on or about the Premises, which will increase the existing rate of insurance upon the building in which the Premises are locatedComplex, or cause a cancellation of any insurance policy covering said buildingthe Complex, or any part thereof, nor shall Lessee Tenant sell or permit to be kept, used, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee Tenant shall not commit commit, or suffer to be committed committed, any waste upon the Premises Premises, or any public or private nuisance nuisance, or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the building in which the premises are located; Complex nor, without limiting the generality of the foregoing, shall Lessee Tenant allow the Premises to be used for any improper, immoral, unlawful, unlawful or objectionable purpose. Lessee Tenant shall not place any harmful liquids in the drainage system of the Premises or of the building of Complex. Tenant shall not place any loads upon the floors, walls, ceilings or roof which might endanger the Premises form a partstructure, nor overload any electrical, mechanical or other systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper Building except in trash containers placed inside exterior enclosures designated approved for that purpose by LessorLandlord, or inside the building Building proper where designated by LessorLandlord. No materials, supplies, equipment, finished or semi-finished products, raw materials, materials or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building properBuilding. Subject to the provisions of Paragraph 34 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas of the Complex). No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be. hereafter erected, whether or not by Landlord, or use of the Complex by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions and/or restrictions ("CC&R's") affecting the Premises and the Complex, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.
Appears in 1 contract
Sources: Office Lease (Niku Corp)