Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.
Appears in 5 contracts
Sources: Lease Agreement (Illumina Inc), Lease (Netlist Inc), Lease Agreement (Bakbone Software Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. TenantThe uses prohibited under this Lease shall include, at its expensewithout limitation, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the PremisesPremises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials (as such materials may be identified in any federal, state or encumbering local law or regulation) in the Building and/or Project, and any amendments Premises or modifications thereto, including Project without limitation the payment prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any periodic disclosure form regarding hazardous or special dues or assessments charged against the Premises or Tenant which toxic materials that may be allocated to the Premises or Tenant in accordance with the provisions thereofrequired by any governmental agency. Tenant shall promptly also, from time to time upon demand reimburse request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord for shall have the right at any additional insurance premium charged by reason time to perform an assessment of the environmental condition of the Premises and of Tenant’s failure compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the provisions requirements of this Section, and . In all events Tenant shall indemnify Landlord each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any liability and/or expense resulting from release of hazardous or toxic materials caused by Tenant’s noncompliance, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 5 contracts
Sources: Office Space Lease, Office Space Lease (Intercept Pharmaceuticals Inc), Office Space Lease (United Business Holdings, Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.
Appears in 4 contracts
Sources: Lease Agreement (Altris Software Inc), Lease (Ydi Wireless Inc), Lease Agreement (Telenetics Corp)
Use. 4.1 The Premises hereby leased shall be used by Tenant shall use the Premises only for the purposes stated set forth in Item 3 Section 1.1(L) above and for no other purposes. Tenant shall, at Tenant’s expense, promptly comply with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the Term or any part of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained Term hereof regulating the use by Tenant from all relevant and required governmental agencies and authoritiesof the Premises, including without limitation, the Declaration (as defined below). The parties agree Tenant shall not use or permit the use of the Premises in any manner that any contrary use shall be deemed will tend to cause material and irreparable harm create waste or a nuisance, or will tend to Landlord unreasonably disturb other tenants in the Building, and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at keep its expense, shall procure, maintain mechanical apparatus free of noise and make available for Landlord’s inspection throughout vibration which may be transmitted beyond the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use confines of the Premises. Tenant shall not do store, handle, transport, remove and dispose of all medical and biomedical waste matter at or permit anything to be done in or about from the Premises which will in compliance with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the Term or any way interfere with the rights of other occupants part of the Building or Term hereof.
4.2 Tenant covenants throughout the ProjectLease Term, or use or allow the Premises at Tenant’s sole cost and expense, promptly to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present laws and future laws, ordinances, restrictions, regulations, ordinances and the orders, rules and regulations and requirements of all governmental authorities that pertain federal, state and municipal governments and appropriate departments, commissions, boards, and officers thereof, and of any applicable insurance rating agency, or any other body now or hereafter constituted exercising similar functions, foreseen or unforeseen, ordinary as well as extraordinary, and whether or not the same require structural repairs or alterations, which may be applicable to Tenant the Premises, or its the use or manner of use of the Premises; provided, including without limitation all federal however, that Tenant shall not be responsible for structural repairs or alterations unless the requirement for such structural repairs and state occupational health and safety requirements, whether or not alterations is caused by Tenant’s compliance will necessitate expenditures particular use or interfere with its occupancy (as distinguished from the general type of use and enjoyment of or occupancy permitted by the Premisesapplicable zoning ordinance). Tenant shall comply at its expense with all present will likewise observe and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions requirements of this Sectionall policies of public liability, fire and shall indemnify Landlord from all other policies of insurance at any liability and/or expense resulting from Tenant’s noncompliancetime in force with respect to the buildings and improvements on the Premises and the equipment thereof.
Appears in 4 contracts
Sources: Industrial Space Lease (XBiotech Inc.), Industrial Space Lease (XBiotech Inc.), Industrial Space Lease (XBiotech Inc.)
Use. Tenant shall not use or occupy or permit the Premises only to be used or occupied for any purpose other than for the purposes stated in Item 3 of the Basic Lease ProvisionsPermitted Use, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in by Tenant’s Occupants which may (a) increase the existing rate or about violate the Premises which will in provisions of any way insurance carried with respect to the Property, (b) create a public or private nuisance, commit waste or interfere with the rights of with, annoy or disturb any other occupants tenant or occupant of the Building or Landlord in the Projectoperation of the Building, (c) overload the floors or use otherwise damage the structure of the Building, (d) constitute an improper, immoral or allow the Premises to be used for any unlawful objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or (e) increase the cost of any insurance policy(iesutility service beyond the level permitted by Paragraph 8, (f) covering violate any present or future laws, ordinances, regulations or requirements or any covenants, conditions and restrictions existing with respect to the Property, (g) subject Landlord or any other tenant to any liability to any third party, (h) lower the first-class character of the Building, or (i) result in or facilitate the Project and/or their contentsoperation of any internet web site, and shall comply “dial-up” computer service, or telephone service providing or providing access to gaming or gambling content, product or services, dating or escort services, sexually themed content, products, services, pharmaceutical products or services, or illicit drug themed content, product or services or paraphernalia commonly used in connection with all applicable insurance underwriters rulesillicit drugs or substances. Tenant shall shall, at Tenant’s sole cost, (v) use the Premises in a careful, safe and proper manner, (w) comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules regulations and requirements and any covenants, conditions and restrictions existing with respect to the Property, including, without limitation, those relating to hazardous substances, hazardous wastes, pollutants or contaminants and those relating to access by disabled persons, (x) comply with the requirements of all governmental authorities that pertain any board of fire underwriters or other similar body relating to Tenant or its use of the Premises, including (y) keep the Premises free of objectionable noises and odors, including, without limitation all federal limitation, cigar, pipe and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectsimilar smoke odors, and any amendments (z) not store, use or modifications thereto, including without limitation the payment by Tenant dispose of any periodic hazardous substances, hazardous wastes, pollutants or special dues or assessments charged against contaminants on the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceProperty.
Appears in 4 contracts
Sources: Lease Agreement (Fatpipe Inc/Ut), Lease Agreement (Fatpipe Inc/Ut), Lease Agreement (Fatpipe Inc/Ut)
Use. (a) Tenant shall use and occupy the Premises for manufacturing, warehousing, offices and other uses incidental thereto and for no other purpose without Landlord's consent, which shall not be unreasonably withheld, delayed or conditioned and shall be deemed to be given if Landlord has not responded within ten (10) days of Tenant's request for such consent. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisionsa careful, all in accordance with applicable laws safe and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord proper manner and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted not use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in purpose prohibited by the certificate of occupancy issued for the Premises or the Projectlaws of the United States or the State of Colorado, or the ordinances of the County of Boulder. Neither Tenant nor Landlord shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything any act or thing upon the Premises which will invalidate shall or increase might subject the cost other to any liability or responsibility for injury to any person or persons or to property by reason of any insurance policy(iesbusiness or operation carried on upon the Premises or for any reason.
(b) covering In the Buildingevent that any official shall hereafter at any time contend or declare by notice, violation, order or in any other manner whatsoever that the Project and/or their contentsPremises are used for a purpose which is a violation of any permit, and certificate of occupancy, statute, ordinance or other requirement of law applicable to the Premises, Tenant shall, upon ten (10) days' written notice from Landlord, immediately discontinue such use of the Premises.
(c) Tenant, at its sole expense, shall comply with all applicable insurance underwriters ruleslaws, orders and regulations of federal, state, county and municipal authorities, and with any direction of any public officer or officers, pursuant to law, which shall declare any violation or impose any order or duty upon Landlord or Tenant with respect to the Premises, or the use or occupation thereof. Notwithstanding the foregoing, Tenant shall not be obligated to comply at its expense with all present and future any such laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain or regulations, including but not limited to Tenant the Americans With Disabilities Act, which (a) relate to the design or its use construction of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment (b) relate to the structural portions of the Premises. Tenant , or (c) may require structural alterations, structural changes, structural repairs or structural additions, all of which shall comply be the obligation of Landlord at its expense with all present sole cost and future covenantsexpense; provided, conditionshowever, easements if such laws, orders or restrictions now regulations relate to the specific type or hereafter affecting nature of the business being conducted or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment to be conducted by Tenant of any periodic or special dues or assessments charged against upon the Premises or Tenant which may be allocated to the Premises specific accommodations made or Tenant in accordance with the provisions thereof. to be made for certain of Tenant's employees as opposed to being related to industrial or office buildings, generally, Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure nevertheless be required to comply with them. Without limiting the generality of the foregoing, but subject to the proviso in the preceding sentence, Landlord, at it sole cost and expense, shall be responsible for complying with the applicable provisions of the Americans With Disabilities Act and the regulations and Accessibility Guidelines for Buildings and Facilities issued pursuant thereto, as same may be amended (collectively, the "ADA"), relating to (i) the design and construction of the Premises and the work within the Premises to be performed by Landlord pursuant to this SectionLease, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance(ii) the structural portions of the Premises (collectively, "Landlord's Work").
Appears in 3 contracts
Sources: Lease (Brooks Automation Inc), Lease (Brooks Automation Inc), Lease (Helix Technology Corp)
Use. (a) Tenant shall be permitted to use the Leased Premises only for any and all Lawful purposes, subject, however, to zoning ordinances, Laws, the purposes stated in Item 3 orders, rules and regulations of the Basic Lease ProvisionsBoard of Fire Insurance Underwriters and any similar bodies having or asserting jurisdiction, all thereof now in accordance with applicable laws effect or hereafter adopted by any governmental authority having or asserting jurisdiction and such conditions, restrictions and pursuant other encumbrances, if any, to approvals to be obtained by Tenant from all relevant which the Leased Premises are subject at the time of execution and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. delivery hereof.
(b) Tenant shall not use or occupy or permit the Leased Premises to be used or occupied, nor do or permit anything to be done in or about on the Leased Premises which will or any part thereof, in a manner that would in any way interfere with the rights of other occupants violate any of the Building Laws or any certificate of occupancy affecting the ProjectLeased Premises or make void or voidable any insurance then in force with respect thereto, or use that may make it impossible to obtain fire or allow the Premises other insurance thereon required to be used for furnished hereunder by Tenant, or that will cause or be likely to cause structural injury to any unlawful purpose, nor shall Tenant permit any of the Improvements or that will constitute a public or private nuisance or commit waste. Nothing contained in this Lease and no action or inaction by Landlord shall be deemed or construed to mean that Landlord has granted to Tenant any waste right, power or permission to do any act or to make any agreement that may create, give rise to, or be the foundation for, any right, title, interest, lien, charge or other encumbrance upon the estate of Landlord in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Leased Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.
Appears in 3 contracts
Sources: Lease (Aviation Sales Co), Lease Agreement (Kellstrom Industries Inc), Lease (Timco Aviation Services Inc)
Use. The Premises shall be used for general office and storage purposes only. Tenant shall will not use or occupy any part of the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which and will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules regulations and requirements orders of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of having jurisdiction over the Premises. Tenant shall comply at conduct its expense with all present business and future covenantscontrol its employees, conditionsagents, easements customers, subtenants and invitees in a manner which does not create any nuisance (including but not limited to noise, dust, vibrations or restrictions now odors), or hereafter affecting interfere with, annoy or encumbering disturb any other owner or tenant of the Building and/or Project or Lessor in its operation of the Project. Tenant will not conduct or permit to be conducted any activity, or place any equipment in or about the Premises, which will in any way increase the rate of fire insurance or other insurance on the Project; and if any amendments increase in the rate of fire insurance or modifications theretoother insurance is stated by any insurance company or by the applicable Insurance Rating Bureau to be due to activity or equipment of Tenant in or about the Premises, including without limitation such statement shall be conclusive evidence that such increase in such rate is due to such activity or equipment and, as a result thereof, Tenant shall reimburse Lessor for such increase as additional rent hereunder and, further, shall discontinue or cause the payment by Tenant discontinuance of such conduct or shall remove such equipment upon Lessor’s demand made any periodic time thereafter. There shall be no sale of food or special dues or assessments charged against beverages in the Premises for consumption on or off the Premises by any means without the prior written consent of Lessor. Tenant may not install any food or beverage vending machines within the Premises other than those which may be allocated installed by Lessor. Tenant shall not permit intoxicating liquors to be kept or sold in the Premises except for business receptions, subject to compliance with applicable laws and Lessor’s reasonable rules. Notwithstanding any other provision of this Lease to the contrary, Tenant covenants and agrees to use commercially reasonable efforts to refrain from doing any act or thing which would cause measurable interference with any telecommunications operations of any current or future tenant of the Project located on the roof of the Building. Such tenants occupying the roof of the Building shall be deemed third-party beneficiaries of the foregoing covenant and agreement by Tenant. For purposes of this Provision, measurable interference shall be defined to include an increase in noise floor, harmonic distortion or cross-talk. Tenant specifically acknowledges that the Building is a wood frame structure with wooden floors and agrees that such structure and floors will require enhanced precautions by Tenant to prevent interference, annoyance or disturbance of other owners or tenants in the Project. Tenant specifically agrees to take all reasonable precautions to contain any and all dust, water and other materials within the Premises. Notwithstanding anything to the contrary contained in this Lease, Lessor shall in all events have the right to limit the weight and prescribe the position of any safes, concentrated filing systems and other heavy equipment placed in or on the Premises by Tenant. Any and all damage or injury to the Premises or the Project caused by moving the property of Tenant in accordance with or out of the provisions thereofPremises, or due to the same being in or on the Premises, shall be repaired by Tenant at its sole cost and expense. Tenant will notify the Property Manager prior to moving furniture, equipment or other fixtures and furnishings into or out of the Premises and shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with such reasonable restrictions as the provisions of this Section, and Property Manager may reasonably impose. No deliveries or pickups shall indemnify Landlord from be left unattended at any liability and/or expense resulting from Tenant’s noncomplianceloading dock in the Project.
Appears in 3 contracts
Sources: Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials (as such materials may be identified in any federal, state or encumbering local law or regulation) in the Building and/or Project, and any amendments Premises or modifications thereto, including Project without limitation the payment prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any periodic disclosure form regarding hazardous or special dues or assessments charged against the Premises or Tenant which toxic materials that may be allocated to the Premises or Tenant in accordance with the provisions thereofrequired by any governmental agency. Tenant shall promptly also, from time to time upon demand reimburse request by Landlord, execute such affidavits concerning Tenant's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord for shall have the right at any additional insurance premium charged by reason time to perform an assessment of the environmental condition of the Premises and of Tenant’s failure 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the provisions requirements of this Section, and . In all events Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any liability and/or expense resulting from release of hazardous or toxic materials caused by Tenant’s noncompliance, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 3 contracts
Sources: Office Space Lease (Netratings Inc), Office Space Lease (Pharmaprint Inc), Assignment of Lease (Imperial Credit Commercial Holdings Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.
Appears in 3 contracts
Sources: Industrial Lease (Oculex Pharmaceuticals Inc /), Industrial Lease (Dental Medical Diagnostic Systems Inc), Industrial Lease (Immersion Corp)
Use. The Tenant Equipment Areas shall use the Premises only be used solely for the purposes stated in Item 3 --- installation, operation and maintenance of the Basic Lease Provisions, all in accordance with applicable laws Tenant Equipment and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesfor no other purpose whatsoever. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted Any use of the PremisesTenant Equipment Areas for any other purpose or any attempt by Tenant to allow the use or occupation of the Tenant Equipment Areas by anyone other than Tenant shall, unless otherwise agreed to by Landlord in writing shall be a default; and Landlord shall have the right to immediately terminate this License unless such default is not cured within five (5) Working Days after notice thereof. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants use of the Building Tenant Equipment Areas for any purpose which is illegal, dangerous to life, limb or the Projectproperty, or use or allow the Premises to be used for any unlawful purposewhich, nor shall Tenant permit any in Landlord's reasonable opinion, creates a nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or would increase the cost of insurance coverage with respect to the Building. In particular, no semiconductors or other electronic equipment containing polychlorinated biphenyls (PCB's) or other environmentally hazardous materials will either be used or stored in or around the Tenant Equipment Areas except as otherwise specifically provided in this Paragraph; and no such materials will be used in any insurance policy(ies) covering of the Tenant Equipment installed by Tenant in the Tenant Equipment Areas. Notwithstanding the foregoing, Tenant may use and store fossil fuels for its Generators and batteries for its emergency electrical backup systems in its Premises, so long as Tenant does so in compliance with all applicable Legal Requirements. Tenant will not permit unauthorized persons or persons with insufficient expertise or experience to enter Service Areas to maintain or operate the Tenant Equipment. Tenant understands that the mechanical rooms within these Service Areas must be kept locked and secure at all times must not be available or open to the public. Landlord may, at Landlord's discretion, authorize other licensees and tenants of the Building to use portions of the designated Pathways or Service Areas, or to use portions of other Pathway or Service Areas in the Building, whether for the Project and/or their contentsinstallation of telecommunications equipment or otherwise, and shall comply with all applicable insurance underwriters rulesso long as such uses would not require Tenant to remove its previously installed Cable from the designated Pathways or Telecommunications Equipment from the designated Service Area. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities acknowledges that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or interruptions in utility services are not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering uncommon in facilities such as the Building and/or Project, and that any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant sensitive electronic equipment which may be allocated to used in the Premises or Building should be protected by Tenant in accordance with from utility service interruptions by the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason use of Tenant’s failure to comply with the provisions of this Sectionbackup power supplies, surge protectors, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceother appropriate safety systems.
Appears in 3 contracts
Sources: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not, without Landlord’s prior written consent conduct its business operations in areas outside the Premises or the Utility Building, including but not perform limited to storing any work property, equipment or conduct any business whatsoever trash in the Project other than inside the Premisessuch areas except as shown on Exhibit F attached hereto. Tenant shall not do or permit to be done anything which will invalidate or increase the responsible for any increased cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulescontents occasioned by its use. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof, provided, however, that such future or amended covenants, conditions, easements or restrictions are provided to Tenant (and, to the extent action is required of Tenant to comply, Tenant has reasonable prior notice) and do not materially impair the rights of Tenant or materially increase the obligations of Tenant under this Lease. Tenant shall promptly upon demand reimburse Landlord for any additional commercially reasonable insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or reasonable expense resulting from Tenant’s noncompliance.
Appears in 3 contracts
Sources: Sublease Agreement (Prometheus Biosciences, Inc.), Sublease Agreement (Prometheus Biosciences, Inc.), Lease (Prometheus Biosciences, Inc.)
Use. Tenant shall use and occupy the Premises only and solely for the Permitted Use and for no other purposes stated in Item 3 of the Basic Lease Provisionswhatsoever. Tenant shall be solely liable and responsible for obtaining or maintaining any and all approvals, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant authorizations, licenses, variances, or permits from all relevant and required any private party or any governmental or quasi-governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant(collectively, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits "Permits") required for the proper Permitted Use, including without limitation, those required by the Environmental Protection Agency ("EPA") or any state board or agency having authority or jurisdiction over compliance with environmental laws, regulations, or procedures (collectively, "State Agency"). Landlord shall have no duty or obligation (except as required by law) to assist or otherwise work with Tenant in obtaining or maintaining any such Permits, and lawful conduct of Landlord shall have no liability or obligation whatsoever in the event Tenant is unable to obtain any such Permits for whatever reason. Tenant’s permitted use of the Premises's ability to obtain or maintain any such Permits is not a condition to this Lease or Tenant's liabilities and obligations hereunder. Tenant's failure to obtain or maintain any such Permits shall not affect this Lease in any manner whatsoever. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful, disreputable, or extra-hazardous purpose or in any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectmanner. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies(a) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present Federal, state and future local governmental laws, ordinances, restrictions, regulations, orders, rules and regulations applicable to Tenant's use and occupancy of the Premises including, without limitation, compliance with all laws, ordinances, regulations, and requirements of all the EPA or any State Agency and (b) not dump, discharge, generate, release, store, manufacture, or dispose of any hazardous, toxic or nuclear waste or other substances ("Other Hazardous Substances") considered hazardous, toxic or nuclear by any governmental authorities that pertain to Tenant or its use quasi-governmental agency in violation of the Premisesany such laws, including without limitation all federal orders, rules and state occupational health regulations; and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and give prompt written notice to Landlord of any amendments or modifications thereto, including without limitation the payment by notification to Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions claimed violation thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.
Appears in 3 contracts
Sources: Real Estate Lease (Wastequip Inc), Real Estate Lease (Wastequip Inc), Real Estate Lease (Wastequip Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. , The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the PremisesSite. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project Site and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectthe Site, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. As used in this Section 5.1, the term “permit” shall be deemed to mean “knowingly permit” in connection with anything that Tenant permits to be done on or about the Site, as opposed to the Premises itself. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all future and present laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities, and with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or the Site, results in a capital improvement on Tenant’s part (or Tenant’s being obligated to reimburse Landlord for a capital improvement), Tenant shall only be responsible for the amortized cost of such capital improvement (amortized at a market cost of funds as reasonably determined by Landlord) over the useful life of said improvement during the Term, except in the event each obligation for capital improvement is required due to Tenant’s particular use of the Premises, (in which case Tenants shall be fully responsible for the entire cost and installation of each capital investment).
Appears in 3 contracts
Sources: Industrial Lease (Advanced Medical Optics Inc), Industrial Lease (Intralase Corp), Industrial Lease (Intralase Corp)
Use. Tenant A. The PREMISES shall be used and occupied by LESSEE solely for the storage of active aircraft. Aircraft maintenance is restricted to the preventative maintenance specified in the Federal Aviation Regulations at 14 CFR 43.3(h) and Appendix A, subsection (c), except subparagraph (c)(9) (spray painting is expressly prohibited). LESSEE shall take such steps as necessary to ensure that the performance of such maintenance work does not damage the PREMISES. LESSEE shall control the conduct and demeanor of its employees and invitees, and of those doing business with it, in and around the AIRPORT and shall take all steps necessary to remove persons whom the County may, for good and sufficient cause, deem objectionable.
B. LESSEE shall not commit or suffer to be committed any waste upon the PREMISES or airport lands or any public or private nuisance or any other act or thing which may disturb the quiet enjoyment of any other person or organization at the AIRPORT. LESSOR shall not use the Premises only PREMISES for any unlawful purposes, nor violate any laws, ordinance or reasonable and lawful directive issued by the purposes stated in Item 3 Airport Manager or his/her agent(s).
▇. ▇▇▇▇▇▇ shall take good care of the Basic Lease ProvisionsPREMISES and make all repairs necessitated by ▇▇▇▇▇▇’s use, abuse, or misuse of the PREMISES. LESSEE shall at all times maintain the PREMISES and any airport grounds used in accordance conjunction with applicable laws ▇▇▇▇▇▇’s operations in a clean and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesorderly manner. The parties agree that No junk, trash, refuse, material, substance or discharge of any contrary use kind shall be deemed caused or permitted by LESSEE to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do exist or permit anything to be done accumulate in or about the Premises PREMISES or any of the LESSEE’s operational sites or sites utilized by the LESSEE on the airport lands at any time during the term of the Lease. ▇▇▇▇▇▇’s method of lighting the PREMISES and its installation of all exterior light fixtures shall be subject to LESSOR’s prior approval, which will shall not unreasonably be withheld. LESSEE shall maintain access control to the PREMISES in conformance with Federal Airport Security regulations, and other federal and LESSOR policies, directives and regulations that may be issued. For the purpose of vehicle storage while aircraft is in use, the LESSEE may utilize the space immediately adjacent to the hangar, provided access to other airport uses is not restricted. No long term storage is permitted outside of the hangar.
▇. ▇▇▇▇▇▇ shall keep the hangar and the PREMISES free from liens arising out of any work performed, material furnished, hazards created, or any obligations incurred by LESSEE and LESSEE shall hold LESSOR harmless therefrom.
▇. ▇▇▇▇▇▇ agrees not to make use of the PREMISES or any airport location in any way manner which might interfere with the rights landing and taking off of other occupants aircraft from the AIRPORT, or that would otherwise constitute a hazard; in this Lease, hazard determination is an exclusive right of the Building LESSOR and shall be made at the discretion of the LESSOR. In the event the aforesaid covenant is breached, the LESSOR or its agent(s) reserves the Projectright to enter upon the PREMISES and cause the abatement of such interference at the sole expense of ▇▇▇▇▇▇.
F. Unless otherwise specified in writing by the LESSOR, the LESSEE shall not use the PREMISES to store any type of flammable, combustible, toxic or explosive substances other than that contained within the aircraft itself. Cleaning and lubricating materials in no greater quantities than to service one aircraft shall be permitted. No aircraft exterior or interior used in any agricultural operation shall be washed or otherwise cleaned at the AIRPORT or upon any airport lands. No aircraft parts shall be washed or otherwise cleaned unless done indoors and on the PREMISES with an effective recovery system, approved by ▇▇▇▇▇▇, employed as part of the cleaning operation. Steam cleaning shall only be allowed indoors and on the PREMISES in conjunction with an approved recovery system. Under no circumstance shall any waste product of any cleaning operation be allowed to drain, leak or otherwise enter outdoors, or drain into a sewer or other storm drainage system. All applicable County, State and Federal laws regarding the above-mentioned substances shall be obeyed.
G. LESSEE shall keep the PREMISES for its exclusive use or allow the Premises to be used and shall pay for any unlawful purpose, nor shall Tenant permit any nuisance repairs or commit any waste in the Premises damage caused by its negligence or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at misuse by its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceinvitees.
Appears in 2 contracts
Sources: Airport Hangar Lease, Airport Hangar Lease
Use. (a) The Premises are to be used and occupied by Tenant (and its assignees and subtenants permitted hereunder) solely for general office use and for no other purpose. However, such permitted use shall use include software development, sales, implementation, support and related services for the banking industry. Without limiting the foregoing, the Premises only shall not be used for any purpose which would tend to lower the purposes stated in Item 3 Class A character of the Basic Lease ProvisionsBuilding, all in accordance or create excessive elevator loads and/or usage, or increase wear and tear on the Building’s mechanical, electrical and plumbing systems, or increase the Building’s maintenance and/or janitorial services or otherwise interfere with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premisesstandard Building operations. Tenant shall not do be allowed to (i) have more than five and three tenths (5 3/10) persons per one thousand (1,000) square feet of Rentable Area occupy the Premises (excluding open houses, work-shops or other temporary events or functions which temporarily increase the number of persons in the Premises), (ii) operate separate shifts of employees from the Premises (provided, Tenant may access and allow its employees use of the Premises after normal business hours), (iii) use the space for the purpose of providing telemarketing services (provided that the foregoing restriction shall not prohibit Tenant from conducting phone-based customer service and sales activities from the Premises), (iv) use the space as a consular office for any foreign government or (v) use the space as an office for any governmental or regulatory authority, agency or bureau
(b) Tenant shall not occupy or use the Premises, or permit any portion of the Premises to be occupied or used, for any business or purpose which violates any exclusive given to other tenants in the Project or which is unlawful, disreputable or deemed to be hazardous on account of fire or other hazards, or permit anything to be done in or about the Premises which will would in any way interfere with increase the rights rate of fire or liability or any other occupants insurance coverage on the Building and/or its contents, or which would produce strong, unusual or offensive odors, fumes, dust or vapors, or that is a public or private nuisance, or that emits noise or sounds that are objectionable to a person of reasonable judgment due to intermittence, beat, frequency, shrillness or loudness. Landlord acknowledges Tenant’s proposed use does not violate any exclusive given to another tenant or, to Landlord’s knowledge, which would increase the rate of fire, liability, or other coverage on the Building or the Project, or use or allow its contents. Tenant shall not permit any cooking within the Premises to except the use of a microwave oven. Tenant agrees that no food, soft drink or other vending machine may be used for any unlawful purposeinstalled within the Premises without the written consent of Landlord, nor which shall not be unreasonably withheld or delayed. The Building is a “non-smoking” Building. Tenant permit any nuisance or commit any waste agrees that no smoking is allowed in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost Public Areas of any insurance policy(ies) covering the Building. “Public Areas” shall include but are not limited to: the Parking Facilities, the Project and/or their contentsbuilding lobbies, elevators, elevator lobbies, corridors, restrooms, mailrooms, public break rooms, stairwells, sidewalks, exterior entrances, and shall comply with all applicable insurance underwriters rulespedestrian tunnels (if any). Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of Landlord has designated the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceLakeside Break Area as an area where smoking is permitted.
Appears in 2 contracts
Sources: Lease Agreement (Q2 Holdings, Inc.), Lease Agreement (Q2 Holdings, Inc.)
Use. (a) The Premises shall be used solely for general office purposes and for no other use or purpose without the prior written consent of Landlord.
(b) Tenant shall use not do or suffer or permit anything to be done in or about the Premises only for or the purposes stated Real Property, nor bring or keep anything therein, which would in Item 3 any way subject Landlord, Landlord's agents or the holder of any Superior Interest (as defined in Paragraph 21) to any liability, increase the premium rate of or affect any fire, casualty, liability, rent or other insurance relating to the Real Property or any of the Basic Lease Provisionscontents of the Building, all or cause a cancellation of, or give rise to any defense by the insurer to any claim under, or conflict with, any policies for such insurance. If any act or omission of Tenant results in accordance with applicable laws and restrictions and pursuant any such increase in premium rates, Tenant shall pay to approvals Landlord upon demand the amount of such increase. In the event of subtenants, Tenant shall not obstruct their use of their demised premises, Tenant shall not use or suffer or permit the Premises to be obtained by used for any immoral, unlawful or objectionable purpose, nor shall Tenant from all relevant and required governmental agencies and authorities. The parties agree that cause, maintain, suffer or permit any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenantnuisance in, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of on or about the Premises. No loudspeakers or other similar device, system or apparatus which can be heard or experienced outside the Premises shall, without the prior written approval of Landlord, be used in or about the Premises; provided, nothing herein shall prohibit an internal paging or announcement system. Tenant shall not do commit or suffer to be committed any waste in, to or about the Premises.
(c) Tenant shall not use or suffer or permit anything to be done in or about the Premises which will in any way interfere conflict with the rights of other occupants of the Building any law, statute, ordinance or the Projectgovernmental rule, regulation or use requirement now in force or allow the Premises to which may hereafter be used for any unlawful purposeenacted or promulgated. Tenant, nor at its sole cost and expense, shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall promptly comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinancesstatutes, restrictionsordinances and governmental rules, regulations, orders, rules regulations or requirements now in force or which may hereafter be in force and with the requirements of all governmental authorities that pertain any board of fire underwriters or other similar body now of hereafter constituted relating to Tenant or its affecting the condition, use or occupancy of the Premises, including without limitation all federal and state occupational health and safety requirementsexcluding structural changes not related to or affected by Tenant's improvements, whether acts or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant The judgment of any periodic court of competent jurisdiction or special dues the admission of Tenant in an action against Tenant, whether Landlord be a party thereto or assessments charged against not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement shall be conclusive of the fact as between Landlord and Tenant.
(d) Notwithstanding any of the terms of Paragraph 8(c) of the Lease to the contrary, Landlord and Tenant acknowledge and agree that Tenant's obligation thereunder shall not apply to the correction or alteration of any physical condition or characteristic of any portion of the Premises if such condition or Tenant which may be allocated characteristic existed prior to the Premises or Tenant in accordance with commencement of the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the Agreed Initial Term.
(e) The provisions of this Section, Paragraph are for the benefit of Landlord only and are not nor shall indemnify Landlord from they be construed to be for the benefit of any liability and/or expense resulting from Tenant’s noncompliancetenant or occupant of the Building.
Appears in 2 contracts
Sources: Lease (Montgomery Realty Group Inc), Lease (Montgomery Realty Group Inc)
Use. (a) The Premises shall be used for general business and professional office purposes only and for no other purpose without the prior written consent of Landlord, which consent may be granted or denied in Landlord's absolute discretion. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals not do or permit to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief done in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of or about the Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or would in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall not do or permit anything to be done in or about the Premises which will would in any way obstruct or interfere with the rights of other occupants tenants of the Building Building, or the Projectinjure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful purposeor objectionable purposes, nor shall Tenant cause, maintain or permit any nuisance or commit waste in, on or about the Premises.
(b) Tenant shall not cause or permit the storage, use, generation, release, or disposal (collectively, "Handling") of any waste in Hazardous Materials (as defined below), in, on, or about the Premises or the Project. Building by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall not perform any work be permitted to use normal quantities of office supplies or conduct any business whatsoever products (such as copier fluids or cleaning supplies) customarily used in the Project other than inside conduct of general business office activities ("Common Office Chemicals"), providing that the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost Handling of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant such Common Office Chemicals shall comply at its expense all times with all present and future lawsHazardous Materials Laws (as defined below). Notwithstanding anything to the contrary contained herein, ordinanceshowever, restrictionsin no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Building to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant's obligations under this Section shall survive the expiration or other termination of this Lease. For purposes of this Section "Hazardous Materials" means any explosive, regulationsradioactive materials, ordershazardous wastes, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premiseshazardous substances, including without limitation limitation, asbestos and asbestos containing materials ("ACMs"), PCBs, CFCs, or substances defined or regulated as hazardous substances or hazardous materials in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 42 U.S.C. Section 1001-1012; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other federal, state or local law, ordinance or regulation. "Hazardous Materials Laws" shall mean all federal and state occupational health and safety requirementsfederal, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectstate, and any amendments local laws, ordinances and regulations defining, regulating, restricting or modifications theretootherwise governing the storage, including without limitation the payment by Tenant use, generation, release or disapproval of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceHazardous Materials.
Appears in 2 contracts
Sources: Office Lease (NBC Internet Inc), Office Lease (Xoom Inc)
Use. The Premises are to be used only for general office purposes and for no other business or purpose without the prior written consent of Landlord. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant shall use immediately cease the Premises only for performance of such unlawful act or such act that is increasing or has increased the purposes stated existing rate of insurance and shall pay to Landlord any and all increases in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals insurance premiums resulting from such breach. Tenant shall not commit or allow to be obtained by committed any waste upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in the Building. If any of Tenant's office machines or equipment unreasonably disturb any other tenant in the Building, then Tenant from all relevant shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance at its sole cost and required governmental agencies and authoritiesexpense. The parties agree that Tenant shall not, without Landlord's prior consent, install any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition equipment, machine, device, tank or vessel which is subject to any other available remedyfederal, state or local permitting requirement. Tenant, at its expense, shall procurecomply with all laws, maintain statutes, ordinances and make governmental rules, regulations or requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant, at its expense, shall comply with all laws, statutes, ordinances, governmental rules, regulations or requirements, and the provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required to Tenant by Landlord from time to time for the proper safety, care and lawful conduct cleanliness of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectBuilding and for the preservation of good order therein. The current rules and regulations for the Building are attached hereto as EXHIBIT F. Without limiting the foregoing, Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit agrees to be done anything wholly responsible at Tenant's sole cost and expense for any accommodations or alterations which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain need to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated made to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Sectionthe Americans With Disabilities Act of 1990, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceas amended.
Appears in 2 contracts
Sources: Lease (Texas Roadhouse, Inc.), Lease (Texas Roadhouse, Inc.)
Use. (a) Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 Article 1.G. of the Basic Lease Provisions, all in accordance with applicable laws Provisions and restrictions and pursuant to approvals shall not use or occupy the Premises or permit the same to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to used or occupied for any other available remedypurpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to interfere with or infringe upon the rights of other tenants or occupants in the Project. TenantTenant shall, at its sole cost and expense, shall procurepromptly comply with all laws. statutes, maintain and make available for Landlord’s inspection throughout ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the Termcondition, all governmental approvals, licenses and permits required for use or occupancy of the proper and lawful conduct of Premises (excluding structural changes to the Project not related to Tenant’s permitted particular use of the Premises. Tenant shall not do ), and/or (ii) improvements installed or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste constructed in the Premises by or for the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. benefit of Tenant, Tenant shall not do or permit to be done anything which will would invalidate or increase the cost of any fire and extended coverage insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable insurance underwriters reasonable rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules regulations and requirements of all governmental authorities that pertain any organization which sets out standards, requirements or recommendations commonly referred to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectby major fire insurance underwriters, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand and evidence of such increase from Landlord reimburse Landlord for any additional premium charges for any such insurance premium charged policy assessed or increased by reason of Tenant’s failure to comply with the provisions of this SectionArticle.
(b) Tenant, at its sole cost and expense, covenants to conduct its business operations from the Premises strictly in accordance with all city, county, state and federal laws, rules. regulations, ordinances and generally accepted health care industry standards and practices, to the extent same presently exist or may exist in the future (collectively, “Applicable Law”), including but not limited to (i) compliance with any and all Occupational Safety and Health Administration guidelines; rules and standards, and shall indemnify Landlord from (ii) ensuring that all waste products, including without limitation, any liability and/or expense resulting from medical waste, if any, generated by Tenant or present within the Premises or the Project as a result of Tenant’s noncomplianceuse of the Premises, are appropriately used, stored, handled, transported and/or disposed of in strict accordance with all Applicable Laws.
(c) Tenant hereby agrees, at its sole cost and expense, to comply with any and all procedures, practices, rules, standards, guidelines and/or special precautions which are required by any applicable city, county, state and federal law, regulation, ordinance and/or health care standard and practice, as a result of the particular use of the Premises by Tenant.
(d) Tenant agrees not to engage in the practice of abortion services from the Premises. If any of the services provided from the Premises results in protests or demonstrations at the Project, Tenant shall discontinue such services upon notice from Landlord_ Tenant agrees not to dispense any drugs for remuneration (including without limitation any medicinal marijuana or similar substances). Tenant shall not allow any client or patient to reside in or remain in the Premises on an overnight or in-patient basis.
Appears in 2 contracts
Sources: Standard Office Lease (Castle Biosciences Inc), Standard Office Lease (Castle Biosciences Inc)
Use. Tenant shall use the Premises only solely for general office, laboratory, research and development, manufacturing, all other life science uses and all other legally-permitted uses associated with Tenant’s business to the extent consistent with the current zoning for the purposes stated in Item 3 of the Basic Lease ProvisionsPremises, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use first-class nature of the Premises. Project as a first-class biotechnology project, and Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposeother purpose or purposes whatsoever without Landlord’s consent. Tenant shall not use, nor shall Tenant or suffer or permit any nuisance person or commit any waste in persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of Exhibit D, attached hereto, or in violation of the laws of the United States of America, the state in which the Project is located, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with the Rules and Regulations and all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future recorded covenants, conditions, easements and restrictions, and the provisions of all ground or restrictions underlying leases, now or hereafter affecting or encumbering the Building and/or Project, including but not limited to, that certain Declaration of Covenants, Conditions and Restrictions (as amended, modified or supplemented from time to time, the “Declaration”), dated June 6, 1984, by California Casualty Management Company, a California corporation, which was recorded as document #84061165 in the official records of San Mateo County, California, and the Parcel 1 and Parcel 2 Owners; as amended by that certain Amendment to Declaration of Covenants, Conditions and Restrictions dated and recorded on January 16, 2020 as Instrument 2020-004242 (collectively, the existing “CC&Rs”), as the same may be amended, amended and restated, supplemented or otherwise modified from time to time; provided that any amendments such amendments, restatements, supplements or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of do not materially modify Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancerights or obligations hereunder.
Appears in 2 contracts
Sources: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)
Use. The Leased Premises will be used only for that use set forth in Tenant shall Specific Terms hereinabove, and purposes incidental to that use, and for no other purpose. TENANT will use the Leased Premises only for the purposes stated in Item 3 of the Basic Lease Provisionsa careful, all in accordance with applicable laws safe, and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesproper manner. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. TenantTENANT will, at its TENANT’s sole expense, shall procure, maintain only use and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do cause or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Leased Premises to be used or occupied for purposes or in a manner which is in full compliance with any unlawful purposeand all applicable municipal, nor shall Tenant permit any nuisance or commit any waste in county, state and federal laws, rules, directives, ordinances and regulations, permits, the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost requirements of any applicable fire insurance policy(ies) covering the Building, the Project and/or their contentsunderwriter or rating bureau, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present the recommendations of LANDLORD’s engineers and/or consultants, relating in any manner to the Leased Premises (including but not limited to matters pertaining to (i) industrial hygiene, (ii) environmental conditions on, in, under or about the Leased Premises, including soil and future lawsgroundwater conditions, ordinancesand (iii) the use, restrictionsgeneration, regulationsmanufacture, ordersproduction, rules installation, maintenance, removal, transportation, storage, spill, or release of any Hazardous Substance) and requirements any covenants, conditions or restrictions of all governmental authorities that pertain to Tenant or its use of the Premisesrecord, including without limitation all federal zoning, building and state occupational health other codes, and safety requirementsthe Americans with Disabilities Act, whether as revised from time to time, and California Title 24, now in force or which may hereafter be in force or effect (collectively, “Applicable Requirements”), which impose any duty upon LANDLORD or TENANT with respect to the use, occupation or alteration of the Leased Premises. TENANT will not Tenant’s compliance commit waste or suffer or permit waste to be committed in, on, or about the Leased Premises_ TENANT will necessitate expenditures conduct its business and control its employees, agents, and invitees in such a manner as not to violate any Applicable Requirements or to create any nuisance or interfere with, annoy, or disturb any other TENANT or occupant of the project or LANDLORD in its operation of the project. The term “nuisance” shall include, without limitation, anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with its use and the comfortable enjoyment of the Premiseslife or property. Tenant Within ten (10) days after receipt, TENANT shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectdeliver to LANDLORD written notice of, and concurrently provide Landlord with copies of (if applicable): (i) any amendments or modifications thereto, including without limitation notices alleging violations respecting the payment by Tenant project and/or the Leased Premises of any periodic Applicable Requirements; (ii) any notices of claims made or special dues threatened in writing regarding noncompliance violations respecting the project and/or the Leased Premises of any Applicable Requirements; and (iii) any notices of any governmental or assessments charged against regulatory actions or investigations instituted or threatened regarding noncompliance with violations of any Applicable Requirements as same relate to all or any portion of the Leased Premises or Tenant which may be allocated to and/or the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceproject.
Appears in 2 contracts
Sources: Standard Business Park Lease (GLAUKOS Corp), Standard Business Park Lease (GLAUKOS Corp)
Use. (a) Tenant shall be permitted to use the Leased Premises only for any and all Lawful purposes, subject, however, to all applicable zoning ordinances, restrictive covenants, Laws, governmental authority, the purposes stated in Item 3 orders, rules and regulations of the Basic Lease ProvisionsBoard of Fire Insurance Underwriters and any similar bodies having or asserting jurisdiction, all thereof now in accordance with applicable laws effect or hereafter adopted by any governmental authority having or asserting jurisdiction and such conditions, restrictions and pursuant other encumbrances, if any, to approvals to be obtained by Tenant from all relevant which the Leased Premises are subject at the time of execution and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. delivery hereof.
(b) Tenant shall not use or occupy or permit the Leased Premises to be used or occupied, nor do or permit anything to be done in or about on the Leased Premises which will or any part thereof, in a manner that would in any way interfere with the rights of other occupants violate any of the Building Laws or any certificate of occupancy affecting the ProjectLeased Premises or make void or voidable any insurance then in force with respect thereto, or use that may make it impossible to obtain fire or allow the Premises other insurance thereon required to be used for furnished hereunder by Tenant, or that will cause or be likely to cause structural injury to any unlawful purpose, nor shall Tenant permit any of the Improvements or that will constitute a public or private nuisance or commit waste. Nothing contained in this Lease and no action or inaction by Landlord shall be deemed or construed to mean that Landlord has granted to Tenant any waste right, power or permission to do any act or to make any agreement that may create, give rise to, or be the foundation for, any right, title, interest, lien, charge or other encumbrance upon the estate of Landlord in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Leased Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.
Appears in 2 contracts
Sources: Lease (Kellstrom Industries Inc), Lease (Aviation Sales Co)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated in Item 3 purpose of the Basic Lease Provisionsgeneral office, all manufacturing, biology and tissue culture laboratory, wet laboratory, animal laboratory, research and development and storage uses necessary for Tenant to conduct Tenant’s business, provided that such approved uses shall be in accordance with all current and future applicable governmental laws and restrictions ordinances and pursuant zoning restrictions, and for no other purpose. Notwithstanding anything to approvals the contrary herein, in no event shall any or all of the Premises be allowed, authorized and/or used for daycare and/or any other child care purpose and Tenant shall not do or permit to be obtained done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Premises or any part thereof, or any of its contents unless Tenant from all relevant and required governmental agencies and authorities. The parties agree that pays one hundred percent (100%) of said additional increase in said rate, or will cause a cancellation of any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to insurance covering the Premises or any other available remedy. Tenantpart thereof, at or any of its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premisescontents. Tenant shall not do or permit anything to be done in anything in, on or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building Premises or the Projectneighboring premises or injure them, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in about the Premises. No sale by auction shall be permitted on the Premises. Notwithstanding anything to the contrary herein, the sale by Tenant of a piece or pieces of equipment located within the Premises or the Projectto a third party shall not be deemed an auction. Tenant shall not perform place any work loads upon the floors, walls, or conduct ceiling which endanger the structure, or place any business whatsoever harmful fluids or other materials in the Project drainage system of the Building, or overload electrical or other than mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the Building, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where reasonably designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises except as functionally necessary as a result of the design of Tenant’s Interior Improvements as reasonably approved by Landlord. 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. 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 shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall not do indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys’ fees, or permit liability arising out of failure of Tenant to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all any applicable insurance underwriters ruleslaw for which Tenant is obligated to comply under the terms of this Lease. Tenant shall comply at its expense with all present any covenant, condition, or restriction (“CC&R’s”) affecting the Premises. Landlord has provided a copy of said CC&R’s to Tenant. The provisions of this paragraph are for the benefit of Landlord only and future laws, ordinances, restrictions, regulations, orders, rules and requirements shall not be construed to be for the benefit of all governmental authorities that pertain to any Tenant or its use occupant of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.
Appears in 2 contracts
Sources: Lease Agreement (Genitope Corp), Lease Agreement (Genitope Corp)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. TenantThe uses prohibited under this Lease shall include, at its expensewithout limitation, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the PremisesPremises or a portion thereof for (i) intentionally omitted; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) intentionally omitted; (iv) schools, special classrooms or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not permit more than nine (9) persons on each balcony of the Premises at any time. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials (as such materials may be identified in any federal, state or encumbering local law or regulation) in the Building and/or Project, and any amendments Premises or modifications thereto, including Project without limitation the payment prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws (“Allowed Materials”). Tenant agrees that it shall promptly complete and deliver to Landlord any periodic disclosure form regarding hazardous or special dues toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or assessments charged against toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon 24 hours prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant generated, handled, stored or disposed of Hazardous Materials in the Premises or the Project, except for the Allowed Materials. In all events Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord in the manner elsewhere provided in this Lease from any liability and/or expense resulting from release of hazardous or toxic materials caused by Tenant’s noncompliance, its agents, employees, contractors, subtenants or licensees. As of the date hereof, Landlord represents, to the best of its knowledge, the Premises is free of any hazardous materials. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Sources: Office Space Lease (Neothetics, Inc.), Office Space Lease (Neothetics, Inc.)
Use. The Premises shall be used only for general office purposes, engineering to include (a) visual inspection – requires microscope and special light as well as computer and digital camera; (b) mechanical inspection – requires force-displacement station and video camera; (c) micro processing including polishing, sharpening; (d) assembly of devices and tools; (e) electrical testing – requires oscilloscopes and amplifiers; (f) light manufacturing; (g) research and development; and for the purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. In the event, Tenant’s uses should require any permits, variances, or other requirements as in order to occupy and use the Premises, Tenant shall use the Premises only be responsible for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, securing them at its sole cost and expense. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent. Tenant shall at its own cost and expense, shall procure, maintain obtain any and make available for Landlord’s inspection throughout the Term, all governmental approvals, other licenses and permits required necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the proper and lawful conduct of Tenant’s permitted use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not do permit any objectionable or permit anything unpleasant odors, smoke, dust, gas, noise or vibrations to be done emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building or buildings in or about which the Premises which will in any way are situated or unreasonably interfere with the rights their use of other occupants of the Building their respective premises. Without Landlord’s prior written consent, Tenant shall not receive, store or the Projectotherwise handle any product, material or use merchandise which is explosive or allow highly inflammable. Tenant will not permit the Premises to be used for any unlawful purposepurpose or in any manner (including without limitation, nor shall Tenant permit any nuisance or commit any waste in method of storage) which would render the Premises insurance thereon void or the Projectinsurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises for the generation, storage, transportation or Tenant which may be allocated to the Premises disposal of dangerous, toxic or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Sectionhazardous materials, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancechemicals, wastes or similar substances.
Appears in 2 contracts
Sources: Lease Agreement (Clearside Biomedical, Inc.), Lease Agreement (Clearside Biomedical, Inc.)
Use. Tenant covenants that the Premises will not be used so as to interfere with other tenants in the Building. Tenant also covenants that no noise or noxious fumes or odors will be created by Tenant so as to interfere with the quiet enjoyment of the other tenants of their respective demised portions of-the Building. Landlord shall be the sole judge on the question of noise, noxious frames and odors, Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws provide and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenantmaintain, at its expense, the handheld fire extinguishers that are required to be maintained in Premises by the governmental agency having jurisdiction over this matter. Neither this lease nor any use by Tenant shall procuregive Tenant any right or easement to the use of any door or passage or concourse connecting with any other building or to any public conveniences, maintain and make available for Landlord’s inspection throughout the Termuse of such doors and passages and concourse and of such conveniences may be regulated and/or discontinued at any time and from time to time by Landlord without notice to Tenant. Tenant shall, at its own expense, procure all governmental approvalsnecessary certificates, permits, orders or licenses and permits which may be required for the proper and lawful conduct of Tenant’s permitted its business by any governmental statute, regulation, ordinance or agency and all governmental requirements relating to the use or uses of the PremisesPremises by the Tenant shall be complied with by Tenant at its own expense. Landlord shall obtain a Certificate of Occupancy for the Premises following completion of Landlord’s Work. Tenant shall not do or permit anything be permitted to be done in or about the Premises which will in store any way interfere with the rights items, including, without limitation, inventory, furniture and equipment, outside of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectBuilding. The use of the Premises for the purposes specified in this Article shall not in any event be deemed to include, and Tenant shall not perform use, or permit the use of, the Premises or any work part thereof for: (a) sale of, or conduct traffic in, any business whatsoever spirituous liquors, wines, ale or beer kept in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost ; (b) sale at retail of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant other products or its use of materials kept in the Premises, including without limitation all federal by vending machines or otherwise, or demonstrations to the public; (c) manufacturing, printing or electronic data processing, except for the operation of normal business office reproducing or printing equipment, electronic data processing equipment and state occupational health and safety requirements, whether or not other business machines for Tenant’s compliance will necessitate expenditures or interfere with its own requirements at the Premises, provided only that such use and enjoyment shall not exceed that portion of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements mechanical or restrictions now or hereafter affecting or encumbering electrical capabilities of the Building and/or Projectequipment allocable to the Premises; (d) the rendition of medical, and any amendments or modifications thereto, including without limitation other diagnostic or therapeutic services; (e) the payment by Tenant conduct of a public auction of any periodic kind; or special dues (f) a restaurant, bar, or assessments charged against the Premises sale of confectionery, tobacco, newspapers, magazines, soda, beverages, sandwiches, ice cream, baked goods or Tenant which may be allocated to similar items, or the Premises preparation, dispensing or Tenant consumption of food and beverages in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancemanner whatsoever.
Appears in 2 contracts
Sources: Sub Lease Agreement (Loxo Oncology, Inc.), Lease Agreement (Loxo Oncology, Inc.)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals The premises are to be obtained by Tenant from all relevant used for general office purposes and required governmental agencies and authoritiesfor no other business or purpose. The parties agree that any contrary No use shall be deemed made or permitted to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use be made of the Premises. Tenant shall not do or permit anything to be premises, nor acts done in or about the Premises premises, which will in any way interfere conflict with any law, ordinance, rule or regulation, permit, occupancy certificate, or other entitlement affecting the rights of other occupants use or occupancy of the Building premises, now or the Projecthereafter in effect, or use which will increase the existing rate of insurance upon the Project or allow cause a cancellation of any insurance policy covering the Premises to be used for building or any unlawful purposepart thereof, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do sell, or permit to be done anything kept, used or sold in or about the premises any article which will invalidate or increase may be prohibited by the cost standard form of any fire insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulespolicy. Tenant shall comply at its own expense comply with all present and future laws, ordinances, restrictionsorders, rules, regulations, orders, rules and and/or requirements of all governmental authorities that pertain pertaining to Tenant Tenant's particular use or its use occupancy of the Premisespremises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises's activities therein. Tenant shall comply at its expense with all present and future covenantsnot commit, conditionsor suffer to be committed, easements any waste upon the premises, or restrictions now any public or hereafter affecting private nuisance, or encumbering other act or thing which may obstruct or disturb the Building and/or quiet enjoyment of any other tenant in the Project, and nor shall Tenant, without the written consent of Landlord, use any amendments apparatus, machinery or modifications theretodevice in or about the premises which shall cause any substantial noise or vibration, including without limitation or which shall substantially increase the payment by Tenant amount of any periodic electricity or special dues water, if any, agreed to be furnished or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereofsupplied under this lease. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged not install or use heat-generating machines, excess lighting, or other equipment which may affect the temperature otherwise maintained by reason the air conditioning equipment, without the prior written consent of Tenant’s failure Landlord. Tenant may install the usual office machines and equipment, such as electrical typewriters, adding machines, teletypewriters and similar equipment. Notwithstanding the foregoing, Tenant may install and operate at the premises computers and related equipment, subject to comply with the provisions of this Section, lease respecting use of the premises and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceinstallation of alterations and trade fixtures.
Appears in 2 contracts
Sources: Sublease Agreement (E Stamp Corp), Sublease Agreement (Keynote Systems Inc)
Use. Section 5.01. Tenant shall use and occupy the Demised Premises for administrative, executive and general business office purposes only and for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any no other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premisespurposes.
Section 5.02. Tenant shall not do suffer or permit the Demised Premises or any part thereof to be used in any manner, or suffer or permit anything to be done therein, or suffer or permit anything to be brought into or kept in or about the Demised Premises which will would in any way (i) violate any law or requirement of public authorities, (ii) cause structural injury to the Building or any part thereof, (iii) interfere with the rights normal operation of the heating, air conditioning, ventilating, plumbing or other occupants mechanical or electrical systems of the Building or the Projectelevators installed therein, (iv) constitute a public or private nuisance, or use (v) alter the appearance of the exterior of the Building or allow of any portion of the Premises interior thereof other than the Demised Premises. Tenant's signage on its entrance door shall be subject to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectLandlord's approval.
Section 5.03. Tenant shall not, without the prior written consent of Landlord (which shall not perform be unreasonably withheld or delayed), allow a "Servicing Company" (defined below) to install any work telephone, data, information or conduct any business whatsoever other communications equipment in the Project Demised Premises to service premises occupied by persons other than inside Tenant and/or its affiliates. For example, the Demised Premises may not be used as a so-called "switching" or "relay" station serving third parties (that is, parties other than Tenant and its affiliates) without such consent by Landlord. In granting such consent, Landlord may require that the Servicing Company enter into a license agreement with Landlord confirming that the Servicing Company shall have no independent rights in the Demised Premises and that upon termination of this Lease, for whatever reason, the Servicing Company will have no right to leave its equipment in the Demised Premises. Landlord may make a reasonable charge to the Servicing Company for allowing it to install its equipment in the Demised Premises. A "Servicing Company" shall mean a person, firm, corporation or other entity other than ---------- Tenant shall whose equipment services not do or permit to be done anything which will invalidate or increase only the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Demised Premises, including without limitation all federal and state occupational health and safety requirements, whether but other ------ premises or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceparties as well.
Appears in 2 contracts
Sources: Lease (Ticketmaster Online Citysearch Inc), Lease (Citysearch Inc)
Use. Tenant a. In no event shall Lessee use or permit the use of the Premises only for the purposes stated in Item 3 of the Basic Lease Provisionsany purpose other than general office use (which may include, all in accordance subject to compliance with applicable laws and restrictions governmental requirements, use of the Premises for non- destructive, research and pursuant development purposes and for other incidental lawful uses, all not involving Hazardous Materials (other than "Standard Office Hazardous Materials" as hereinafter defined), and all in a manner consistent with operation within a first-class general office use building, so as not to approvals exceed the capacity of the mechanical and utility systems serving, and/or the floor load capacity of, the Premises or interfere with the use or occupancy of any other occupant of the Building). Lessor and Lessee hereby acknowledge and agree that the foregoing use restriction is an absolute prohibition against a change in use of the Premises as contemplated under California Civil Code Section 1997.230. Lessee shall not do or permit to be obtained by Tenant from all relevant done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or the Project or any of its contents, or cause cancellation of any insurance policy covering the Building or the Project or any part thereof or any of its contents. Lessee shall not, without prior consent of Lessor, bring into the Building or the Premises or use or incorporate in the Premises any apparatus, equipment or supplies that may cause substantial noise, odor, or vibration or overload the Premises or the Building or any of its utility or elevator systems or jeopardize the structural integrity of the Building or any part thereof. Lessee and required governmental agencies and authorities. The parties agree Lessee's Agents shall not use, store, or dispose of any "Hazardous Materials" (defined below) on any portion of the Project, except, however, that any contrary use nothing contained in this Lease shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted prohibit Lessee's use of customary general office supplies typically used in an office area in the ordinary course of business. such as copier toner, liquid paper, glue and ink, for use in the manner for which they were designed, in such amounts and in a manner as is normal for first-class general office use but containing substances technically constituting Hazardous Materials under this Lease (collectively, "Standard Office Hazardous Materials"). Without limiting the generality of the foregoing, Lessee shall not (either with or without negligence) cause or permit the escape, disposal or release of any Hazardous Materials in, on or below the Premises or Any other portion of the Project. If any lender or governmental agency shall ever require testing to ascertain whether or not them has been any release or other use of Hazardous Materials at the Premises during the Term of this Lease, then the reasonable costs thereof shall be reimbursed by Lessee to Lessor upon demand as additional rent. In addition, Lessee shall execute such affidavits, representations and certifications as may be reasonably required by Lessor from time to time concerning Lessee's best knowledge and belief regarding the presence of Hazardous Materials at the Premises. Tenant Lessee shall indemnify, defend with counsel acceptable to Lessor, and hold Lessor and Lessor's employees, agents, partners, officers, directors and shareholders harmless from and against any and all claims, actions, suits, proceedings. orders, judgment, losses, costs, damages, liabilities. penalties, or expenses (including, without limitation, attorneys' fees) arising in connection with the breach of the obligations described in any of the previous four sentences and the obligations of Lessee pursuant hereto and under the previous four sentences shall survive the Lease Termination. As used in this paragraph, "Hazardous Materials" means any chemical, substance or material which has been determined or is hereafter determined by any federal, state, or local governmental authority to be capable of posing risk of injury to health or safety, including, without limitation, petroleum, asbestos, polychlorinated biphenyls, radioactive materials, radon gas, and/or biologically and/or chemically active materials. Without limiting the generality of the foregoing. the definition of "Hazardous Materials" shall include those definitions found in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. (S)(S) 9601 et seq., the -- --- Resource Conservation and Recovery Act of 1976, 42 U.S.C. (S)(S) 6901 et seq., -- --- the Hazardous Materials Transportation Authorization Act, 49 U.S.C. (S)(S) 5101 et seq., the National Environmental Policy Act, 42 U.S.C. (S)(S) 4321 et seq., -- --- -- --- the Clean Water Act, 33 U.S.C. (S)(S) 1251 et seq., the Clean Air Act, 42 U.S.C. -- --- (S)(S) 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. (S)(S) 2601 et -- --- -- seq., the Safe Drinking Water Act, 42 U.S.C. (S)(S) 300f et seq., the --- -- --- Occupational Safety and Health Act, 29 U.S.C. (S)(S) 651 et seq., Division 20 of -- --- the California Health and Safety Code commencing at Section 24000, Division 7 of the California Water Code commencing at Section 13000, each as amended from time to time, and all similar federal, state and local statutes and ordinances and all rules, regulations or policies promulgated thereunder. Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, Project or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant Lessee cause, maintain or permit any nuisance in, on or about the Promises. Lessee shall not commit or suffer to be committed any waste in or upon the Premises. Lessor shall promptly notify Lessee of any Hazardous Materials actually known by Lessor (without duty of investigation or imputation of knowledge) to exist in or about the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in other portions of the Project other than inside at levels in violation of applicable laws or which otherwise pose a material risk of having a material and adverse affect upon the Premises. Tenant shall not do or permit operation of Lessee's business from the Premises (including, without limitation, access to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the PremisesPremises and parking areas serving the Project). If requested by I as within thirty (30) days following the execution of this Lease, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant Lessor shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant promptly provide to Lessee copies of any periodic Hazardous Materials reports or special dues other environmental reports respecting the Project then existing in Lessor's possession, which reports shall be maintained by Lessee in strict confidence. Notwithstanding anything to the contrary contained herein, Lessee shall not be responsible (either directly or assessments charged against as an item of Building Service Expenses or as an item of Project Expenses) for costs related to the testing, remediation and/or presence of Hazardous Materials on or about the Premises or Tenant which may be allocated Project except to the Premises extent caused to be present thereon or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for thereabout by Lessee, any additional insurance premium charged by reason subtenant of Tenant’s failure to comply with the provisions Lessee and/or any of this Sectiontheir respective employees, and shall indemnify Landlord from any liability agents, representatives, contractors and/or expense resulting from Tenant’s noncomplianceinvitees.
Appears in 2 contracts
Sources: Net Office Lease (Chordiant Software Inc), Net Office Lease (Chordiant Software Inc)
Use. Tenant The Premises shall use the Premises only not be used or occupied for any purpose other than for the purposes stated in Item 3 Permitted Use, and neither Tenant nor Tenant’s Occupants shall do anything that may (a) increase the existing rate or violate the provisions of any insurance carried with respect to the Basic Lease ProvisionsProperty, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to (b) create a public or private nuisance, commit waste or unreasonably interfere with, annoy or disturb any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do tenant or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants occupant of the Building or Landlord in the Projectoperation of the Building, (c) overload the floors or use otherwise damage the structure of the Building, (d) constitute an illegal or allow the Premises to be used for any unlawful reasonably objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or (e) increase the cost of any insurance policy(iesutility service beyond the level permitted by Paragraph 8, (f) covering violate any present or future laws, ordinances, regulations or requirements or any covenants, conditions and restrictions existing with respect to the Property, (g) subject Landlord or any other tenant to any liability to any third party, or (h) lower the first-class character of the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall shall, at Tenant’s sole cost, (v) use the Premises in a careful and safe manner, (w) comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules regulations and requirements and any covenants, conditions and restrictions existing with respect to the Property, including, without limitation, those relating to hazardous substances, hazardous wastes, pollutants or contaminants and those relating to access by disabled persons, (x) comply with the requirements of all governmental authorities that pertain any board of fire underwriters or other similar body relating to Tenant or its use of the Premises, including (y) keep the Premises free of reasonably objectionable noises and odors, including, without limitation all federal limitation, cigar, pipe and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectsimilar smoke odors, and any amendments (z) not store, use or modifications thereto, including without limitation the payment by Tenant dispose of any periodic hazardous substances, hazardous wastes, pollutants or special dues or assessments charged against contaminants on the Premises or Tenant which may be allocated to the Premises or Tenant Property, except for de minimis quantities of typical cleaning and office supplies that are stored, used and disposed of in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Sectionall applicable laws, ordinances, regulations and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancerequirements.
Appears in 2 contracts
Sources: Office Lease (Cricut, Inc.), Office Lease (Cricut, Inc.)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief relief, in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or nor permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Office Building or the Projectuse, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Office Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesunderwriters' rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply comply, at its expense expense, with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation limitation, all federal and state occupational occupational, health and safety requirementsrequirements and all recorded covenants, conditions and restrictions affecting the Office Building whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials, as such materials may be identified in any federal state or encumbering the Building and/or Projectlocal law or regulation, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against in the Premises or Tenant the Office Building without the prior written consent of Landlord, which consent may be allocated refused or conditioned by Landlord in its discretion. ▇▇▇▇▇▇ agrees that it shall promptly complete and deliver to the Premises or Tenant in accordance with the provisions thereofLandlord any disclosure form regarding hazardous materials that may be required by any governmental agency. Tenant shall promptly promptly, upon demand demand, reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, Section and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s ▇▇▇▇▇▇'s noncompliance. Tenant acknowledges that: (a) the Office Building does not comply in certain respects with the requirements of the Americans with Disabilities Act; and (b) certain portions of the Office Building contain asbestos containing materials. ▇▇▇▇▇▇▇▇ has been advised that these materials are non-friable and do not represent a health risk. ▇▇▇▇▇▇ is invited to review reports concerning these matters on file at the office of the Office Building.
Appears in 2 contracts
Sources: Assignment of Lease (NBC Internet Inc), Assignment of Lease (Xoom Inc)
Use. Tenant shall may use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsPermitted Use, and shall must comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future statutes, laws, ordinances, restrictions, regulationscodes, orders, rules and regulations, as well as all requirements of all governmental authorities that pertain any of Landlord's insurance providers, relating to Tenant or its use of the Premisesuse, including without limitation all federal condition and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Tenant shall comply at its expense with all present and future covenantsThe Premises may not be used for any use other than the Permitted Use which (i) is disreputable, conditionscreates fire hazards, easements or restrictions now or hereafter affecting or encumbering results in an increased rate of insurance on the Building and/or Projector its contents; (ii) would violate any covenant, agreement, term, provision or condition of this Lease or is in contravention of the certificate of occupancy or zoning ordinances pertaining to the Building; (iii) would alter, affect or interfere with or would overload the electrical, mechanical or HVAC systems or any other component of the Building, or would exceed the floor load per square foot which the floor was designed to carry and which is allowed by law; or (iv) would, in Landlord's reasonable judgment, in any way impair or tend to impair or exceed the design criteria, structural integrity, character, reputation or appearance of the Building. Tenant will not conduct or permit the generation, transportation, storage, installation, treatment or disposal, either in the Building or in the Premises, of any hazardous or toxic materials (other than those customarily used by office tenants in the normal course of business), and any amendments or modifications thereto, including without limitation Tenant will keep the payment by Tenant Building and the Premises free of any periodic lien or special dues claim imposed under any federal, state or assessments charged against local environmental statute, law, ordinance, code, rule or regulation. If, because of Tenant's acts (which are outside of the Premises Permitted Use and have not been approved in writing by Landlord), the rate of insurance on the Building or its contents increases, then such acts will constitute an Event of Default, Tenant which may be allocated must pay to Landlord the Premises or Tenant in accordance with the provisions thereofamount of such increase on demand, and acceptance of such payment will not waive any of Landlord's other rights. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure agrees to comply with the provisions of this Sectionconduct its business and control its agents, employees, and shall indemnify invitees in such a manner as not to create any nuisance or unreasonably interfere with other tenants or Landlord from any liability and/or expense resulting from Tenant’s noncompliancein its management of the Building.
Appears in 2 contracts
Sources: Lease Agreement (Coolsavings Com Inc), Lease Agreement (Coolsavings Com Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits permits, if any, required for the proper and lawful conduct of Tenant’s permitted use of 's business in the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the ProjectBuilding, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentscontents (unless Tenant agrees to pay for such increases), and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.
Appears in 2 contracts
Sources: Industrial Lease (Minimed Inc), Industrial Lease (Minimed Inc)
Use. Tenant shall continuously occupy and use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, Permitted Use and shall comply with all applicable Laws relating to this Lease and/or the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises, and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the common areas of the Building, other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions, including any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be borne by Tenant). The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of insurance underwriters ruleson the Building or its contents, or for the storage of any Hazardous Materials (except as provided in Section 26 hereto), provided, however, that such matters arising in connection with T▇▇▇▇▇’s Permitted Use of the Premises are expressly permitted regardless of whether such matters are considered disreputable, create extraordinary fire hazards, or result in an increased rate of insurance on the Building or its contents. Outside storage, including storage of trucks or other vehicles, is prohibited without Landlord’s prior written consent (not to be unreasonably withheld, conditioned or delayed). If, because of a Tenant Party’s acts or because Tenant vacates the Premises, the rate of insurance on the Building or its contents increases, then Tenant shall pay to Landlord the amount of such increase on demand. Tenant shall comply at conduct its expense business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with all present other tenants or Landlord in its management of the Building, provided, however, that nuisances and future lawsinterference arising in connection with T▇▇▇▇▇’s Permitted Use of the Premises are expressly permitted regardless of whether such nuisances and interference interfere in any way with other tenants or persons having business with them. Notwithstanding the foregoing, ordinances, restrictions, regulations, orders, rules and requirements in the event of all governmental authorities that pertain to Tenant any nuisances or its use interference arising in connection with Tenant’s Permitted Use of the Premises, including without limitation all federal and state occupational health and safety requirementsTenant shall, whether upon Landlord’s reasonable request, use commercially reasonable efforts to mitigate such nuisances or not interference, provided that Tenant shall have no obligation to effect any mitigation efforts that would disrupt or otherwise disturb Tenant’s compliance will necessitate expenditures or interfere with operation of its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against business on the Premises or Tenant which may be allocated to for the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancePermitted Use.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Polarityte, Inc.), Lease Agreement (Polarityte, Inc.)
Use. Tenant shall use the Premises only for general office use consistent with the purposes stated in Item 3 character of a first class office building and shall not use or permit the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals Premises to be obtained by Tenant from all relevant and required governmental agencies and authoritiesused for any other purpose without Landlord’s prior written consent. The parties agree that any contrary use Nothing contained herein shall be deemed to cause material and irreparable harm give Tenant any exclusive right to Landlord and such use in the Project. Tenant shall entitle Landlord to injunctive relief not use or occupy the Premises in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout violation of law or of the Term, all governmental approvals, licenses and permits required certificate of occupancy issued for the proper Building or Project, and lawful conduct shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s permitted use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building Project, or the Projectinjure or annoy them, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.any
Appears in 2 contracts
Sources: Office Lease (Rimini Street, Inc.), Office Lease (Rimini Street, Inc.)
Use. Tenant A. The Premises shall use the Premises be used only for the purposes stated in Item 3 purpose of the Basic Lease Provisionsgeneral office, all in accordance with applicable laws receiving, storing, shipping, assembly, light manufacturing, and restrictions selling (other than retail) products, materials and pursuant to approvals to be obtained merchandise made and/or distributed by Tenant from all relevant and required governmental agencies for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and authoritiesother vehicles, is prohibited without Landlord’s prior written consent which consent shall not be unreasonably withheld. The parties agree that any contrary use Tenant shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain own cost and make available for Landlord’s inspection throughout the Term, expense obtain any and all governmental approvals, licenses and permits required necessary for the proper and lawful conduct of Tenant’s permitted its use of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not do or permit anything limited to be done those regarding the correction, prevention and abatement of nuisances in or about upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises which will in any way are situated or unreasonably interfere with the rights their use of their respective Premises. In addition to any other occupants remedies Landlord may have for a breach by Tenant of the Building terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord’s prior written consent, Tenant shall not receive, store or the Projectotherwise handle any product, material or use merchandise which is explosive or allow highly inflammable. Tenant will not permit the Premises to be used for any unlawful purpose, nor shall Tenant permit purpose or in any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, manner (including without limitation all federal and state occupational health and safety requirements, whether any method of storage) which would render the insurance thereon void or not the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant’s compliance will necessitate expenditures use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase.
B. With respect to any release of toxic or interfere with its use and enjoyment hazardous substances or wastes or other condition of the Premises. Tenant shall comply at Premises occurring on or after the date of the Lease and caused by or resulting from the negligent acts or omissions or willful misconduct of Tenant, its expense with all present and future covenantsemployees, conditionsauthorized agents, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectcontractors, and which release or other condition violates the provisions of, or necessitates any amendments removal, treatment, or modifications theretoother remedial action under, including without limitation the payment by Tenant any past, present, or future federal, state, or local statute or ordinance or any regulation, directive, or requirement of any periodic governmental authority with jurisdiction relating to protection of the environment, ▇▇▇▇▇▇ agrees to defend, indemnify, and hold harmless Landlord, its partners, employees, agents, and contractors, from and against any and all losses, claims, liabilities, damages, demands, fines, costs, and expenses (including reasonable attorney’s fees and legal expenses) arising out of or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereofresulting therefrom. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the The provisions of this Sectionparagraph shall survive the termination or expiration of this Lease and the surrender of the Premises by ▇▇▇▇▇▇, with respect to releases, events, or conditions occurring prior to such termination, expiration, or surrender. With respect to any release of toxic or hazardous substances or wastes or other condition of the Premises occurring prior to the date of this Lease and caused by or resulting from the negligent acts or omissions or willful misconduct of Landlord, its employees, authorized agents, or contractors, and shall indemnify Landlord which release or condition violates the provisions of, or necessitates any removal, treatment, or other remedial action under, any past, present, or future federal, state, or local statute or ordinance or any regulation, requirement, or directive of any governmental authority with jurisdiction relating to protection of the environment, ▇▇▇▇▇▇▇▇ agrees to defend, indemnify, and hold harmless Tenant from and against any liability and/or expense and all losses, claims, liabilities, damages, demands, fines, costs, and expenses (including reasonable attorneys’ fees and legal expenses) arising out of or resulting from Tenant’s noncompliancetherefrom.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Applied Precision, Inc.)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions (subject to the provisions of Section 2.5) and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentscontents (unless Tenant pays any such increase in cost), and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including including, without limitation limitation, all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Notwithstanding the foregoing, to the extent that construction or rehabilitation of the Building structure or to the systems serving the Building is required in connection with the foregoing compliance, Landlord shall perform such construction or rehabilitation and the costs thereof, subject to the limitations on "capital" repairs or replacements contained in Section 4.2(g), shall be considered as part of "Project Costs" (except to the extent that such compliance obligations (I) are triggered by or relate to Tenant's use of the Premises for other than general office purposes, or (ii) are triggered by or relate to particular alterations or improvements installed by Tenant in the Premises, in which event Tenant shall perform all required construction and/or rehabilitation at its sole cost and expense). Tenant shall comply at its expense with all present and future existing covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications theretoincluding, including without limitation limitation, the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall comply at its expense with any future amendments or modifications to such existing covenants, conditions, easements or reservations, and with any future covenants, conditions, easements or restrictions hereafter affecting or encumbering the Building and/or the Project, provided same do not materially impair Tenant's use and enjoyment of the Premises or materially increase Tenant's obligations or materially decrease Tenant's rights under this Lease. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.
Appears in 2 contracts
Sources: Lease Agreement (New Century Financial Corp), Lease Agreement (New Century Financial Corp)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not knowingly do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable and reasonable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function to the extent such rules and requirements are provided to Tenant. Subject to the express provisions of this Lease to the contrary, Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain particularly to Tenant or its particular use of the Premises and/or pertain only to the interior of the Premises, including including, without limitation limitation, all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any future covenants, conditions, easements or restrictions, and any amendments or modifications theretothereto which do not materially derogate the rights of Tenant or materially increase the obligations of Tenant hereunder, including including, without limitation limitation, the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.
Appears in 2 contracts
Sources: Lease Agreement (Broadcom Corp), Industrial Lease (Broadcom Corp)
Use. Tenant shall continuously occupy and use the Premises only for general office use or uses incidental thereto, all of which shall be consistent with the purposes stated in Item 3 standards of a first class office project (the "Permitted Use") and shall comply, at Tenant's expense, with all Regulations relating to the use, condition, alteration, improvement, access to, and occupancy of the Basic Lease ProvisionsPremises, all in accordance with applicable laws and restrictions and pursuant including without limitation, Regulations relating to approvals Hazardous Materials (defined below). Should any Regulation now or hereafter be imposed on Tenant or Landlord by any governmental body relating to be obtained the use or occupancy of the Premises or the Project common areas by Tenant from all relevant and required governmental agencies and authorities. The parties agree that or any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. TenantTenant Party or concerning occupational, health or safety standards for employers, employees, or tenants, then Tenant agrees, at its sole cost and expense, shall procure, maintain to comply promptly with such Regulations if such Regulations relate to anything within the Premises or if compliance with such Regulations is within the control of Tenant and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use applies to an area outside of the Premises. Tenant shall conduct its business and shall cause each Tenant Party to act in such a manner as to (a) not do release or permit anything to be done the release of any Hazardous Material in, under, on or about the Project in violation of any Regulations, (b) use or store any Hazardous Materials (other than incidental amounts of cleaning and office supplies) in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, (c) not create or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit unreasonable interference with or disturbance of other tenants of the Project or Landlord in its management of the Project or (d) not create any waste occupancy density in the Premises or parking density with respect to Tenant and any Tenant Party at the Project. Tenant shall not perform any work or conduct any business whatsoever Project greater than those specified in the Project other than inside the PremisesBasic Lease Information. Tenant shall not do "Hazardous Material" means any hazardous, explosive, radioactive or permit to be done anything toxic substance, material or waste which will invalidate is or increase the cost of becomes regulated by any insurance policy(ieslocal, state or federal governmental authority or agency, including, without limitation, any material or substance which is (i) covering the Buildingdefined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," "pollutant" or "contaminant" under any Regulation, the Project and/or their contents(ii) a flammable explosive, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws(iii) a radioactive material, ordinances(iv) a polychlorinated biphenyl, restrictions(v) asbestos or asbestos containing material, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance(vi) a carcinogen.
Appears in 2 contracts
Sources: Office Lease (Avi Biopharma Inc), Office Lease (E Comnetrix Inc)
Use. 10.1 Tenant shall may use the Premises only for laboratory research and development and related administrative, office and other ancillary uses as permitted by (i) the purposes stated in Item 3 applicable zone under the City of the Basic Lease ProvisionsSan Diego Land Development Code, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to (ii) any other available remedy. Tenantlaws, at its expenseregulations, shall procureordinances, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything applicable to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, and (iii) all covenants, conditions and restrictions recorded against the property, and shall not use the Premises, or use permit or allow suffer the Premises to be used for any unlawful purpose, nor other purpose without the prior written consent of Landlord.
10.2 Tenant shall Tenant permit any nuisance or commit any waste in conduct its business operations and use the Premises or in compliance with all federal, state, and local laws, regulations, ordinances, requirements, permits and approvals applicable to the ProjectPremises. Tenant shall not perform use or occupy the Premises in violation of any work law or conduct regulation or the certificate of occupancy issued for the Building, and shall, upon five (5) days written notice from Landlord, discontinue any business whatsoever in use of the Project other than inside Premises which is declared by any governmental authority having jurisdiction to be a violation of law or the certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to Tenant’s particular use or occupation thereof. Tenant shall not be deemed to be in default of the foregoing obligation if it has the right to appeal such directive and Tenant prosecutes such appeal in a timely fashion and in a manner that does not impose or threaten to impose any lien, charge or other obligation on Landlord or any portion of the Project.
10.3 Tenant shall not do or permit to be done anything which will invalidate or increase the cost (unless Tenant agrees to pay such increased cost) of any fire, extended coverage or any other insurance policy(ies) policy covering the BuildingPremises, the Project and/or their contentsor which will make such insurance coverage unavailable on commercially reasonable terms and conditions, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules regulations and requirements of all governmental authorities that pertain to Tenant or its use the insurers of the Premises.
10.4 Subject to the warranty of Landlord in Section 14.3, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall cause the Premises to comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or ProjectAmericans with Disabilities Act of 1990 (“ADA”), and any amendments or modifications theretothe regulations promulgated thereunder, including without limitation as amended from time to time. All responsibility for compliance with the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated ADA relating to the Premises and the activities conducted by Tenant within the Premises after the Term Commencement Date shall be exclusively that of Tenant and not of Landlord, including any duty to make capital improvements, alterations, repairs and replacements to the Premises; provided, however, (i) Landlord shall be responsible for compliance with the ADA to the extent of a violation of Landlord’s warranty in Section 14.3; (ii) Landlord shall make all improvements outside of the Premises required for compliance with the ADA (with only the amortized costs of capital improvements payable by Tenant as an Operating Expense under Section 7.1(b)); and (iii) neither Tenant nor Landlord shall be required to make capital improvements, alterations, repairs or replacements to comply with the ADA unless and until required to do so by order of a government entity or court of law exercising proper jurisdiction with regard thereto, subject to any right to appeal or otherwise contest any such order. Any alterations to the Premises made by Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with the provisions thereof. Tenant Article 17; provided, that Landlord’s consent to such alterations shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason not constitute either Landlord’s assumption, in whole or in part, of Tenant’s failure to responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of this Sectionthe ADA.
10.5 Tenant may install signage on and about the Premises to the extent permitted by, and in conformity with, applicable provisions of the City of San Diego Sign Ordinance, and to the extent approved by Landlord, which approval shall indemnify not be unreasonably withheld or delayed. Tenant acknowledges that it understands that other tenants will occupy space in the Project, and that the maximum allowable signage is to be shared among all of the tenants on a fair and reasonable basis. Tenant further acknowledges it is familiar with the restrictions of the City of San Diego Sign Ordinance, and is not relying on any representations or warranty of Landlord regarding the number, size or location of any signage. Notwithstanding the foregoing, subject to Landlord’s reasonable approval and all applicable laws, Tenant shall be entitled to display at least one exterior sign identifying Tenant near the entrance to the Building. The expense of design, permits, purchase and installation of any signs shall be the responsibility of Tenant and the cost thereof shall be borne by Tenant. At the termination of the Lease, all signs shall be the property of Tenant and may be removed from the Premises by Tenant, subject to the provisions of Article 36.
10.6 No equipment shall be placed at a location within the Building other than a location designed to carry the load of the equipment. Equipment weighing in excess of floor loading capacity shall not be placed in the Building.
10.7 Tenant shall not use or allow the Premises to be used for any liability and/or expense resulting from Tenant’s noncomplianceunlawful purpose, nor shall Tenant cause, maintain or permit any nuisance or waste in, on, or about the Premises.
10.8 Landlord shall provide services to the Project described on Exhibit H attached hereto, subject to reimbursement by Tenant as Operating Expenses pursuant to Section 7.1(b).
Appears in 2 contracts
Sources: Lease (Genelux Corp), Lease (Genelux Corp)
Use. 2.01. Tenant shall use the Premises only for the executive and sales office and pharmaceutical development purposes stated in Item 3 of the Basic Lease Provisionsinvolving protein chemistry, all in accordance with applicable laws molecular genetics and restrictions cellular biophysics, and pursuant to approvals to be obtained by Tenant from all relevant and required for any other lawful purpose incidental thereto, but for no other purpose.
2.02. If any governmental agencies and authorities. The parties agree that any contrary use license or permit shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use 's business in the Premises or any part thereof (other than the present certificate of occupancy for the PremisesPremises or for the Building), Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and submit the same to Landlord for inspection. Tenant shall at all times comply with the terms and conditions of each such license or permit. Tenant shall not do at any time use or occupy, or suffer or permit anything anyone to be done use or occupy, the Premises, or any part thereof, in or about any manner (a) which violates the certificate of occupancy for the Premises or for the Building or any other permit or license issued pursuant to any Legal Requirements; (b) which will in causes or is liable to cause injury to the Building or any way interfere with equipment, facilities or systems therein; (c) which constitutes a violation of the rights of other occupants Legal Requirements or Insurance Requirements; (d) which impairs or tends to impair the character, reputation or appearance of the Building as a first class office building; (e) which impairs or tends to impair the Projectproper and economic maintenance, operation and repair of the Building and/or its equipment, facilities or use systems; or allow the Premises (f) which annoys or inconveniences or tends to be used for any unlawful purpose, nor shall Tenant permit any nuisance annoy or commit any waste in the Premises inconvenience other tenants or occupants of the Project. Tenant shall not perform at any work time use or conduct any business whatsoever in the Project other than inside occupy, or suffer or permit anyone to use or occupy, the Premises. Tenant shall not do , or permit to be done anything which will invalidate any part thereof, for (i) the production or increase the cost disposal of any insurance policy(iestoxic chemicals, (ii) covering the Buildinga banking, the Project trust company, or safe deposit business, or (iii) a restaurant and/or their contents, and shall comply with all applicable insurance underwriters rulesbar.
2.03. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its No use of the Premises, including without limitation all federal Premises by Tenant prior to the Commencement Date (a) shall be deemed a breach of any covenant in this Lease or the Rules and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its Regulations (as defined in Section 11.01) relating to the use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment Premises by Tenant of any periodic or special dues or assessments charged against the Premises or (b) shall expose Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse charges by Landlord for any additional increased insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancepremiums or other costs or expenses.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws Provisions and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesfor no other use whatsoever. The parties agree that any contrary use uses prohibited under this Lease shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenantinclude, at its expensewithout limitation, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the PremisesPremises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; or (iii) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation and with all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment energy usage reporting requirements of Landlord. As of the Premisesdate of this Lease, there has been no inspection of the Building and Project by a Certified Access Specialist as referenced in Section 1938 of the California Civil Code. Tenant During the Term, Landlord shall comply be responsible, at its expense cost (except to the extent properly included in Project Costs), for correcting any violations of Title III of the Americans with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering Disabilities Act (“ADA”) in which it is notified by governmental authorities with respect to the Common Areas of the Building and/or Projectexcept for any obligations specifically imposed upon Tenant pursuant to this Lease. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any amendments and all defenses allowed by law and the right to appeal any decisions, judgments or modifications theretorulings to the fullest extent permitted by law. Landlord, including without limitation after the payment by Tenant exhaustion of any periodic and all rights to appeal or special dues contest, will make all repairs, additions, alterations or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure improvements necessary to comply with the provisions terms of this Sectionany final order or judgment. Notwithstanding the foregoing, Tenant, not Landlord, shall be responsible for the correction of any violations that arise out of or in connection with any claims brought under any provision of the Americans with Disabilities Act other than Title III, the specific nature of Tenant's business in the Premises (other than general office use), the acts or omissions of Tenant, its agents, employees or contractors, Tenant's arrangement of any furniture, equipment or other property in the Premises, any repairs, alterations, additions or improvements performed by or on behalf of Tenant (including the Tenant Improvements) and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancedesign or configuration of the Premises specifically requested by Tenant after being informed that such design or configuration may not be in strict compliance with the ADA.
Appears in 1 contract
Sources: Lease Agreement (Lantronix Inc)
Use. 5.01. The Demised Premises shall be used by Tenant solely as and for the Permitted Use and for no other purpose. No sublease, assignment or other transfer of any of Tenant's rights hereunder shall be inconsistent with the Permitted Use, absent Landlord 's consent which may be withheld in La ndlord 's sole and absolute discretion.
5.2. Tenant shall not use or permit the use of the Demised Premises only or any part thereof in any way that would violate the Permitted Use or any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purpose or in any unlawful manner or in violation of the Certificate of Occupancy for the purposes stated Demised Premises or the Building, and Tenant shall not suffer or permit the Demised Premises or any part thereof to be used in Item 3 any manner, or anything to be done therein or anything to be brought into or kept therein, that, in the judgment of Landlord, in any way impairs or tends to impair the character, reputation or appearance of the Basic Lease ProvisionsBuilding as a high quality office building, all impairs or interferes with, or tends to impair or interfere with, any of the Building services or the proper and economic heating, cleaning, air-conditioning, ventilating or other servicing of the Building or the Demised Premises, or impairs or interferes with, or tends to impair or interfere with, the use of any of the other area s of the Building by, or occasions discomfort, inconvenience or annoyance of, any other tenants or occupants of the Building, or increases, or tends to increase, Landlord's costs of operating the Building. Tenant shall not install any electrical or other equipment of any kind that, in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesthe judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. The parties agree that any contrary use Landlord shall be deemed permitted to cause material take such actions as Landlord deems necessary in its sole and irreparable harm absolute discretion, without notice or court order, to Landlord obtain Tenant's compliance with this Section including, without limitation, removal at Tenant 's sole cost and shall entitle Landlord to injunctive relief expense of any installations of Tenant that violate the terms of this Section in addition to Land lord 's judgment.
5.3. If any governmental license or permit, other available remedy. Tenant, at its expensethan a certificate of occupancy for the Building, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits be required for the proper and lawful conduct of Tenant’s permitted use 's business in the Demised Premises or any part thereof, Tenant at its expense shall procure and maintain and comply with the terms and conditions of such license or permit and submit the Premisessame to Landlord for inspection.
5.4. Tenant shall not do use, or suffer or permit anything anyone to be done in use, the Demised Premi ses or about any part thereof, for (a) a banking, trust company, or safe deposit business, (b) a savings bank, a savings and loan association, or a loan company operating an "off the Premises which will in any way interfere with street " business to the rights general public at the Demised Premises, (c) the sale of other travelers' checks and/or foreign exchange, (d) a stock brokerage office or for stock brokerage purposes, (e) the business of photographic reproductions and/or offset printing (except that Tenant and its permitted assignees, subtenants and occupants may use part of the Building Demised Premises for photographic reproductions and/or offset printing in connect ion with, either directly or indirectly, its own business and/or activities), (f) an employment or travel agency, (g) a school or classroom, (h) medical or psychiatric offices, (i) conduct of an auction, (j) gambling activities or (k) the Projectconduct of obscene, pornographic or similar disreputable activities. Further, the Demised Premises may not be used by (i) an agency, department or bureau of the United States Government, any state or municipality within the United States or any foreign government, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost political subdivision of any insurance policy(iesof them, (ii) covering any charitable, religious, union or other not-for-profit organization, or (iii) any tax exempt entity within the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements meaning of all governmental authorities that pertain to Tenant or its use Section l 68(j)(4)(A) of the PremisesInternal Revenue Code of 1986, including without limitation all federal and state occupational health and safety requirementsas amended, whether or not Tenant’s compliance will necessitate expenditures any successor or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenantssubstitute statute, conditions, easements or restrictions now rule or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which regulation applicable thereto (as same may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceamended).
Appears in 1 contract
Use. Tenant Subtenant shall continuously use and occupy the Premises only Sublet Premises, to the extent permitted by law, for the purposes stated in Item 3 purpose of general office use (the Basic Lease Provisions"Permitted Uses") and for no other use or purpose. Sublandlord makes no representation or warrant as to the necessity of obtaining any license, all in accordance with applicable laws and restrictions and pursuant to approvals permit or approval from any federal, state or municipal governmental authority for such uses. Subtenant shall not conduct any activity on the Sublet Premises, which is not permitted under the Prime Lease, or which causes any noise, odor or vibration to be obtained emitted from the Sublet Premises. Subtenant shall comply with reasonable rules and regulations as the same may be promulgated and modified by Tenant Landlord from time to time. Except as specifically provided in Section 26 hereof, Subtenant shall comply with all relevant laws, statutes, ordinances, by-laws, regulations, restrictions, and required with the requirements of all governmental agencies approvals, licenses and authoritiespermits, relating to the Building or the Sublet Premises (collectively, "Legal Requirements"), and with the provisions of all insurance policies from time to time in effect with respect to the Building or the Sublet Premises. The parties agree that any contrary use In addition, Subtenant shall be deemed to cause material obtain, keep in force, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, comply with all requirements of all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted Subtenant's specific use of the Sublet Premises. Tenant Subtenant shall not do use, generate, treat, store, or permit anything dispose of "Hazardous Substances" (as hereinafter defined) on the Sublet Premises without giving prior written notification to be done in or about Sublandlord, including the Premises which will in any way interfere with the rights of other occupants identity and amounts of the Building or the Project, or use or allow the Premises Hazardous Substances which Subtenant proposes to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsuse, and shall comply receiving prior written consent from Sublandlord, which may be withheld or conditioned in Sublandlord's sole discretion. In all events, Subtenant's use of Hazardous Substances must be in full and complete accordance with all Legal Requirements applicable insurance underwriters rulesthereto. Tenant Subtenant shall comply at indemnify, save harmless, and defend (with counsel reasonably satisfactory to Sublandlord) Sublandlord, its expense with officers, directors, employees, contractors, servants and agents, from and against all present loss, costs, damages, claims proceedings, demands, liabilities, penalties, fines and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premisesexpenses, including without limitation all federal Urnitation reasonable attorneys' fees, consultants' fees, litigation costs, and state occupational health cleanup costs, asserted against or incurred by Sublandlord, its officers, directors, employees, contractors, servants and safety requirements, whether agents at any time and from time to time resulting from the presence of any Hazardous Substances in or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment on the Sublet Premises during the Sublease Term arising after Subtenant's taking possession of the Premises. Tenant shall comply at its expense with all present Sublet Premises and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.(a) the action or inaction of Subtenant, its officers, directors, employees, contractors, servants and
Appears in 1 contract
Sources: Sublease (Microsoft Corp)
Use. Tenant shall use a. Cazenovia will utilize the Premises only exclusively for teaching purposes. All courses shall be taught by Cazenovia instructors at the purposes stated in Item 3 expense of Cazenovia, and Cazenovia shall be solely responsible for compensating the instructors and for all of their benefits and the other terms and conditions of their employment. All faculty members shall sign an acknowledgment that they are employees of Cazenovia and not of Herkimer and that they shall look solely to Cazenovia for wages, salaries and other terms and conditions of employment regarding the program and that Herkimer shall have no responsibility therefore. Herkimer faculty who are hired as Cazenovia adjunct faculty may not assume teaching assignments which conflict with Herkimer teaching assignments, including required office hours. Herkimer and Cazenovia shall comply with all federal, state and local laws, codes, ordinances, regulations, rules, orders and directives that effect the Premises (collectively, “Regulations”), including all environmental, energy and zoning regulations and shall not permit any objectionable, unpleasant or dangerous odors, smoke, dust, gas, emission, noise or vibrations to emanate from Premises, nor permit any activity upon Premises which would constitute a nuisance or would disturb or endanger any other occupant of the Basic Lease Provisionscampus. The management and removal of hazardous waste, all if any, will be administered by Herkimer.
b. Cazenovia shall comply with Herkimer policies and guidelines for safety, security, and waste management in accordance with applicable laws and restrictions and pursuant to approvals this facility. If Cazenovia finds any such policy or guideline to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed unacceptable, its sole remedy is to cause material and irreparable harm terminate this Agreement with 30 days written notice to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. TenantHerkimer.
c. Without Herkimer’s prior written consent, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant Cazenovia shall not do receive, store or permit anything to be done in otherwise handle any product, material or about the Premises merchandise which will in any way interfere with the rights of other occupants of the Building is explosive, highly flammable or the Projectotherwise hazardous, or use which has been listed by the Environmental Protection Agency as being an actual or allow the suspected carcinogen. These materials include but are not limited to: chemicals, radioactive materials, biologicals, laser generating equipment, gases, or solvents beyond those normally found in undergraduate instructional chemistry laboratories. Cazenovia shall not permit Premises to be used in any manner which would render the insurance void or in the judgment of the insurer make the insurance risk more hazardous or more expensive.
d. Cazenovia shall repair and pay for any unlawful purposedamage caused by Cazenovia’s employees, nor shall Tenant permit any nuisance students, agents or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to invitees.
e. EMERGENCY CONTACT NUMBERS: Student and/or faculty injuries will be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, handled by Herkimer Campus Security at ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇ and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use must be reported within 24 hours of the Premises, including without limitation all federal and state occupational health and safety requirements, whether event by the injured person or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceCazenovia faculty member.
Appears in 1 contract
Sources: Partnership Agreement
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about o▇ ▇▇▇▇t the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable May 5, 2005 701423328v1 insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.
Appears in 1 contract
Use. Tenant Lessee shall use the Premises only for general office uses, or for such other uses as are reasonably comparable to such use (for example, professional offices, general commercial offices, and so forth). Lessee shall not use the purposes stated Premises for any other purpose without Lessor’s written consent, which consent shall not be unreasonably withheld. The spectrUM Discovery Area is an interactive science museum committed to inspiring a culture of learning and discovery for all Montanans. It provides world-class exhibit-based education to tens of thousands of Montanans annually, through an array of programming including field trips, public hours as well as afterschool and summer enrichment camps. In the Maya Building, spectrUM will house interactive exhibits, a small neuroscience lab that is designed to be an exhibit in Item 3 itself, a classroom space, office space, and small merchandise area. Lessee further agrees to the following use provisions, which Lessor represents shall be included in every lease for portions of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout building where the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant Premises is located:
(a) Lessee shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful or extra- hazardous purpose, nor . Lessee shall Tenant permit any nuisance or commit any waste in use the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit such a manner as to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, conform to and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with obey all present and future laws, ordinances, restrictionsrules, regulations, orders, rules requirements and requirements orders of all governmental authorities that pertain to Tenant or its agencies.
(b) Lessee shall not make or allow any unlawful, improper or offensive use of the Premises, including Premises and shall not suffer any unreasonable deterioration or waste thereof. Lessee shall not permit any objectionable noise or odor to escape or be emitted from the Premises or do or permit anything to be done on or about the Premises in any way tending to create a nuisance. Lessee shall not allow or cause any obstructions on the walkway areas around the Premises nor shall Lessee sell or display any merchandise on or about the walkway areas in front of or alongside the Premises without limitation all federal and state occupational health and safety requirements, whether Lessor’s prior written consent. Lessee shall not sell or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of permit to be sold any alcoholic beverages on the Premises. Tenant shall comply Lessor grants Lessee the right to provide alcoholic beverages for sale during catered fundraising events to invitees only at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancesaid fundraising events.
Appears in 1 contract
Sources: Commercial Lease Agreement
Use. Tenant A. The Premises shall use the Premises he used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes stated as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Landlord does, however, grant Tenant permission to park or store vehicles or other items reasonably used in Item 3 conducting business including but not limited to water tanks, in the areas indicated on exhibit on Exhibit A. Tenant agrees not to park any vehicles or to allow the parking of the Basic Lease Provisions, all Tenant's vehicles in accordance areas outside of this dedicated area. All such parking or storage shall comply with applicable laws codes and restrictions ordinances. Plans and pursuant specifications therefor shall be subject to approvals the prior review and approval of Landlord, not to be obtained by reasonably withheld. Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain own cost and make available for Landlord’s inspection throughout the Term, expense obtain any and all governmental approvals, licenses and permits required necessary for the proper and lawful conduct of Tenant’s permitted its use of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not do or permit anything limited to be done those regarding the correction, prevention and abatement of nuisances in or about upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate form the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises which will in are situated or unreasonably interface with their use of their respective Premises. In addition to any way interfere with the rights of other occupants remedies Landlord may have for a breach by Tenant of the Building terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord's prior written consent, Tenant shall not receive, store or the Projectotherwise handle any product, material or use merchandise which is explosive or allow highly inflammable. Tenant will not permit the Premises to be used for any unlawful purpose, nor shall Tenant permit purpose or in any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, manner (including without limitation all federal and state occupational health and safety requirementsany method of storage) which would render the insurance thereon void or the Insurance risk more hazardous or cause the State Board of Insurance or other Insurance authority to disallow any sprinkler credits. In the event Tenant's use of Premises shall result in an increase in insurance premiums, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord solely responsible for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancesaid increase.
Appears in 1 contract
Sources: Lease Agreement (Sparkling Spring Water Holdings LTD)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection upon reasonable prior notice throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.
Appears in 1 contract
Use. A. The Premises shall be used for the Permitted Use and for no other purpose whatsoever without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, uses prohibited under this Lease include use of the Premises or any portion thereof for (a) offices of any agency or bureau of the United States, any state or municipality, or any political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or health care service organization providing services to patients directly from the Premises; (d) schools or other training facilities that are not ancillary to corporate, executive or professional office use and offer instruction directly from the Premises; (e) retail uses serving the public (e.g., a “store” rather than offices for a retail concern); (f) radio and/or television stations; (g) telemarketing or customer order/reservation services for third parties; (h) any use that is illegal or dangerous; or (i) any use that would result in an occupancy density in the Premises that is greater than the occupancy density permitted under this Lease. Tenant shall use not create any nuisance or permit any waste in the Premises only for or elsewhere in the purposes stated in Item 3 of the Basic Lease ProvisionsProject, all in accordance with applicable laws and restrictions and pursuant nor shall Tenant permit any odor, smoke, dust, gas, noise or vibration to approvals to be obtained by Tenant emanate from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do use or permit anything to be done in or about the use of the Premises which will for any purpose or in any way interfere with manner that would invalidate coverage or increase premiums for any insurance covering the rights of other occupants of Premises, the Building or the Project, ; or that would interfere with any other tenant’s use or allow occupancy of the Project. Tenant shall, at its sole cost and expense, comply with any and all reasonable requirements of Landlord’s and Tenant’s insurers. Tenant shall pay Landlord, as Additional Rent, any increases in insurance premiums resulting from any use of the Premises for any purpose other than the Permitted Use. Landlord acknowledges that subject to applicable Laws (as defined below) occupancy at the rate of one person per 135 rentable square feet of area is permissible and is not a violation of the Permitted Use; provided, however, that, if any Building systems (such as HVAC systems) are required to be used installed or upgraded due to such increased occupancy in order to achieve proper air ventilation (including air conditioning and air circulation for the comfortable occupancy of the Premises in accordance with the requirements of Paragraph 8.A(iii)), any such additional equipment or upgrades shall be deemed Supplemental Equipment and Tenant shall be solely responsible for the payment of all costs incurred in connection with the installation of or upgrade to such Building systems. Upon reasonable prior notice to Landlord and after coordinating with Landlord regarding availability, Tenant may use and access the loading dock of the Building and associated corridors in connection with Tenant’s use of the Premises.
B. Tenant shall, at Tenant’s expense, faithfully observe and comply with, and shall cause all Tenant Parties to so observe and comply with, (a) all laws, statutes, codes, rules, regulations, ordinances, requirements, guidelines and orders, now in force or hereafter promulgated or adopted, by any Governmental Authority (collectively, “Laws”) that are applicable to the particular use and occupancy of the Premises by Tenant, the conduct of Tenant’s business therein, and the use by Tenant or any Tenant Party of the Premises or any other portion of the Project; (b) all recorded covenants, conditions and restrictions affecting the Project, whether presently existing or subsequently recorded (collectively, “CC&Rs”) written notice and a copy of which is provided to Tenant; and (c) all current and future requirements of any applicable fire rating bureau or other body exercising similar functions (collectively, “Requirements”), in each case regardless of cost, the permanency of any required improvements to comply therewith and/or the ability of the parties hereto to contemplate the enactment of said Laws. Landlord shall not modify any presently existing CC&Rs or enter into new CC&Rs in any manner that would result in a material adverse effect or would result in a material impairment or loss of any of Tenant’s rights under or in the use or occupancy of the Premises by Tenant in accordance with this Lease. Tenant acknowledges and agrees that its obligation to comply with Laws includes compliance with all present or future programs intended to manage parking, transportation or traffic in and around the Project, and in connection therewith, Tenant shall take responsible action for the transportation planning and management of all Tenant’s employees at the Project by working directly with Landlord, Governmental Authorities, and any applicable transportation-related committees and entities.
C. Tenant shall be responsible, at its sole cost and expense, for the making of all alterations, additions and improvements to the Premises and/or to any Tenant Improvements, as are required to comply with applicable Laws, including, without limitation, Disability Access Laws, whether now in effect or enacted in the future and regardless of the scope of the work required to achieve such compliance, including without limitation, regardless of whether or not such Law was foreseeable, the period of time remaining in the Term, the relative benefits of compliance with such Law to Tenant or Landlord, and the relationship of the cost of compliance to the Rent payable under this Lease; provided, however, that Tenant shall not be required to make any structural changes to the Premises unless such changes are triggered by the Alterations or by Tenant’s specific use of the Premises for any unlawful purposepurpose other than the Permitted Use. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, nor regardless of whether Landlord is a party thereto, that Tenant has violated any Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant permit shall advise Landlord in writing, with copies of all notices and other correspondence, within ten (10) days following the date Tenant first has knowledge of any nuisance claim, action or commit investigation (whether oral or written, actual or threatened) by any waste in person or Governmental Authority, with respect to any real or alleged noncompliance by Landlord or Tenant with any Law relating to the Premises Premises, the Building or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the BuildingAs used herein, the Project and/or their contents, term “Disability Access Laws” shall mean and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated refers to the Premises or Tenant in accordance with building code requirements enacted by the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason State of Tenant’s failure California and the City and County of San Francisco governing accessibility and barrier removals applicable to comply with persons protected under the provisions Americans With Disabilities Act of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance1990 (42 U.S.C. § 12101 et seq.).
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or knowingly permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or knowingly permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Except to the extent that Landlord is expressly responsible therefor under the terms of this Lease, Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Notwithstanding the foregoing, to the extent that construction or rehabilitation is required in connection with the foregoing compliance, Landlord shall perform such construction or rehabilitation and the costs thereof, subject to the limitations on capital investments contained in Section 4.2(g), shall be considered as part of "Building Costs" (except to the extent that such compliance results from Tenant's use of the Premises that is unique to Tenant and different than a typical tenant of "flex tech" space [including, without limitation, ADA compliance by Tenant in connection with its business and employment practices in the Premises], in which event Tenant shall perform all required construction and/or rehabilitation at its sole cost and expense). Except to the extent that Landlord is expressly responsible therefor under the terms of this Lease, Tenant shall comply at its expense with with: (i) all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof, and (ii) with any amendments or modifications to such present covenants, conditions, easements or restrictions, or future covenants, conditions, easements or restrictions, which do not materially increase Tenant's obligations or materially decrease Tenant's rights hereunder. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant's obligation for compliance with all future and present laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities, and with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or the Project, results in a "capital" improvement on Tenant's part (or Tenant's being obligated to reimburse Landlord for a "capital" improvement), Tenant shall only be responsible for the amortized cost of such "capital" improvement (amortized at a market cost of funds as reasonably determined by Landlord) over the useful life of said improvement during the Term except in the event each obligation for capital improvement is required due to Tenant's particular use of the Premises (in which case Tenants shall be fully responsible for the entire cost and installation of each "capital" investment).
Appears in 1 contract
Use. The Leased Premises are leased to Tenant solely for the --- Permitted Use set forth in Article 1.9 above and for no other purpose whatsoever ----------- without Landlord's prior written consent, which may be withheld by Landlord in its sole and absolute discretion. Tenant shall not use or occupy or permit the Leased Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by used or occupied, nor shall Tenant from all relevant and required governmental agencies and authorities. The parties agree that do or permit anything to be done in or about the Leased Premises nor bring or keep anything therein which will in any contrary use shall be deemed to way increase the existing rate of or affect any casualty or other insurance on the Building, the Project or any of their respective contents other than the Permitted Use (unless Tenant pays such increase), or make void or voidable or cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to a cancellation of any other available remedy. Tenantinsurance policy covering the Building, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct Project or any part thereof or any of Tenant’s permitted use of the Premisestheir respective contents. Tenant shall not do or permit anything to be done in or about the Premises Leased Premises, the Building and/or the Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, Project or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises, the Building and/or the Project. In addition, Tenant shall not commit any waste in or upon the Premises or Leased Premises, the Building and/or the Project. Tenant shall not perform any work or conduct any business whatsoever in use the Leased Premises, the Building and/or the Project or permit anything to be done in or about the Leased Premises, the Building and/or the Project which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the requirements of any Board of Fire Underwriters or other than inside similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the Premisescondition, use or occupancy of the Project, excluding capital changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not do place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or permit other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to be done anything which will invalidate or increase the cost structure of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.
Appears in 1 contract
Sources: Office Lease (CBT Group PLC)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant Tenant's specific improvement or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises; conversely, should any such expenditure be required of any general office user of the Premises, then Landlord shall be responsible for making the necessary alterations of the Premises, subject to inclusion of the cost thereof in Operating Expenses. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials (as such materials may be identified in any federal, state or encumbering local law or regulation) in the Building and/or Project, and any amendments Premises or modifications thereto, including Project without limitation the payment prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any periodic disclosure form regarding hazardous or special dues or assessments charged against the Premises or Tenant which toxic materials that may be allocated to the Premises or Tenant in accordance with the provisions thereofrequired by any governmental agency. Tenant shall promptly also, from time to time upon demand reimburse request by Landlord, execute such affidavits concerning Tenant's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord for shall have the right at any additional insurance premium charged by reason time to perform an assessment of the environmental condition of the Premises and of Tenant’s failure 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the provisions requirements of this Section. In all events Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. Should any hazardous or toxic material be discovered in the Premises that was not introduced by Tenant, its employees, agents, contractors or subtenants, and should Landlord be legally required to remediate same, then Landlord shall be responsible for such remediation and shall indemnify Landlord from Tenant against any liability and/or expense resulting from Tenant’s noncompliancein connection therewith. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 of Section 1.01(e) hereof, and for no other purposes. Tenant shall not use or permit the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals Premises or any portion thereof to be obtained used for any purpose other than the Permitted Use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, solely by reason of any acts of Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use or its conduct of business, there shall be deemed any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premisespay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building Project or the Project, injure or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectannoy them. Tenant shall not perform permit any work nuisance in, on or conduct any business whatsoever in the Project other than inside about the Premises. Tenant shall not do commit or permit suffer to be done anything committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of, within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which will invalidate may now or increase hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the cost of any insurance policy(ies) covering the Buildingforegoing sentence, the Project and/or their contents, and Tenant shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain regulations pertaining to Tenant or its and governing such use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not by Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from remain liable for the costs of any liability and/or expense resulting from Tenant’s noncompliance.clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Home Interiors & Gifts, Inc. Granite Tower at The Centre, 8/17/1999
Appears in 1 contract
Use. Tenant The Demised Premises are hereby leased to the Lessee upon the express condition that the Lessee shall use the said Demised Premises only for the purposes stated in Item 3 warehousing and distribution of the Basic Lease Provisionscomputer and office supplies, all including but not limited to, toner and ink-jet cartridges, fax supplies and diskettes; related office uses ("Lessee's Intended Use"), and any other lawful purpose related to Lessee's business activities, provided same is in accordance with the zoning ordinance of the Town of Bethlehem and other applicable laws federal, state and restrictions local laws. Lessor represents that Lessee's Intended Use of the Demised Premises (including any expansion of the Demised Premises as provided under Paragraph 5 of this Lease) is permitted under Chapter 128of the Town of Bethlehem Ordinance, entitled "Zoning" as of the date of the execution and pursuant delivery of this Lease. All uses to approvals which the Demised Premises shall be put by the Lessee shall conform to the requirements of any and all local laws, ordinances, rules or regulations adopted or enacted by the municipality having jurisdiction over the Demised Premises and shall also conform to any special use permit or certificate of occupancy or other permit of any kind issued or required to be obtained issued by Tenant from any governmental authority having such jurisdiction over the Demised Premises and shall not be put to any such use by the Lessee until all relevant governmental rules and regulations relative to or affecting such use have been complied with and all governmental permits required governmental agencies and authoritiesas a condition precedent to such use shall have been obtained. The parties agree that Lessee shall not use or permit the use of such Demised Premises or part thereof for any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to immoral or any other available remedypurpose prohibited by law or which will increase the rate of insurance upon the Demised Premises or cause a cancellation of any insurance policy covering the Demised Premises or any part thereof. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant The Lessee shall not do or permit suffer anything to be done in upon said Demised Premises which will cause structural injury to said Demised Premises of which the same form a part, nor shall it cause said Demised Premises to be overloaded, nor shall it permit any machinery, apparatus or about the other appliance to be used or operated upon said Demised Premises which will in any way interfere with the rights of other occupants of the Building vibrate, shake or the Project, or use or allow the Premises to be used for any unlawful purposeotherwise injure said Demised Premises, nor shall Tenant the Lessee permit any nuisance noisemaking device to be operated or commit any waste in allowed upon said Demised Premises for the Premises purpose of attracting trade or the Projectotherwise. Tenant The Lessee shall not perform permit any work or conduct use to be made of the Demised Premises which will in any business whatsoever in way impair the Project other than inside efficient operation of the sprinkler within the Demised Premises. Tenant shall not do In addition to the Lessee's liability for Additional Rent in respect of insurance premium rate increases as provided in Paragraph 7 hereof, if any act on the part of the Lessee or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether Demised Premises by the Lessee shall cause directly or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment indirectly any increase of the PremisesLessor's insurance expense, such additional expense shall be paid by the Lessee to the Lessor upon demand as Additional Rent. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the No such payment by Tenant the Lessee shall limit the Lessor in the exercise of any periodic other rights or special dues remedies or assessments charged against constitute a waiver of the Premises Lessor's right to require the Lessee to discontinue such act or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceuse.
Appears in 1 contract
Sources: Lease Agreement (Daisytek International Corporation /De/)
Use. (a) Tenant shall use the Premises only for the purposes stated in Item 3 Permitted Use and any other purpose which complies with the Legal Requirements and the Permitted Exceptions.
(b) During the Term, but subject to Landlord’s obligations under Section 12(d), Section 14 and Exhibit B, Tenant shall, at Tenant's sole cost and expense, comply with all Legal Requirements and the Permitted Exceptions relating to the use, condition or occupancy of the Basic Lease ProvisionsPremises (including, without limitation, the ADA), all Legal Requirements applicable to Tenant’s business and operations in accordance with applicable laws the Premises and restrictions all orders and pursuant to approvals to be obtained requirements imposed by any health officer, fire marshal, building inspector or other Governmental Authority).
(c) Without limiting the foregoing or Landlord’s repair and replacement obligations under this Lease, for so long as Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use leases the entire Building, Tenant shall be deemed solely responsible for compliance with all Legal Requirements with respect to cause material Tenant’s use of all areas within the Building and irreparable harm Parking Garage, provided that Landlord delivers the Base Building Improvements to Landlord and Tenant in full compliance, as of the Commencement Date, with all then applicable Legal Requirements (failing which, any such costs shall entitle be paid solely by Landlord to injunctive relief in addition to the extent not payable from any other available remedy. Tenantremaining portion of the Improvement Allowance).
(d) Landlord, at its cost and expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all Legal Requirements applicable insurance underwriters rules. to the construction of the Base Building Improvements.
(e) Tenant may, at Tenant’s cost and on Landlord’s behalf, exercise and enforce the rights of the owner of the Premises under any Permitted Exceptions; provided, however, that Tenant shall comply have no obligation to enforce the terms of any such Permitted Exceptions. Furthermore, Landlord shall reasonably cooperate with Tenant, at its expense no out-of-pocket cost to Landlord, in connection with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use the enforcement of the Premises, including without limitation all federal and state occupational health and safety requirements, whether terms of any Permitted Exceptions or not in connection with Tenant’s compliance will necessitate expenditures efforts to obtain any approvals or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment consents desired by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to required or advisable under the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for terms of any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancePermitted Exceptions.
Appears in 1 contract
Use. (a) Tenant shall use the Premises only for general offices, including software engineering development and support, marketing, and shall not use or permit the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals Premises to be obtained by Tenant from all relevant and required governmental agencies and authoritiesused for any other purpose without the prior written consent of Landlord. The parties agree that any contrary use Nothing contained herein shall be deemed to cause material and irreparable harm give Tenant any exclusive right to Landlord and such use in the Building. Tenant shall entitle Landlord to injunctive relief not use or occupy the Premises in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout violation of law or the Term, all governmental approvals, licenses and permits required certificate of occupancy issued for the proper Building, and lawful conduct of Tenant’s permitted shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any! governmental authority having jurisdiction to be a violation of law or of the certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which. shall, by reason of the nature of Tenants use or occupancy of the Premises, pose a duty upon Tenant or Landlord With respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property is located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other occupants tenants of the Building Building, or the Projectinjure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance nuisances in, on or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside about the Premises. Tenant shall not do commit or permit suffer to be done anything which will invalidate committed any waste in or increase upon the cost Premises.
(b) Tenant shall not use, store or dispose of any insurance policy(ies) covering hazardous, toxic or radioactive materials or substances, including those materials identified as hazardous pursuant to Article II of Title 22 of the BuildingCalifornia Code of Regulations, Division 4, Chapter 20, as they may be amended from time to time ("Hazardous Materials"), in, on or about the Project and/or their contentsPremises or the Building without the prior written co sent of Landlord. If Landlord consents to Tenant's use of any Hazardous Materials in or on the Premises, and Tenant shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present federal state and future local laws, statutes, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated regulations relating to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason use, storage and disposal of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceHazardous Materials.
Appears in 1 contract
Sources: Office Building Lease (Xacct Technologies 1997 LTD)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises; provided, however, that should a capital expenditure be required to effect compliance with any such legal requirement, then such expenditure shall be the responsibility of Landlord (subject to inclusion in Building Costs pursuant to Section 4.2) if and only if the requirement applies to office users generally and not to Tenant's specific use of the Premises. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials (as such materials may be identified in any federal, state or encumbering local law or regulation) in the Building and/or Project, and any amendments Premises or modifications thereto, including Project without limitation the payment prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any periodic disclosure form regarding hazardous or special dues or assessments charged against the Premises or Tenant which toxic materials that may be allocated required by any governmental agency, provided such disclosure form either relates to the Premises materials introduced by Tenant or Tenant in accordance with the provisions thereofis otherwise required to be completed by a tenant rather than a landlord. Tenant shall promptly also, from time to time upon demand reimburse request by Landlord, execute such affidavits concerning Tenant's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord for shall have the right at any additional insurance premium charged by reason time to perform an assessment of the environmental condition of the Premises and of Tenant’s failure 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests (including physically invasive tests), provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. Landlord shall have no liability to Tenant with respect to the results of any such assessments, inspections or tests. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the provisions requirements of this Section, and in that event Tenant shall accept custody and arrange for the disposal of any hazardous materials found in the test samples. In all events, Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any liability and/or expense resulting from release of hazardous or toxic materials caused by Tenant’s noncompliance., its agents, employees, contractors, subtenants or licensees. Landlord represents that to the best of
Appears in 1 contract
Use. Tenant shall use agrees, from the Premises only for Commencement Date to the purposes stated in Item 3 end of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, to use and occupy the Premises for general office, research and development, laboratory and manufacturing or other purposes permitted by federal, state and local laws and ordinances. Tenant agrees not to injure, overload or deface the Premises, nor to permit on the Premises any auction sale. Tenant shall comply with all governmental approvals, licenses requirements of public authorities and permits required for the proper and lawful conduct of Tenant’s permitted use of the PremisesBoard of Fire Underwriters in connection with methods of storage, use and disposal. Tenant shall not do permit in the Premises any nuisance, or the emission from the Premises of any objectionable noise, odor or vibration, nor use or devote the Premises or any part thereof for any purpose which is contrary-to law or ordinance or liable to invalidate or increase premiums for any insurance on the Building or its contents or liable to render necessary any unpermitted alteration or addition to the Building, nor commit or. permit any waste in or with respect to the Premises, nor generate, store or dispose of any oil, toxic substances, hazardous wastes, or hazardous materials (each a "Hazardous Material"), or permit anything to be done the same in or about on the Premises which will provided for under this Lease, except in compliance with-applicable law. Tenant shall not dump, flush or in any way interfere introduce any Hazardous Material into septic, sewage or other waste disposal systems serving the Premises provided for under this Lease. Tenant shall permit Landlord to enter the Premises for the purpose of testing and to determine Tenant's compliance with the rights covenants herein contained, each such entry shall be made in accordance with Section 4.5 above. Tenant will indemnify the Landlord and its successors and assigns against all claims, loss, cost, and expenses, including, without limitation, attorneys' fees, incurred as a result of other occupants any contamination of the Building or any portion of the ProjectLand with Hazardous Materials by the Tenant or Tenant's contractors, licensees, invitees, agents, servants or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsemployees, and this indemnity shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use survive the expiration of the Premises, including without limitation all federal and state occupational health and safety requirements, whether Term or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions other termination of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceLease.
Appears in 1 contract
Use. Tenant shall use 10.01 The “Permitted Use” of the Demised Premises only for the purposes stated specified in Item 3 of the Basic Lease Provisions, all Article 1 hereof shall not in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall event be deemed to cause material include, and irreparable harm to Landlord and Tenant shall entitle Landlord to injunctive relief not use, or permit the use of, the Demised Premises or any part thereof for:
(a) sale of, or traffic in, any spirituous liquors, wines, ale or beer kept in addition to the Demised Premises;
(b) sale at retail of any other available remedyproducts or materials kept in the Demised Premises, by vending machines or otherwise, or demonstrations to the public, except as may be specifically agreed to by Landlord in writing;
(c) manufacturing, printing or electronic data processing, except for the operation of normal business office reproducing and printing equipment, business machines and electronic data processing equipment incidental to the conduct of Tenant’s business and for Tenant’s own requirements at the Demised Premises, provided that such use shall not exceed that portion of the mechanical or electrical capabilities of the Building equipment allocable to the Demised Premises;
(d) the rendition of medical, dental or other diagnostic or therapeutic services;
(e) the conduct of a public auction of any kind;
(f) the conduct of a commercial, retail or consumer banking, trust company, savings bank, safe deposit, savings and loan association or loan company business which results in the presence of material numbers of the general public within the Demised Premises;
(g) the issuance and sale of traveler’s checks, foreign drafts, letters of credit, foreign exchange or domestic money orders (except as incidentally required in conduct of Tenant’s normal business activity);
(h) the receipt of money for transmission (except as is incidentally required in conduct of Tenant’s normal business activity); or
(i) a restaurant, bar, or the sale of confectionery, tobacco, newspapers, magazines, soda, beverages, sandwiches, ice cream, baked goods or similar items, or the preparation, dispensing or consumption of food and beverages in any manner whatsoever.
10.02 Tenant shall not suffer or permit the Demised Premises or any part thereof to be used in any manner, or anything to be done therein, or suffer or permit anything to be brought into or kept therein, which would in any way (i) violate any of the provisions of any grant, lease or mortgage to which this Lease is subordinate, (ii) violate any laws or requirements of public authorities, (iii) make void or voidable any fire or liability insurance policy then in force with respect to the Building, (iv) make unobtainable from reputable insurance companies authorized to do business in New Jersey at standard rates any fire insurance with extended coverage, or liability, elevator or boiler or other insurance required to be furnished by Landlord under the terms of any lease or mortgage to which this Lease is subordinate, (v) cause or in Landlord’s opinion be likely to cause physical damage to the Building or any part thereof, (vi) constitute a public or private nuisance, (vii) impair, in the reasonable opinion of the Landlord, the appearance, character or reputation of the Building, (viii) discharge objectionable fumes, vapors or odors into the Building air conditioning system or into Building flues or vents not designed to receive them or otherwise in such manner as may unreasonably offend other occupants, (ix) impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the Demised Premises or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion annoyance or inconvenience to, Landlord or any of the other tenants or occupants of the Building, or (x) cause Tenant to default in any of its other obligations under this Lease. TenantThe provisions of this Section, at its expenseand the application thereof, shall procurenot be deemed to be limited in any way to or by the provisions of any of the following Sections of this Article or any of the Rules and Regulations referred to in Article 20 or Exhibit B attached hereto, maintain and make available except as may therein be expressly otherwise provided. Landlord acknowledges that Tenant’s Use does not violate this Section 10.02.
10.03 If any governmental license or permit, other than a Certificate of occupancy for Landlord’s inspection throughout the TermBuilding, all governmental approvals, licenses and permits shall be required for the proper and lawful conduct of Tenant’s permitted use of business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, then Tenant, at its expense, shall duly procure and thereafter maintain such license or permit, but in no event shall failure to procure and maintain same by Tenant affect Tenant’s obligations hereunder. Tenant shall not at any time use or occupy or suffer or permit anyone to use or occupy the Demised Premises, or do or permit anything to be done in or about the Premises which will Demised Premises, in any way interfere with the rights of other occupants violation of the Building or Certificate of Occupancy for the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Demised Premises or for the Project. Building.
10.04 Tenant shall not perform place a load upon any work floor of the Demised Premises exceeding the floor load per square foot which such floor was designed to carry and which is allowed by certificate, rule, regulation, permit or conduct any business whatsoever in law. Landlord reserves the Project other than inside right to prescribe the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, weight and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements position of all governmental authorities that pertain to Tenant or its use of the Premisessafes and vaults which must be placed by Tenant, including without limitation all federal and state occupational health and safety requirements, whether or not at Tenant’s compliance will necessitate expenditures or interfere with its use expense. Business machines and enjoyment of the Premises. Tenant mechanical equipment shall comply be positioned and maintained by Tenant, at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure expense, in such manner as shall be sufficient in Landlord’s judgment to comply with the provisions of this Sectionabsorb and prevent vibration, noise and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceannoyance.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function (to the extent such rules and regulations are provided to Tenant). Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof, and any amendments or modifications thereto which do not materially derogate the rights of Tenant or materially increase the obligations of Tenant hereunder. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.
Appears in 1 contract
Sources: Industrial Lease (Discovery Partners International Inc)
Use. The Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Premises with appurtenances as defined herein, for the purpose of conducting thereon only the use specified in Section
1. 5 of this Lease and no other use or purpose. Tenant shall not modify its use from the foregoing use without Landlord’s and City’s prior written consent, which may be withheld in Landlord and City’s sole discretion. Tenant shall not commit, or suffer to be committed, any waste upon the Premises, or any nuisance. Tenant’s rights under this Agreement are subject to all covenants, restrictions, easements, agreements, reservations and encumbrances upon, and all other conditions of title to the Premises. Tenant’s rights under this Agreement are subject to all present and future building restrictions, regulations, zoning laws, ordinances, resolutions and orders of any local, state or federal agency, now or hereafter having jurisdiction over the Premises only for or the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about may use the Premises which will in any way interfere with only for constructing, installing, operating, maintaining, and repairing the rights of Improvements and no other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectuse. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall must at all times comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present federal, state and future local laws, ordinances, restrictionsrules and regulations which are applicable to its operations and the Premises, regulationsincluding all laws, ordersordinances, rules and requirements regulations adopted after the Effective Date. Tenant must display to the City and Landlord, upon request, any permits, licenses or other evidence of compliance with all laws. Except for the Digital Billboard and the Static Signs, Tenant shall not install any signs in the Premises other than required safety warning signs or any other signs as are requested or approved by the City, and Tenant bears all costs pertaining to the erection, installation, maintenance, and removal of all governmental authorities signs. Tenant must at all times use its commercially reasonable best efforts to minimize any impact that pertain to Tenant or its use of the PremisesPremises will have on uses of the Adjacent Project. Tenant will not install, including without limitation all federal and state occupational health and safety requirementsoperate or allow its agents, whether employees, or not Tenant’s compliance will necessitate expenditures contractors to use any equipment, methodology or technology that may interfere with its the optimum effective use and enjoyment or operation of the PremisesCity's fire, emergency or other communication equipment, methodology or technology (e.g., voice or other data receiving and/or transmitting equipment) that is presently in use or may be in use in the future. If such interference does occur, the Tenant must immediately discontinue using the equipment, methodology or technology that causes the interference until corrective measures are taken which must be made at no cost to the City. Tenant shall comply and City will use their best reasonable efforts to resolve immediately any interference problems, but if an interference problem is unavoidable, the City's right to use the City's fire, emergency, or other communication equipment remains paramount to any use of the Premises by the Tenant and Tenant has the right to terminate this Agreement without penalty and without any cost to the City. Tenant, at its expense own expense, will use commercially reasonable efforts to minimize the collateral visual and aesthetic impacts of the Digital Billboard, which will include, but not be limited to, replacing existing equipment with smaller equipment, decreasing the area used to house supporting equipment, or decreasing the size of any wireless communications equipment. Tenant must, at its own cost, obtain and maintain in full force and effect during the term of this Agreement all present licenses and future covenantspermits required for all activities authorized by this Agreement. Tenant must at all times have on-call an active, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectqualified, and any amendments or modifications theretoexperienced representative to supervise the Digital Billboard, including without limitation and who is authorized to act for the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance matters pertaining to all emergencies and the day-to-day operation of the Digital Billboard. Tenant will provide the Landlord and City with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Sectionnames, addresses, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance24-hour telephone numbers of all such persons in writing.
Appears in 1 contract
Use. Tenant (a) Lessee shall have the right to use the Premises only for the purposes stated any lawful purpose; provided, however, in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use no event shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, purpose or use (nor shall Tenant permit any activity be carried on upon the Premises) which in any manner causes, creates or results in a nuisance or commit any waste in violates the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost terms of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant instrument or its use of obligation affecting the Premises, including without limitation all federal any deed of trust, mortgage or other security interest now or hereafter constituting a lien or encumbrance on the Premises, and state occupational health provided further that Lessor shall have the right, in its sole discretion, to disapprove any change in use which reduces the value of either the Premises or the Improvements, as~those values may be determined separately, or any use involving the use and/or storage of hazardous, toxic or radioactive materials (collectively, "Hazardous Materials") except in a manner which is incidental to and safety requirements, whether necessary for the operation of a use which is otherwise permitted hereunder.
(b) Lessee shall not bring onto the Premises any Hazardous Materials not reasonably required for or not Tenant’s compliance will necessitate expenditures incident to the normal operations of the Hotel or interfere with its any other permitted use and enjoyment shall strictly comply with all statutes, laws, ordinances, rules, regulations and precautions now or hereafter mandated by any federal, state, local or other governmental agency with respect to the use, generation, storage or disposal of Hazardous Materials and hereby agrees to indemnify, defend and hold Lessor harmless from and against all claims, liabilities, losses, damage or cost arising out of the use, generation, storage or disposal of Hazardous Materials by Lessee or any person claiming through or under Lessee (other than any acts or omissions of A & N Management Group, Inc. ("A & N") for which Lessee has no duty to indemnify A & N under the terms of the Management Agreement). Lessor represents and warrants to Lessee that, to the best of Lessor's knowledge, the Premises are presently in full compliance with all environmental laws, ordinances, rules and regulations and there are no Hazardous Materials on the Premises other than those used in the normal operations of a hotel. Lessee acknowledges that it has been advised by Lessor that Lessor has conducted no soils or other tests for the presence of Hazardous Materials on the Premises. Tenant shall comply at its expense with Lessor hereby agrees to indemnify, defend and hold Lessee harmless from and against all present and future covenantsclaims, conditionsliabilities, easements losses, damage or restrictions now cost arising out of the use, generation, storage, disposal or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant presence of any periodic or special dues or assessments charged against Hazardous Materials on the Premises or Tenant which may be allocated attributable to any period prior to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions commencement of this Section, and Lease. The indemnities contained in this paragraph 7 shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancesurvive the termination of this Lease.
Appears in 1 contract
Use. Tenant The Premises shall use the Premises be used only for the purposes stated Permitted Uses set forth in Item 3 of --- the Basic Lease Provisions, all in accordance with applicable laws Information and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any for no other available remedyuses. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted 's use of the PremisesPremises shall be in compliance with and subject to all applicable governmental laws, ordinances, statutes, orders and regulations and any CC&R's or any supplement thereto recorded in any official or public records with respect to the Project or any portion thereof. In no event shall the Premises be used for any of the Prohibited Uses set forth on Exhibit E attached hereto. Tenant shall comply with --------- the reasonable rules and regulations as Landlord may from time to time prescribe. Tenant shall not do commit waste, overload the floors or permit anything to be done in or about structure of the Premises, subject the Premises or the Project to any use which will in would damage the same or increase the risk of loss or violate any way interfere with insurance coverage, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the rights of Premises, take any action which would constitute a nuisance or would disturb, obstruct or endanger any other occupants tenants of the Building or the Project, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Tenant shall have the right to use for its employees and invitees, nor the parking areas on the Premises. Landlord shall not be responsible for non-compliance by any other tenant or occupant of the Project with, or Landlord's failure to enforce, any of the rules or regulations or any other terms or provisions of such tenant's or occupant's lease. Tenant permit shall promptly comply with the reasonable requirements of any nuisance board of fire insurance underwriters or commit other similar body now or hereafter constituted. Tenant shall not do any waste act which shall in any way encumber the title of Landlord in and to the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.
Appears in 1 contract
Sources: Single Tenant Industrial Lease (Mohawk Industries Inc)
Use. Tenant shall agrees that it will continuously during the Term use ---- the Premises only for the purposes stated in Item 3 of the Basic Lease Provisionsgeneral office purposes, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any for no other available remedybusiness or purpose. Tenant, at its sole cost and expense, shall procurepromptly comply with all local, maintain state or federal laws, statutes, ordinances and make available governmental rules, regulations or requirements now in force or which may hereinafter be in force, including, without limitation, the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq. and any governmental regulations relating thereto (the "ADA"), including any required alterations for Landlord’s inspection throughout purposes of "public accommodations" under such statute, provided, however, Landlord agrees to remedy any violations of the Term, all governmental approvals, licenses and permits required for ADA existing within the proper and lawful conduct Premises as of the Commencement Date or existing within the common areas of the Building to the extent such violation does not result from Tenant’s permitted 's particular use of the PremisesPremises or any acts or omissions by Tenant. Tenant shall not do use or permit anything the Premises to be done used in any manner nor do any act which would increase the existing rate of insurance on the Building or cause the cancellation of any insurance policy covering the Building, nor shall Tenant 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 policy, unless Tenant obtains an endorsement to the policy allowing such activity. Tenant shall not during the Term (i) commit or allow to be committed any waste upon the Premises, or any public or private nuisance in or around the Building or the Property, (ii) allow any sale by auction upon the Premises, (iii) place any loads upon the floor, walls, or ceiling of the Premises which endanger the Building, (iv) use any apparatus, machinery or device in or about the Premises which will cause any substantial noise or vibration or in any way manner damage the Building, (v) place any harmful liquids in the drainage system or in the soils surrounding the Building, or (vi) disturb or unreasonably interfere with the rights of other occupants tenants of the Building Building. If any of Tenant's office machines or equipment disturbs the Projectquiet enjoyment of any other tenant in the Building, then Tenant shall provide adequate insulation, or use or allow take such other action as may be necessary to eliminate the Premises disturbance, all at Tenant's sole cost and expense. Landlord confirms that, to be used for any unlawful purposeLandlord's actual knowledge, nor shall Tenant permit any nuisance or commit any waste in Landlord has received no written notice of violation at the Premises or Building of the ProjectADA. Tenant shall not perform any work or conduct any business whatsoever in If, pursuant to the Project other than inside terms hereof, Landlord is obligated to remedy a violation of the Premises. Tenant shall not do or permit to be done anything which ADA, Landlord will invalidate or increase pay the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with extent the provisions thereofviolation existed prior to the Commencement Date (unless the need for such compliance is due to a new interpretation of existing law). Tenant Otherwise, such compliance costs shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason be amortized and included within Operating Costs pursuant to the terms of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceSection 5.e(3)(x).
Appears in 1 contract
Use. Tenant 5.01 The Demised Premises shall be used and occupied by Lessee solely for office/R&D/warehouse and for no other or additional purpose without the prior written consent of Lessor.
5.02 The Lessee shall not use the Demised Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals or permit anything to be obtained done in or about the Demised Premises which is prohibited by Tenant from all relevant and required or will in any way conflict with any law, statute, ordinance or governmental agencies and authoritiesrule or regulation now in force or which may hereafter be in force, or which is prohibited by the standard form of fire insurance policy, or will in any way increase the existing rate of any fire or other insurance covering the Industrial Center or any of its contents, or cause any change or cancellation of such insurance. The parties agree judgment of any court of competent jurisdiction or the admission of Lessee in any action against Lessee, whether Lessor be a party thereto or not, that Lessee has violated any contrary use law, statute, ordinance or governmental rule, regulation or requirement, shall be deemed to cause material conclusive of that fact as between Lessor and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedyLessee. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant Lessee shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other occupants of tenants in the Building Industrial Center, or the Projectinjure or annoy them, or use or allow the Demised Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant Lessee cause, maintain or permit any nuisance in, on or about the Demised Premises or commit or suffer to be committed any waste in, on or about the Demised Premises.
5.03 Lessee shall strictly comply with all statutes, laws, ordinances, rules, regulations, and precautions now or hereafter mandated or advised by any federal, state, local or other governmental agency with respect to the use, generation, storage, or disposal of hazardous, toxic, or radioactive materials (collectively, "Hazardous Materials"). Such statutes, laws, ordinances, rules, regulations, and all regulations adopted pursuant to them: Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et seq., the Superfund Amendments and Reauthorization Act., 42 U.S.C. Sections 1101 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Sections 1801 et seq., the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Sections 136 et seq., the Occupational Safety and Health Act, 29 U.S.C. sections 651 et seq., the Hazard Communication Standard, 29 C.F.R. section 1910.1200, the Hazardous Substance Account, Cal. Health & Safety Code Sections 25300 et seq., (including new Section 25359.7, effective 1/1/88), the Hazardous Waste-Control Law, Cal. Health & Safety Code Sections 25100 et seq., the Hazardous Materials release Response Plans and Inventory, Cal. Health & Safety Code Sections 25500 et seq., (including new Section 25503.6 effective 2/19/88), the Safe Drinking Water and Toxic Enforcement Act, Cal. Health & Safety Code Section 25249.5 et seq., the C&I. Food & Agriculture Code Section 11401 et seq., and the California Occupational safety & Health Act, Cal. Labor Code Section 6300 et seq. As herein used, Hazardous materials shall include, but not be limited to, those materials identified in Title 22 of the California code of Regulations Sections 66680 through 66685, Title 8 of the California Code of Regulations Section 339, those materials listed pursuant to the Safe Drinking Water and Toxic Enforcement Act, Ca. Health & Safety Code Section 25249.8, and those substances defined as "hazardous wastes," or other similar designations in the Comprehensive Environmental response, Compensation and Liability Act of 1980, and amended 42 U.S.C. Sections 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Sections 1801 et seq., and any other governmental statutes, laws, ordinances, rules, regulations, and precautions. Except for products used in typical office operations, such as cleaning materials and office machine supplies, Lessee shall not cause, or authorize anyone else to cause, any Hazardous Materials to be used, generated, stored, or disposed of on or about the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever Building without the prior written consent of Lessor, which consent may be withheld in the Project sole discretion of Lessor. Furthermore, Lessee shall notify Lessor in writing of any release, spill, use, generation, storage, or disposal of Hazardous Materials on or about the Premises or Building. If Hazardous Materials are used, generated, stored, or disposed of, Lessee shall provide Lessor with a copy of all permits, reports, inventories and business plans filed with any federal, state, local, or other than inside governmental agency pursuant to any statutes, laws, ordinances, rules or regulations. Furthermore, Lessee shall notify Lessor in writing if Lessee is subject to reporting requirements under particular statutes or regulations, and shall also notify Lessor in writing that Lessee has complied with all reporting requirements. Lessee shall indemnify and hold Lessor harmless from liability, including all fines and penalties, and all reasonably foreseeable consequential damages, directly or indirectly arising out of the Premises. Tenant shall not do use, generation, storage, or permit to be done anything which will invalidate disposal of Hazardous Materials on or increase about the Premises by Lessee or any agent, employee, customer, vendor or invitee of Lessee, including, without limitation, the cost of any insurance policy(ies) covering required or necessary repair, cleanup or detoxification and the Buildingpreparation of any closure or other required plans, whether such action is required or necessary prior to or following the Project and/or their contentstermination of this Lease, and shall comply to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Lessee or any agent, employee, customer, vendor or invitee of Lessee. Neither the written consent by Lessor to the use, generation, storage, or disposal of Hazardous Materials nor the strict compliance by Lessee with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future statutes, laws, ordinances, restrictionsrules, regulations, orders, rules and requirements of all governmental authorities that pertain precautions pertaining to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant Hazardous Materials shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated excuse Lessee from Lessee's obligation to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure indemnification pursuant to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancesubsection.
Appears in 1 contract
Use. (a) Tenant shall have twenty-four (24) hours per day, seven (7) days per week access to its Premises, the Building and the parking area, subject to restricted access due to Force Majeure, necessary for repairs or emergency conditions, or arising due to Legal Requirements. Tenant shall use the Premises only solely for the purposes stated Permitted Use set forth in Item 3 of the Basic Lease Provisions, and in compliance with all in accordance with applicable laws present and future laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions of all state, federal, municipal and local governments, departments, commissions and boards and any direction of any public officer pursuant to approvals to be obtained by Tenant from law, and all relevant orders, rules and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use regulations of the PremisesNew York Board of Fire Underwriters, Insurance Services Office, or any similar body, in each case, applicable to the Premises and the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall not do occupy, use or operate the Premises, or allow the Premises or any part thereof to be occupied, used or operated for any unlawful purpose or in violation of any certificate of occupancy affecting the Building and/or the Project or for any use that may constitute a nuisance, public or private. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in to any way use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Building or the Project, including, without limitation, conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises.
(b) Subject to the terms hereof, immediately following Tenant’s discovery of any violation or breach of any Legal Requirement in the Premises, or by Tenant in the Common Areas, or under this Lease or any Superior Instrument, Tenant shall take all reasonably necessary steps, legal and equitable, to effect or compel the cure of such violation or breach, including, if necessary, the payment of any associated taxes, fines, charges, assessments or fees, and the removal from the Premises of any subtenants or licensees using a portion of the Premises. Notwithstanding the foregoing, if any Tax, fee, charge or assessment is levied against Landlord or Landlord’s property that is attributable to Tenant’s failure to comply with any Legal Requirement, then Landlord shall have the right, but not the obligation, to pay such Tax, fee, charge or assessment. The amount of any such payment by Landlord shall constitute Additional Rent due from Tenant to Landlord [***].
(c) Tenant will not use or allow permit the Premises to be used for any unlawful purposepurpose or in any manner that is prohibited under the Ground Lease (as defined in Section 27) or that would void Tenant’s, nor shall Tenant permit any nuisance or commit any waste in the Premises Landlord’s or the Project. Condominium Board’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits.
(d) Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord or the Condominium Board, as applicable, [***] following demand for any additional insurance premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this SectionSection 7 or otherwise caused by ▇▇▇▇▇▇’s particular manner of use and/or occupancy of the Premises.
(e) Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent odors, sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing five hundred (500) pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Landlord reserves the right to prescribe the weight and position of all safes, files, paper and book storage facilities, business machines and other heavy equipment and installations located within the Premises.
(f) Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use, nor shall Tenant use the Premises in a manner that results in transmissions from the Premises at a frequency which interferes with any other tenant’s use of any portion of the Building or the Project other than the Premises.
(g) Tenant shall not use the Premises or any part thereof, or permit the Premises or any part thereof to be used for the preparation, dispensing, consumption or sale of food or beverages in any manner whatsoever, whether for “on” or “off” premises consumption (other than the consumption of food by employees and invitees of Tenant). Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA). Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify indemnify, defend, hold and save Landlord harmless from and against any liability and/or expense resulting from Tenant’s noncomplianceand all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.
Appears in 1 contract
Use. Tenant (a) Lessee shall use and operate the Premises only for throughout the purposes stated in Item 3 Term as a minimum or medium security correctional facility. Lessee and Lessor shall comply with Sec. 511.0092 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and Government Code at Lessee's sole expense pursuant to approvals Texas law and the rules and standards promulgated or adopted by the Texas Commission on Jail Standards. Lessor shall provide Lessee with sufficient spaces to be obtained by Tenant from all relevant and required meet its governmental agencies and authorities. The parties agree that any contrary use shall be deemed obligations to cause material and irreparable harm to Landlord maintain a County jail and shall entitle Landlord provide the Sheriff of Lessee with sufficient access to injunctive relief in addition such space to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant carry out his duties as imposed by state law.
(b) Lessee shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way interfere with the rights caus cancellation of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in insurance policy covering the Premises or the Project. Tenant any part thereof.
(c) Except as provided in this Lease, or as required by law, Lessor or its successors or assigns shall not perform any work in no way have responsibility for, interfere or conduct any business whatsoever in the Project other than inside oversee Lessee's operations on the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies.
(d) covering the Building, the Project and/or their contents, and Lessee shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated Governmental Requirements applicable to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this SectionPremises, and shall indemnify Landlord from promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances, hazards and other conditions or activities in or upon, or connected with the Premises, all at Lessee's sole cost, risk and expense, including any liability and/or expense or cost resulting from Tenant’s noncompliancethe compliance wit improvements for handicapped or disabled persons or any other costs, fees or expenses mandated by Governmental Requirements.
(e) Lessee shall pay the cost of all utility services, including but not limited to, all charges for gas, water, sewerage, storm water disposal, trash disposal, communications and electricity used on the Premises and in the Sheriff's Offices.
(f) Upon 24 hours notice, Lessor and its authorized agents shall have the reasonable right, during normal business hours, to enter the Premises, at a time set by the Warden, (a) to inspect the general condition and state of repair thereof, (b) to make repairs required or permitted under this Lease, or (c) for any other reasonable purpose. In the event of an emergency, Lessor may enter the Premises at any time.
Appears in 1 contract
Use. The Premises shall be used and occupied for general business office and administrative purposes, manufacturing and warehousing, research and development and for other legal related uses incidental to the operation of a medical instrumentation company, and for no other use or purpose. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, comply with all in accordance with applicable laws present and restrictions and pursuant future Laws relating to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use or occupancy of the Premises, except that repairs or alterations required to comply with Laws generally applicable to the condition of the Premises for use as office space, and not required or caused by Tenant’s particular use or activities or by any Alterations made or proposed by Tenant, shall be made by Landlord (and the cost thereof shall be included in or excluded from Operating Costs as provided in Section 3.2(a)(3) above), and shall observe the “Building Rules” (as defined in Section 27 - Rules and Regulations). Tenant shall not do do, bring, keep or permit sell anything to be done in or about the Premises which that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not permit the Premises to be occupied or used in any way interfere manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in the Project. Without limiting the foregoing, the Premises shall not be used to manufacture goods or products, for educational activities, practice of medicine or any of the healing arts, providing social services, for any governmental use (including embassy or consulate use), or for personnel agency, customer service office, studios for radio, television or other media, travel agency or reservation center operations or uses. Notwithstanding the foregoing, Tenant (including its Affiliates) shall have the right to use from time to time a portion of the Premises for training sessions for Tenant’s employees, and customers so long as the number of people attending such training at any given time comply with the rights parking limitations contained in Section 35 of other occupants this Lease. Tenant shall not, without the prior consent of Landlord, bring into the Building or the ProjectPremises anything that may cause substantial noise, odor or use or allow vibration, overload the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste floors in the Premises or the ProjectBuilding or any of the heating, ventilating and air-conditioning (“HVAC”), mechanical, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any part thereof; (ii) connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated capacity of the circuit. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, honor and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions terms of this Sectionall recorded covenants, conditions and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancerestrictions relating to the Property.
Appears in 1 contract
Use. Tenant shall not use or occupy or permit the Premises only to be used or occupied for any purpose other than for the purposes stated in Item 3 of the Basic Lease ProvisionsPermitted Use, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises by Tenant's Occupants which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or may (a) increase the cost existing rate or violate the provisions of any insurance policy(iescarried with respect to the Shopping Center; (b) covering create a public or private nuisance, commit waste or interfere with, annoy or disturb any other tenant or occupant of the BuildingShopping Center or Landlord in the operation of the Shopping Center; (c) overload the floors or otherwise damage the structure of the Shopping Center; (d) constitute an improper, the Project and/or their contentsimmoral or objectionable purpose; (e) violate any present or future governmental or quasi-governmental laws, ordinances, regulations or requirements or any covenants, conditions, and shall comply restrictions existing with all applicable insurance underwriters rulesrespect to the Shopping Center; (f) subject Landlord or any other tenant to any liability to any third party; or (g) lower the first-class character of the Shopping Center. Tenant shall shall, at Tenant's sole cost and expense, (u) operate Tenant's business on the Premises under Tenant's Trade Name only; (v) use the Premises in a careful, safe and proper manner; (w) comply at its expense with all present and future governmental or quasi-governmental laws, ordinances, restrictions, regulations, orders, rules regulations and requirements and any covenants, conditions and restrictions existing with respect to the Shopping Center, including, without limitation, those relating to hazardous substances, hazardous wastes, pollutants or contaminants; (x) comply with the requirements of all governmental authorities that pertain any board of fire underwriters or other similar body relating to the Premises; (y) keep the Premises free of objectionable noises and odors; and (z) not store, use or dispose of any hazardous substances, hazardous wastes, pollutants or contaminants on the Premises. Except as set forth in this Lease, no representation or warranty has been made to, or relied on by, Tenant or its use of concerning the Premises, including including, without limitation all federal and state occupational health and safety requirementslimitation, whether the fitness or not suitability or the Premise for the conduct of Tenant’s compliance will necessitate expenditures 's business, nor has Landlord agreed to undertake any modification, alteration or interfere with its use and enjoyment improvement of the Premises. Tenant shall comply at its expense with all present and future covenantsnot, conditionswithout the prior written consent of Landlord, easements or restrictions now or hereafter affecting or encumbering use the Building and/or Project, and name of the Shopping Center for any amendments or modifications thereto, including without limitation purpose other than as the payment address of the business to be conducted by Tenant on the Premises, nor shall Tenant do or permit the doing of anything in connection with Tenant's business or advertising, which in the reasonable judgment of Landlord may reflect unfavorably on Landlord or the Shopping Center, or confuse or mislead the public as to any periodic or special dues or assessments charged against relationship between Landlord and Tenant. All of Tenant's advertising in the county in which the Shopping Center is located shall refer to the business conducted at the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancemention the name of the Shopping Center.
Appears in 1 contract
Use. Tenant shall use occupy the Premises only solely for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesPermitted Use. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant Premises shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in other purpose without the prior written consent of Landlord. Subject to Landlord's obligation to deliver the Premises or to Tenant in compliance with applicable laws, rules and regulations (except as the Project. same is limited under EXHIBIT B), Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(iescomply, at Tenant's expense, with (i) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictionsregulations and orders of the United States of America, regulationsthe Commonwealth of Virginia and any other public or quasi-public federal, ordersstate or local authority having jurisdiction over Tenant's use, occupancy and operations within the Premises, and (ii) any reasonable requests of Mortgagee or any insurance company providing coverage with respect to the Premises. The foregoing notwithstanding, Landlord shall remain responsible for any improvements required by the Americans with Disabilities Act, any by applicable life, fire and safety codes or similar laws, rules and requirements regulations, except (i) Tenant shall be responsible for all of all governmental authorities that pertain the foregoing to Tenant or its the extent arising out of (A) Tenant's specific use of the Premises, including without limitation all federal (B) the failure of Tenant Improvement designed by Tenant's architect pursuant to EXHIBIT B to so comply, unless (1) such failure is the result of deviations in construction from Approved Plans, (2) the applicable item within such Approved Plans would have been in compliance with such laws, codes and state occupational health regulations but for such deviation(s), and safety requirements(3) such deviation is itself NOT due to the acts or omissions of a general contractor, whether subcontractor or not other party designated or selected by Tenant’s compliance will necessitate expenditures , and/or (C) any Alterations to the Premises made by or interfere on behalf of Tenant, and (ii) Landlord shall have the right to include the expenses associated with its use any such improvements as Operating Expenses to the extent permitted under Sections 7.2 and enjoyment 7.3 of the PremisesLease (and subject to the limitations set forth therein). Tenant shall comply at its expense with all present and future covenants, conditions, easements not use or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against occupy the Premises in any manner that is unlawful or Tenant which may be allocated dangerous or that shall constitute waste, unreasonable annoyance or a nuisance to Landlord or the Premises or Tenant in accordance with other tenants of the provisions thereofBuilding. Tenant shall promptly upon demand reimburse Landlord for not use, store or dispose of any additional insurance premium charged by reason of Tenant’s failure hazardous, dangerous, inflammable, toxic or explosive materials on the Premises, other than Permitted Materials (as defined in, and solely to comply with the provisions extent allowed under, Article 26 of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceLease).
Appears in 1 contract
Use. Tenant The Premises shall use be used and occupied by Lessee for only the following purposes and for no other purposes whatsoever without obtaining the prior written consent of Lessor: Multi Media software design, production space and computer server hosting.
A. Lessee shall not do or permit anything to be done in or about the Premises only for which will increase the purposes stated in Item 3 existing rate of insurance upon the Basic Lease ProvisionsPremises (unless Lessee shall pay any increased premium as a result of such use or acts) or cause the cancellation of any insurance policy covering said Premises or any building of which the Premises may be a part, all in accordance with applicable laws and restrictions and pursuant to approvals nor shall Lessee sell or permit to be obtained kept, used or sold in or about said Premises any articles which may be prohibited by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct a standard form policy of Tenant’s permitted use of the Premises. Tenant fire insurance.
B. Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of any building of which the Building Premises may be a part or the Project, injure or annoy them or use or allow the Premises to be used for any unlawful or objectionable purpose, nor not shall Tenant Lessee cause, maintain or permit any nuisance in, on or about the Premises Lessee shall not commit or suffer to be committed any waste in or upon the Premises.
C. Lessee shall not use the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit anything to be done anything in or about the Premises which will invalidate in any way conflict with any law, statute, zoning restriction, ordinance or increase the governmental rule or regulation or requirements or duly constituted public authorities now in force or which may hereafter be enacted or promulgated. Lessee shall at its sole cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall expense promptly comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinancesstatutes, restrictionsordinances and governmental rules, regulations, orders, rules regulations or requirements now in force or which may hereafter be in force and with the requirements of all governmental authorities that pertain any board of fire underwriters or other similar body now or hereafter constituted relating to Tenant or its affecting the condition, use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant The judgment of any periodic court of competent jurisdiction or special dues the admission of Lessee in any action against Lessee, whether Lessor be a party thereto or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for not, that Lessee has violated any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.law,
Appears in 1 contract
Sources: Lease Agreement (Organic Inc)
Use. Tenant shall use the Premises only COUNTY grants to LICENSEE a license to install, maintain and operate telecommunications equipment for the purposes stated in Item 3 purpose of establishing a public safety communications system subject to the restrictions herein.
A. Prior to any new installation, modification or operation, LICENSEE shall submit a copy of the Basic Lease Provisionscomplete construction plans (drawings, all in accordance specifications, structural calculations) with applicable laws appropriate stamps and restrictions signatures to COUNTY. Installation is not to proceed prior to the approval of said plans by COUNTY. Permission from COUNTY to install the equipment shall not be unreasonably withheld, delayed or conditioned. After installation, COUNTY will, within ten days, inspect installation for conformity to the plans. COUNTY reserves the right to deny permission to transmit should the installation not conform to approved plans.
B. The installation and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use maintenance of the radio equipment of LICENSEE shall be deemed to cause material performed in a neat and irreparable harm to Landlord workmanlike manner and shall entitle Landlord conform in all respects to injunctive relief the fire safety and construction standards deemed applicable to such installation by the COUNTY in addition to any other available remedyits commercially reasonable discretion. TenantLICENSEE shall, at its sole cost and expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere comply with the rights requirements of other occupants of the Building or the Projectall local, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsState, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future Federal statutes, laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain regulations now enforced or which may be enforced pertaining to Tenant or its use of the PremisesFacility by LICENSEE.
C. COUNTY, including without limitation at its sole cost, shall maintain the Facility, and all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the PremisesCOUNTY equipment located thereon. Tenant LICENSEE shall comply not be responsible in any manner for the maintenance and repair of the Facility or equipment belonging to COUNTY or other licensees. LICENSEE, at its expense with all present sole expense, shall be responsible for the maintenance and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering upkeep of its own equipment.
D. Any improvements installed by LICENSEE at the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant Facility shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the applicable provisions of the California Environmental Quality Act.
E. COUNTY, at its sole discretion, has the right to approve LICENSEE’s contractors and exclude contractors from the Premises for any reason.
F. If the Facility is destroyed, COUNTY shall decide, at its sole discretion, whether to replace the Facility. If COUNTY chooses to do so, LICENSEE may be granted the opportunity to reestablish its equipment within the new facility. COUNTY acknowledges that it is extremely important that LICENSEE maintain continuous operation of its equipment. Should damage and destruction of the Facility occur, LICENSEE may be allowed to place temporary equipment at the direction of the COUNTY. Should the damage and destruction be such that COUNTY chooses not to rebuild the Facility, this SectionLicense will be deemed terminated.
G. LICENSEE will negotiate and contract directly with LANDLORD for any LICENSEE use of the tower on the Property.
H. As of the date of the execution of this Agreement the Licensee rack of equipment is located at a temporary location within the shelter. At a future date, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceLICENSEE will need to relocate this rack to another location within the shelter to be determined by COUNTY. The costs to relocate this equipment will be the sole responsibility of LICENSEE, with the exception of COUNTY labor costs.
I. Any improvements installed by COUNTY at the Facility that require relocation of LICENSEE equipment will be communicated to LICENSEE at least 60 days prior to required relocation. All costs related to relocating LICENSEE equipment will be the sole responsibility of LICENSEE, with the exception of COUNTY labor costs.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws Provisions and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesfor no other use whatsoever. The parties agree that any contrary use uses prohibited under this Lease shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenantinclude, at its expensewithout limitation, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the PremisesPremises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; or (iii) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use. Tenant shall not do or permit anything to be done in or about the Premises which will in any material way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation and with all federal energy usage reporting requirements of Landlord. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code § 55.52(a)(3)). Pursuant to Section 1938 of the California Civil Code, Landlord hereby provides the following notification to Tenant: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state occupational health law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and safety requirementsmanner of the CASp inspection, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use the payment of the fee for the CASp inspection, and enjoyment the cost of making any repairs necessary to correct violations of construction related accessibility standards within the premises." If Tenant requests to perform a CASp inspection of the Premises, Tenant shall, at its cost, retain a CASp approved by Landlord (provided that Landlord may designate the CASp, at Landlord’s option) to perform the inspection of the Premises at a time agreed upon by the parties. Tenant shall comply provide Landlord with a copy of any report or certificate issued by the CASp (the "CASp Report") and Tenant shall, at its expense with all present cost, promptly complete any modifications necessary to correct violations of construction related accessibility standards in the Premises identified in the CASp Report, notwithstanding anything to the contrary in this Lease. Tenant agrees to keep the information in the CASp Report confidential except as necessary for the Tenant to complete such modifications and/or as required by applicable law. Subject to the terms of this Lease, Tenant and future covenantsits employees, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectlicensees, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated visitors shall have access to the Premises or on a 24 hours a day, 7 days a week basis. Landlord shall comply with all laws relating to the Base Building (hereinafter defined), provided that compliance with such laws are not the responsibility of Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenantunder this Lease, and provided further that Landlord’s failure to comply with therewith would prohibit Tenant from obtaining or maintaining a certificate of occupancy (or its legal equivalent) for the provisions Premises, or would unreasonably and materially affect the safety of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceemployees or create a significant health hazard for Tenant’s employees. In addition, Landlord shall be responsible for the cost of correcting any violations of Title III of the Americans with Disabilities Act (“ADA”) with respect to the Common Areas of the Building. Landlord shall have the right to contest any such violations in good faith. For purposes herein, "Base Building" shall include the structural portions of the Building, the public restrooms and the Building mechanical, electrical and plumbing systems and equipment located in the internal core of the Building on the floor or floors on which the Premises are located.
Appears in 1 contract
Sources: Lease Agreement (BioPharmX Corp)
Use. Tenant shall use the Premises only for general office use and shall not use or permit the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals Premises to be obtained by Tenant from all relevant and required governmental agencies and authoritiesused for any other purpose without the prior written consent of Landlord. The parties agree that any contrary use Nothing contained herein shall be deemed to cause material and irreparable harm give Tenant any exclusive right to Landlord and such use in the Project. Tenant shall entitle Landlord to injunctive relief not use or occupy the Premises in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout violation of law or of the Term, all governmental approvals, licenses and permits required certificate of occupancy issued for the proper Building or Project, and lawful conduct of Tenant’s permitted shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant's shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building Project, or the Projectinjure them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside about the Premises. Tenant shall not do commit or permit suffer to be done anything which will invalidate committed any waste in or increase upon the cost Premises. Tenant acknowledges that Landlord has recorded covenants, conditions and restrictions against the Premises on February 18, 1987 as Instrument Number 87/046032 in the Official Records of any insurance policy(ies) covering Alameda County (the Building, "CC&Rs"). Tenant's use of the Project and/or their contents, Premises shall be subject to and Tenant shall comply with all applicable insurance underwriters rulesthe CC&R's, as the same may be amended from time to time, provided that any amendments do not materially diminish Tenant's rights under this Lease or materially increase Tenant's obligations. Tenant acknowledges that there have been and may be from time to time recorded easements and/or declarations granting or declaring easements for parking, utilities, fire or emergency access, and other matters. Tenant's use of the Premises shall be subject to and Tenant shall comply at its expense with any and all present such easements and future declarations. Tenant's use of the Premises shall be subject to such guidelines as may from time to time be prepared by Landlord or the Bemal Corporate Park Owner's Association in their sole discretion. Tenant acknowledges that governmental entities with jurisdiction over the Premises may, from time to time promulgate laws, ordinancesrules, restrictions, regulations, orders, rules plans and requirements of all governmental authorities that pertain to Tenant or its regulations affecting the use of the Premises, including without limitation all federal including, but not limited to, traffic management plans and state occupational health and safety requirements, whether or not energy conservation plans. Tenant’s compliance will necessitate expenditures or interfere with its 's use and enjoyment of the Premises. Premises shall be subject to and Tenant shall comply with any and all such laws, rules, plans, and regulations. Tenant, at its expense sole cost, shall comply with all present laws relating to the storage, use and future covenantsdisposal of hazardous, conditionstoxic or radioactive matter, easements to the extent brought into the Project by Tenant, its agents or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications theretoemployees, including without limitation those materials identified in Sections 66680 through 66685 of Title 33 of the payment by California Administrative Code, Division 4, Chapter 30 ("Title 22") as they may be amended from time to time (collectively "Toxic Materials"). If Tenant does store, use or dispose of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Toxic Materials, Tenant shall promptly upon demand reimburse notify Landlord for any additional insurance premium charged by reason of Tenant’s failure in writing at least ten (10) days prior to comply with their first appearance on the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancePremises.
Appears in 1 contract
Use. (a) Not to use the Premises for any purpose other than the Permitted Use;
(b) Not to commit, waste or use the Premises for gambling or any offensive trade or business or any illegal, immoral or improper purposes or so as to cause nuisance, damage or danger to the Landlord or the occupiers of neighbouring premises;
(c) Not to use the Premises for the storage of goods other than in small quantities consistent with the nature of the Tenant’s trade or business, provided that storage of such small quantities of goods shall comply with all directions from the Landlord from time to time and all applicable provisions in Clause 3.18 (Dangerous Goods, Hazardous Substances and Laboratory Safety) below;
(d) Not to keep at the Premises any Dangerous Goods and Hazardous Substances. Provided that if it is necessary to keep any Dangerous Goods and/or Hazardous Substances at the Premises in the normal course of the Permitted Use, the Tenant shall inform the Landlord of the nature of such Dangerous Goods and/or Hazardous Substances and provide such other information as the Landlord may request from time to time. The use, storage, handling, release, treatment, manufacture, processing, deposit, transportation or disposal (including into any Service Media) of any Dangerous Goods and/or Hazardous Substances should comply with all the directions and requirements of the Landlord and in accordance with Clause 3.18 (Dangerous Goods, Hazardous Substances and Laboratory Safety) of this Lease. Notwithstanding the foregoing, the Landlord may at any time demand the Tenant to remove any and all Dangerous Goods and/or Hazardous Substances from the Premises for any reason whatsoever, and the Tenant shall comply forthwith. For the avoidance of doubt and without limiting the Tenant’s obligation to indemnify the Landlord under Clause 3.13 (Indemnities), the Tenant shall indemnify and hold harmless the Landlord from any and all claims, damages, fines, judgments, penalties, costs, expenses or liabilities (including, without limitation, any and all sums paid for settlement of claims, legal fees, consultant and expert fees) arising, during or after the Term from or in connection with the Tenant’s breach of this Clause 3.8(d);
(e) Not to make any noise (including but not limited to music or sound produced by broadcasting from television, radio and any equipment capable of producing or reproducing music or sound) which is audible outside the Premises, or make any vibration or odour in the Premises which is or may be a nuisance to the occupiers of nearby premises, or allow any smoke, fumes or gas to escape from the Premises; or do anything on the Premises which may be a nuisance or cause annoyance, danger, injury or damage to the Landlord or any neighbouring tenants or occupiers;
(f) Not to place on the Premises anything (including any safe) of a weight in excess of the floor loading of the Premises prescribed by the Landlord, or on parts of the Premises containing reinforced flooring, anything of a weight in excess of the appropriate weightings for which such reinforcements were designed and to comply with any prescription by the Landlord of the maximum weight and permitted location of safes and other heavy equipment and any requirements of the Landlord that the same stand on supports of such dimensions and materials as the Landlord reasonably determines;
(g) To use the raised flooring and false ceiling (if any) in the Premises with care and in accordance with the Landlord’s instructions and not to overload, scratch or place any article which would release water onto the raised flooring or false ceiling; Lease Agreement - Ewell 2024
(h) To comply with all legislation in relation to: (i) the Premises, (ii) the conduct of the Tenant’s business on the Premises (including the use, handling, storage and disposal of all biological samples collected and/or used in the course of the Tenant’s business, and (iii) the storage of any Dangerous Goods and/or Hazardous Substances in accordance with this Clause 3.8(d) (Use), Clause 3.18 (Dangerous Goods, Hazardous Substances and Laboratory Safety) herein). Furthermore, the Tenant shall apply for all requisite licences and permits that may be required from all competent authorities to lawfully conduct the Tenant’s business and activities at the Premises;
(i) Not to do anything which would amount to a breach or non-observance of any provision of the Government grant under which the Landlord holds the portion of the Development on which the Building is situated;
(j) To ensure that all refuse is disposed of by arrangement with and in containers specified by the Landlord, and if the Landlord provides a collection service for refuse, to use such service exclusively at the sole cost of the Tenant. Where recycling facilities are provided by the Landlord, the Tenant shall use its best endeavours to dispose of all recyclable refuse through such recycling facilities;
(k) Not to place or leave anything in the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant Common Parts nor to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do tout or permit solicit business or distribute anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of within the Building or the ProjectDevelopment without the prior written approval of the Landlord;
(l) To take delivery of furniture, equipment, fittings or bulky items in and out of the Building only during the hours specified by the Landlord from time to time, and to take such delivery only in the lift and along the route designated for that purpose by the Landlord;
(m) Not to discharge into any Service Media any substance that may obstruct, pollute, or use cause any damage or allow danger to the Service Media;
(n) Not to conduct any auction, fire sale, bankruptcy sale or any similar activities at the Premises;
(o) Not to keep any animals, birds or pets of any kind inside the Premises, and to take all precautions to the reasonable satisfaction of the Landlord to prevent the Premises from becoming infested by pests including, if the Landlord so requires, the employment at the Tenant’s cost of such pest extermination contractors and at such intervals as the Landlord may reasonably determine;
(p) Not to be used allow any person to use the Premises for residential purposes; and
(i) Subject to sub-paragraphs (ii) and (iii) below, not to display, publish, publicize, advertise or represent anything relating to, involving or including the whole or any unlawful purposepart of the names, nor shall Tenant permit any nuisance characters or commit any waste in words of the Landlord, the Development, the Building or the Premises or the Project. Tenant shall whole or any part of the words “Hong Kong Science Park”, “Hong Kong Science and Technology Parks”, “Hong Kong Science and Technology Parks Corporation”, or unless the facts displayed, published, publicized, advertised or represented are true and accurate.
(ii) Subject to sub-paragraph (iii) below, not perform to display, publish, publicize, advertise or represent such of its logos or marks bearing the whole or any work part of the names, characters or conduct any business whatsoever in words of the Project other than inside Landlord, the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering Development, the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant Premises or its use the whole or any part of the Premiseswords “Hong Kong Science Park”, “Hong Kong Science and Technology Parks”, “Hong Kong Science and Technology Parks Corporation”, Lease Agreement - Ewell 2024
(iii) The Tenant may with the prior written approval of the Landlord (which approval may be given or refused at the Landlord’s discretion and, if given, may be subject to such conditions the Landlord deems fit to impose) display, publish, publicize, advertise or represent the Landlord’s logos or marks provided that the design and specification of such logos or marks shall be in accordance with and in line with the Landlord’s logo specification.
(iv) Not to do anything (including without limitation all federal not to make any representation) which in the opinion of the Landlord prejudices or may or is likely to prejudice the goodwill or reputation of the Landlord, the Government of the Hong Kong SAR and/or any part(s) of the Development, the Building or the Premises. In particular but without prejudice to the generality of the foregoing and state occupational health the Landlord’s other rights and safety requirementsremedies, the Landlord reserves the right to request the cessation of any activity conducted or to be conducted by the Tenant whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment previously permitted by the Landlord which is in the opinion of the PremisesLandlord in breach of this Clause 3.8(q). The Tenant shall comply upon the Landlord’s such request forthwith cease such activity and rectify the breach by taking all such actions which the Landlord shall deem necessary at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the absolute discretion;
(r) Notwithstanding other provisions of this SectionLease, and shall indemnify the Tenant agrees that the Landlord from any liability and/or expense resulting from may without the need to obtain the Tenant’s noncomplianceapproval or consent display, publish, publicize, advertise or represent the Tenant’s logos or marks or anything relating to, involving or including the whole or any part of such logos or marks in any of its promotional or advertising material at the Landlord’s absolute discretion without being liable to the Tenant for damages, compensation or royalty payment; and
(s) Notwithstanding other provisions of this Lease, if the Landlord in its reasonable opinion determines that this Lease ought to be terminated based on the ground that its continuation (in whole or in part) would be impermissible under laws of Hong Kong or would have an adverse impact on the reputation of the Landlord and/or the Government of the Hong Kong SAR; the Landlord shall be entitled to terminate this Lease and in such event.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials (as such materials may be identified in any federal, state or encumbering local law or regulation) in the Building and/or Project, and any amendments Premises or modifications thereto, including Project without limitation the payment prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any periodic disclosure form regarding hazardous or special dues or assessments charged against the Premises or Tenant which toxic materials that may be allocated to the Premises or Tenant in accordance with the provisions thereofrequired by any governmental agency. Tenant shall promptly also, from time to time upon demand reimburse request by Landlord, execute such affidavits concerning Tenant's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord for shall have the right at any additional insurance premium charged by reason time to perform an assessment of the environmental condition of the Premises and of Tenant’s failure 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records relating to hazardous or toxic materials at the Premises. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the provisions requirements of this Section; otherwise, the same shall be at Landlord's expense and not a Building Cost. In all events Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any liability and/or expense resulting from release of hazardous or toxic materials caused by Tenant’s noncompliance, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Use. Tenant 5.01 The Demised Premises shall be used and occupied by Lessee solely for offices, chemical and biological laboratories and pilot plants, combustion laboratories, light manufacturing and other related activities, and for no other or additional purpose without the prior written consent of Lessor.
5.02 Lessee shall not use the Demised Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals or permit anything to be obtained done in or about the Demised Premises which is prohibited by Tenant from all relevant and required or will in any way conflict with any law, statute, ordinance or governmental agencies and authoritiesrule or regulation now in force or which may hereafter be in force, or which is prohibited by the standard form of fire insurance policy, or will in any way increase the existing rate of any fire or other insurance covering the Industrial Center or any of its contents, or cause any change or cancellation of such insurance. The parties agree judgment of any court of competent jurisdiction or the admission of Lessee in any action against Lessee, whether Lessor be a party thereto or not, that Lessee has violated any contrary use law, statute, ordinance or governmental rule, regulation or requirement, shall be deemed to cause material conclusive of that fact as between Lessor and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedyLessee. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant Lessee shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other occupants of tenants in the Building Industrial Center, or the Projectinjure or annoy them, or use or allow the Demised Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant Lessee cause, maintain or permit any nuisance in, on or about the Demised Premises or commit or suffer to be committed any waste in, on or about the Demised Premises.
5.03 Lessee shall, at its sole expense, secure and maintain in the Premises or the Project. Tenant shall not perform full force and effect any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Buildingand all licenses, the Project and/or their contentspermits, authorizations, and shall comply with other approvals required by any governmental agency for activities conducted and materials stored or used by Lessee at the Demised Premises, including, but not limited to, all applicable insurance underwriters rules. Tenant shall comply at its expense with all present licenses, permits and future laws, ordinances, restrictions, regulations, orders, rules approvals relating to the storage and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether hazardous or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projecttoxic materials, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant Lessee shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to at all times comply with the provisions of this Sectionconditions and requirements that may be contained in or imposed by any such licenses, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancepermits or approvals.
Appears in 1 contract
Sources: Real Estate Matters Agreement (Catalytica Energy Systems Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectSite. Tenant shall not perform any work or conduct any business whatsoever in the Project Site other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any all applicable insurance policy(ies) covering the Building, the Project Site and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or ProjectSite, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.
Appears in 1 contract
Sources: Lease Agreement (Hyseq Inc)
Use. Tenant (a) Lessee shall use and operate the Premises only for throughout the purposes stated in Item 3 Term as a minimum or medium security correctional facility. Lessee and Lessor shall comply with §511.0092 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and Government Code at Lessee’s sole expense pursuant to approvals Texas law and the rules and standards promulgated or adopted by the Texas Commission on Jail Standards. Lessor shall provide Lessee with sufficient spaces to be obtained by Tenant from all relevant and required meet its governmental agencies and authorities. The parties agree that any contrary use shall be deemed obligations to cause material and irreparable harm to Landlord maintain a County jail and shall entitle Landlord provide the Sheriff of Lessee with sufficient access to injunctive relief in addition such space to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant carry out his duties as imposed by state law.
(b) Lessee shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way interfere with the rights cause cancellation of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in insurance policy covering the Premises or the Project. Tenant any part thereof.
(c) Except as provided in this Lease, or as required by law, Lessor or its successors or assigns shall not perform any work in no way have responsibility for, interfere or conduct any business whatsoever in the Project other than inside oversee Lessee’s operations on the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies.
(d) covering the Building, the Project and/or their contents, and Lessee shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated Governmental Requirements applicable to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this SectionPremises, and shall indemnify Landlord from promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances, hazards and other conditions or activities in or upon, or connected with the Premises, all at Lessee’s sole cost, risk and expense, including any liability and/or expense or cost resulting from Tenantthe compliance with improvements for handicapped or disabled persons or any other costs, fees or expenses mandated by Governmental Requirements.
(e) Lessee shall pay the cost of all utility services, including but not limited to, all charges for gas, water, sewerage, storm water disposal, trash disposal, communications and electricity used on the Premises and in the Sheriff’s noncomplianceOffices.
(f) Upon 24 hours notice, Lessor and its authorized agents shall have the reasonable right, during normal business hours, to enter the Premises, at a time set by the Warden, (a) to inspect the general condition and state of repair thereof, (b) to make repairs required or permitted under this Lease, or (c) for any other reasonable purpose. In the event of an emergency, Lessor may enter the Premises at any time.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectSite. Tenant shall not perform any work or conduct any business whatsoever in the Project Site other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project Site and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or ProjectSite, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.
Appears in 1 contract
Sources: Lease Agreement (Endwave Corp)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable reasonable insurance underwriters rulesrules of which Tenant has received written notice. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the PremisesPremises for non-general office use, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials (as such materials may be identified in any federal, state or encumbering local law or regulation) in the Building and/or Project, and any amendments Premises or modifications thereto, including Project without limitation the payment prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any periodic disclosure form regarding hazardous or special dues toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such commercially reasonable affidavits concerning Tenant's best knowledge and belief regarding the presence of hazardous or assessments charged against toxic materials in the Premises. Notwithstanding anything to the contrary set forth in this Lease, Tenant shall have no obligation to clean up, remediate, monitor, or a▇▇▇▇, or to reimburse, release, indemnify or defend Landlord with respect to, any hazardous materials which Tenant did not cause to be introduced onto the Premises or Tenant which may be allocated any other portion of the Building. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises or Tenant and of Tenant's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in accordance with the provisions thereofa manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall promptly upon demand reimburse be reimbursed by Tenant to Landlord for any additional insurance premium charged by reason of Tenant’s failure if such assessment/testing determines that Tenant failed in a material way to comply with the provisions requirements of this Section, and . In all events Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any liability and/or expense resulting from release of hazardous or toxic materials caused by Tenant’s noncompliance, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Use. Tenant a. In no event shall Lessee use or permit the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises for any purpose other than general office use and other related legal uses incidental thereto. Lessor and Lessee hereby acknowledge and agree that the foregoing use restriction is an absolute prohibition against a change in use of the Premises m contemplated under California Civil Code Section 1997.230. Lessee shall not do or permit to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or the Project or any of its contents, or cause cancellation of any insurance policy covering the Building or the Project or any part thereof or any of its contents. Lessee shall not, without prior consent of Lessor, bring into the Building or the Premises or use or incorporate in the Premises any apparatus, equipment or supplies that may cause substantial noise, odor, or vibration or overload the Premises or the Building or any of its utility or elevator systems or jeopardize the structural integrity of the Building or any part thereof. Lessee and Lessee’s Agents shall not use, store, or dispose of any “Hazardous Materials” (defined below) on any portion of the Project. Without limiting the generality of the foregoing, Lessee shall not (either with or without negligence) cause or permit the escape, disposal, release or discharge of any Hazardous Materials in, on or below the Premises or any other portion of the Project. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release or other use of Hazardous Materials at the Premises during the Term of this Lease, then the reasonable costs thereof shall be reimbursed by Lessee to Lessor upon demand as additional rent. In addition, Lessee shall execute such affidavits, representations and certifications as may be reasonably required by Lessor from time to time concerning Lessee’s best knowledge and belief regarding the presence of Hazardous Materials at the Premises. Tenant Lessee shall indemnify, defend with counsel acceptable to Lessor, and hold Lessor and Lessor’s employees, agents, partners, officers, directors and shareholders harmless from and against any and all claims, actions, suits, proceedings, orders, judgment, losses, costs, damages, liabilities, penalties, or expenses (including, without limitation, attorneys’ fees) arising in connection with the breach of the obligations described in any of the previous four sentences and the obligations of Lessee pursuant hereto and under the previous four sentences shall survive the Lease Termination. As used in this paragraph, “Hazardous Materials” means any chemical, substance or material which has been determined or is hereafter determined by any federal, state, or local governmental authority to be capable of posing risk of injury to health or safety, including, without limitation, petroleum, asbestos, polychlorinated biphenyls, radioactive materials, radon gas, and/or biologically and/or chemically active materials. Without limiting the generality of the foregoing, the definition of “Hazardous Materials” shall include those definitions found in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq., the Hazardous Materials Transportation Authorization Act, 49 U.S.C. §§ 5101 et seq., the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq., the Clean Water Act, 33 U.S.C. §§ 1251 et seq., the Clean Air Act, 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq., Division 20 of the California Health and Safety Code commencing at Section 24000, Division 7 of the California Water Code commencing at Section 13000, each as amended from time to time, and all similar federal, state and local statutes and ordinances and all rules, regulations or policies promulgated thereunder. Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, Project or injure them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant Lessee cause, maintain or permit any nuisance in, on or about the Premises. Lessee shall not commit or suffer to be committed any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside upon the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.
Appears in 1 contract
Sources: Net Office Lease (Splunk Inc)
Use. Tenant The Premises shall use the Premises be used only for the purposes stated in Item 3 purpose of the Basic Lease Provisionsgeneral office and/or receiving, all in accordance with applicable laws warehousing and restrictions and pursuant to approvals to be obtained shipping products distributed by Tenant. Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenantobtain, at its Tenant's sole cost and expense, shall procure, maintain any and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required necessary for the proper and lawful conduct of Tenant’s permitted 's contemplated use of the Premises. Tenant shall comply with all existing and future governmental laws, ordinances and regulations applicable to the use of the Premises, as well as all requirements of Landlord's insurance carrier, excluding the making of structural changes. Tenant shall not do permit any objectionable or permit anything unpleasant odors, smoke, dust, gas, noise or vibrations to be done emanate from the Premises, nor take any other action which would constitute a nuisance or which would disturb or endanger any third-party tenants of the Property, or unreasonably interfere with such third-party tenant's use of their respective space. Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant shall comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State or municipal governments for any activities involving, directly or indirectly, the use, generation, treatment, storage, or disposal of any hazardous or toxic chemicals, materials, substances or wastes used within the Premises. At Landlord's request, Tenant shall furnish evidence, reasonably satisfactory to Landlord, that Tenant is in compliance with such environmental requirements. Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all liabilities or claims by reason of any injury to persons or damage to property arising out of the discharge, disbursement, release, or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, hazardous wastes, liquid or gasses, waste materials, or other irritants, contaminants or pollutants into or about the Premises or Property, which will in originate from any way interfere with the rights of other occupants of the Building or the Projectproducts stored, produced, manufactured, treated, or use or allow disposed of by Tenant within the Premises. The aforesaid indemnification and defenses shall survive the term of this Lease. Tenant shall not permit the Premises to be used for any unlawful purposepurpose or in any manner (including, nor shall Tenant permit without limitation, any nuisance or commit any waste in the Premises method of storage) which would render Landlord's insurance thereon void, or the Project. Tenant shall not perform insurance risk more hazardous, or cause the State Board of Insurance or other insurance authority to disallow any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancesprinkler credits.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions (subject to the provisions of Section 2.5) and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights of other occupants of the Building Buildings or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the BuildingBuildings, the Project and/or their contentscontents (unless Tenant pays any such increase in cost), and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including including, without limitation limitation, all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building Buildings and/or Project, and any reasonable amendments or modifications thereto, including including, without limitation limitation, the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.
Appears in 1 contract
Use. Tenant agrees that during the term of this Lease, Demised Premises shall be used and occupied only for research, design, production and warehouse/distribution space and for no other purpose without the prior written consent of Landlord. The Tenant agrees to indemnify, hold harmless and defend the Landlord, its successors and assigns, from and against any loss, damage, claims, expenses, liabilities or judgments in connection with contamination for which the Tenant is responsible or that results from the failure of the Tenant to carry out its obligation under the Lease. Tenant agrees that during the term of this Lease and, notwithstanding anything in the immediately preceding sentence contained to the contrary: no use may be made of the Demised Premises by Tenant, IRS agents, employees, visitors, vendors, contractors, etc. which may reasonably be expected to attract parking, loading or unloading in excess of the facilities constructed therefore upon the Entire Parcel; neither Tenant nor any person claiming under Tenant shall impede ingress or egress to, or use of, the loading areas of the Entire Parcel; no nuisance or waste shall be permitted in, upon or about the Demised Premises; no use or business shall be permitted or conducted in, upon or about the Demised Premises only which shall be unlawful, improper, noisy or offensive, or contrary to any law, ordinance, regulation or requirement of any public authority or insurance inspection or rating bureau or similar organization having jurisdiction; the Demised Premises including, without limitation, any of the mechanical systems thereof, shall not be overloaded, damaged or defaced; Tenant shall not drill or make any holes in the stone or brickwork or any of the walls or ceilings of the Demised Premises; the utility conduits in the Demised Premises shall not be overloaded or used for any purposes other than the purposes stated for which originally constructed; no foreign objects shall be deposited in Item 3 the plumbing facilities of the Basic Lease ProvisionsDemised Premises by tenant, its agents, employees, visitors, vendors, contractors, etc.; no ladders shall be placed against the flashing upon the perimeter of the Building; Tenant shall not permit the emission of any objectionable noise, smoke, fumes, dust or odor from the Demised Premises; Tenant shall procure all licenses and permits which may be required for any use made of the Demised Premises; all waste and refuse shall be stored in and removed from the Demised Premises in accordance with applicable laws rules and restrictions regulations therefore as may be prescribed by Landlord; and pursuant to approvals to no sign may be obtained by Tenant installed upon the Demised Premises which is visible from all relevant and required governmental agencies and authoritiesthe exterior of the Building. The parties agree that any contrary use Landlord shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. provide Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering signage on the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancedirectories.
Appears in 1 contract
Use. Tenant shall use the Premises and Common Areas only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws Laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future lawsLaws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.
Appears in 1 contract
Use. Tenant shall use Landlord agrees that the Premises only may be used for (i) the purposes stated in Item 3 sale and trading of securities (including, without limitation) stocks and bonds, (ii) providing private banking services, investment banking services, trust services and other diversified financial services, (iii) the sale of insurance, (iv) office use, including conference and computer facilities, employee and visitor cafeteria and dining areas (including related kitchen facilities) and/or (vi) and other legally permitted use consistent with the character of the Basic Lease Provisions, all in accordance with applicable laws Project and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedyComparable Buildings. Tenant, at its sole cost and expense, shall procurepromptly comply with all local, maintain state and make available for Landlord’s inspection throughout federal laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereinafter be in force relating to the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises, including, without limitation, the Americans with Disabilities Act, 42 U. S .C. § 12101 et seq. and any governmental regulations relating thereto (collectively, the “ADA”), including any required alterations within the Premises for purposes of “public accommodations” under such statute. However, notwithstanding anything to the contrary contained in this Lease, Landlord (and not Tenant), at Landlord’s cost but as an item of Operating Expenses (subject to the provisions of Section 4(e) above establishing certain exclusions from Operating Expenses), shall be required to make any alterations or improvements to the Premises constituting capital expenditures (including, without limitation, alterations or improvements to the Premises in order to comply with the ADA constituting capital expenditures) and to the Building Structure and Building Systems (as those terms are defined in Section 7(a) below) to the extent such alterations or improvements are required to cause the Premises to comply with applicable laws, except that Tenant (and not Landlord), at Tenant’s sole cost, shall be responsible for performing such alterations or improvements work to the extent such compliance work is necessitated by the particular use of the Premises by Tenant, any subtenant of Tenant or any of their respective employees, agents, contractors, licensees or invitees (collectively, “Tenant Parties”) (as opposed to mere occupancy for general office use) or by any Alterations to the Premises under Section 8 below to the extent such Alterations are not normal and customary business office improvements. Tenant shall not do use or permit anything the Premises to be done used in any manner nor do any act which would increase the existing rate of insurance on the Project (unless Tenant agrees to pay such increased cost) or cause the cancellation of any insurance policy covering the Project, nor shall Tenant 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 policy, unless Tenant obtains an endorsement to the policy allowing such activity. Tenant shall not during the Term (i) commit or allow to be committed any waste upon the Premises, or any public or private nuisance in or around the Project, (ii) allow any sale by auction upon the Premises, (iii) place any loads upon the floor, walls, or ceiling of the Premises which endanger the Building, (iv) use any apparatus, machinery or device in or about the Premises which will cause any substantial noise or vibration or in any way interfere with manner damage the rights of other occupants of Building, (v) place any harmful liquids in the Building drainage system or in the soils surrounding the Project, or use (vi) disturb or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or unreasonably interfere with other tenants of the Project. Tenant shall not perform If any work of Tenant’s office machines or conduct any business whatsoever in equipment unreasonably disturbs the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost quiet enjoyment of any insurance policy(ies) covering other tenant in the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. then Tenant shall comply provide adequate insulation, or take such other action as may be reasonably necessary to eliminate the disturbance, all at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use sole cost and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceexpense.
Appears in 1 contract
Sources: Lease Agreement (Redwood Trust Inc)
Use. Tenant (a) The demised Premises shall use the Premises be used only for the purpose of manufacturing, receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant, and for such other lawful purposes stated in Item 3 of as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles and the Basic Lease Provisionswashing thereof at any time, is prohibited without Landlord's written consent. Tenant shall at its own cost and expense obtain any and all in accordance with applicable laws licenses, permits and restrictions and pursuant to other governmental approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that necessary for any contrary such use shall be deemed to cause material and irreparable harm promptly deliver to Landlord copies of such licenses, permits and governmental approvals upon receipt thereof, and shall entitle Landlord to injunctive relief in addition to any other available remedycomply with the terms and conditions thereof. Tenant, at its expense, Tenant shall procure, maintain and make available for Landlord’s inspection throughout the Term, comply with all governmental approvalslaws, licenses ordinances and permits required for regulations applicable to the proper and lawful conduct of Tenant’s permitted use of the Premises, and Tenant's use of the common areas of the Property, whether now or hereafter in force and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of violations in or upon, or connected with, the use of, the Premises, all at Tenant's sole expense. Tenant shall promptly deliver to Landlord a copy of any such notice of violation it receives. Tenant shall not do permit any objectionable or permit anything unpleasant odors, smoke, dust, gas, noise or vibrations to be done in emanate from the Premises, nor take any other action which would constitute a nuisance or about the Premises which will in would disturb or endanger any way interfere with the rights of other occupants tenants of the Building or unreasonably interfere with their use of their respective Premises or the Projectcommon areas of the Property nor use the Premises or the common areas of the Property in a manner which would impair the proper and economic maintenance, operation and repair of the Property. Without Landlord's prior written consent, Tenant shall not receive, store or use otherwise handle any product, material or allow merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for any unlawful purposepurpose or in any manner (including, nor shall Tenant permit without limitation, any nuisance method of storage) which would render the insurance thereon void or commit cause the State Board of Insurance authority to disallow any waste sprinkler credits. If any increase in fire and extended coverage insurance premium paid by Landlord or other tenants of the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, Building is caused by Tenant's use and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, including without limitation all federal or if Tenant vacating the Premises and state occupational health causes an increase in such premiums, then Tenant shall pay as additional rent the amount of such increase to Landlord.
(b) Tenant shall not at any time use the Premises in a manner which would violate the Notice of Restrictions, dated August 29, 1985 and safety requirementsrecorded on September 3, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment 1985 in Book 3683, page 2548 of the Premisesofficial records of Orange County, executed by Orlando Central Park, Inc. (the "Notice of Restrictions"). Tenant acknowledges receipt of a copy of the Notice of Restrictions.
(c) Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading of 3,000 pounds per square inch for floor slabs on grade. Tenant shall comply at its expense with all present and future covenantsbe responsible to provide steel plates, conditions, easements angles or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated channels as required to the Premises or Tenant in accordance with the provisions thereofdistribute floor loading to building design loads. Tenant shall promptly upon demand reimburse only use forklifts that have rubber wheels or other wheels that will not damage floor slabs. Tenant shall hold harmless Landlord for from any additional insurance premium charged loss, liability and expenses, both real and alleged, arising out of such damage or repair caused by reason of Tenant’s 's negligence or failure to comply with this paragraph and shall, at its sole cost and expense, promptly repair any damage or injury to the provisions floor slab and other parts of this Sectionthe Building caused by Tenant and its employees, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceagents or invitees.
Appears in 1 contract
Sources: Lease (Ecc International Corp)
Use. (a) Tenant shall use the Premises only for the purposes stated use or uses set forth in Item 3 Section 1(j) above, and shall not use or permit the Premises to be used for any other purpose whatsoever. Tenant shall use and occupy the Premises in compliance with all applicable federal, state and local laws, codes, rules, ordinances, statutes and other requirements (collectively, "Laws") (which Laws shall include, without limitation, the Americans with Disabilities Act of 1990, applicable fire-life safety codes of the Basic Lease ProvisionsCity of Los Angeles and requirements imposed in connection with the development or occupancy of the Building, all including, without limitation, participation in accordance any transportation management programs and compliance with applicable laws air quality/trip reduction requirements), and restrictions and pursuant to approvals shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be obtained a violation of applicable Laws. Tenant shall make any and all alterations or improvements to the Premises required to comply with applicable Laws; except that Tenant shall not be required to make structural alterations or improvements to the Premises required to comply with applicable Laws unless such compliance is necessitated by Tenant's particular use of, or Alterations to, the Premises. Tenant from shall comply with all relevant rules, orders, regulations and requirements of any insurance authority having jurisdiction over the Project or any present or future insurer relating to the Premises or the Project. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for any existing insurance policy or endorsement required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct by reason of Tenant’s permitted 's failure to comply with the provisions of this Section 7 or by reason of Tenant's use or occupancy of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way manner obstruct or interfere with the rights of other tenants or occupants of the Building Project, or the Projectinjure them, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside about the Premises. Tenant shall not do commit or permit suffer to be done anything which will invalidate committed any waste in or increase upon the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, Premises and shall comply with all applicable insurance underwriters ruleskeep the Premises in first class repair and appearance. Tenant shall comply at its expense with not use all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use any part of the Premises, including without limitation all federal and state occupational health and safety requirements, whether Premises for any medical or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premisesdental uses. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building and/or Projectby Landlord's architect, with the partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and any amendments or modifications theretopositions of all safes, including without limitation the payment by files and heavy equipment which Tenant of any periodic or special dues or assessments charged against desires to place in the Premises or Tenant which may be allocated so as to distribute properly the Premises or Tenant in accordance with the provisions weight thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.
Appears in 1 contract
Sources: Office Lease (Tix CORP)
Use. Tenant 7.1 The Leased Premises shall be used and occupied by the Lessee only for scientific research, development activities and/or office space in connection thereof including marketing and market development, the whole in compliance with and in conformity to all applicable governmental rules, regulations and by-laws. The Lessee shall not use the Premises only Leased Premises, nor allow the same to be used, for any purpose other than that mentioned above, without receiving the prior written consent of the Lessor, which consent shall not be unreasonably delayed or withheld. The Lessee declares that it has obtained, and shall be solely responsible for obtaining of all necessary permits to enable it to operate in the Leased Premises, and it releases and discharges the Lessor from any and all obligations in respect thereof. Nothing herein shall be so interpreted as to imply that this Lease is in any way conditional upon the Lessee obtaining any permits or licenses for the purposes stated exploitation of such business from any municipal, provincial or other authority or that the Leased Premises may otherwise be used for or be suitable for same, the Lessor making no representation and expressly disclaiming any responsibility with respect to same, and the Lessee acknowledging that the risks related to all such matters are being borne exclusively by the Lessee and at own risk and peril. The Lessee agrees and acknowledges that neither it nor any person, firm, corporation, employee, contractor or sub-contractor, whose services are retained by the Lessee, will carry on any activity in, on or about the Leased Premises that would be contrary to or in Item 3 of the Basic Lease Provisionsderogation from any and all federal, provincial or municipal laws, rules, regulations or by-laws including, but not restricted to, all in accordance with applicable laws and restrictions and pursuant Environmental Laws.
7.2 Notwithstanding any provision to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that the contrary, the Lessee shall not run any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenantbusiness or use, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout allow or tolerate the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not Leased Premises or any part thereof for any activity that in the opinion of the Lessor would tarnish the character, quality or reputation of the Lessor or the Property, or for any fraudulent or immoral practice, or carry out in the Leased Premises any activity that would be dangerous or harmful or would do anything whatsoever that could hinder the peaceable enjoyment of the other lessees or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building Property or make noise or create foul odours that could inconvenience the Projectother lessee or occupants or neighbours, or use create or allow tolerate any losses or damages, alteration or deterioration of the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Leased Premises or the ProjectProperty or overload the floors in such a way as to jeopardize the structure of the Building. Tenant The Lessee, shall not perform not, in any work manner whatsoever, hold the Lessor liable for any damages or conduct any business whatsoever in inconveniences that the Project other than inside Lessee may suffer due to the Premises. Tenant shall not do fault or permit to be done anything which will invalidate or increase the cost actions of any insurance policy(ies) covering other lessee or occupant of the Building, and the Project and/or their contents, Lessee expressly waives all claims and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant recourses it may or its use could have in respect of the Premises, including without limitation all federal Lessor pursuant to Sections 1859 and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment 1861 of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant Civil Code of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceQuebec.
Appears in 1 contract
Use. Tenant shall use the Premises only for general office purpose, including without limitation software development (but excluding a computer processing center facility) and purposes incident thereto, and shall not use or permit the Premises to be used for any other purpose without the prior written consent of the Landlord, not to be unreasonably withheld or delayed). Tenant shall not use or occupy the premises in violation of any recorded covenants, conditions and restrictions affecting the Site or of any law or of the Certificate of Occupancy or temporary Certificate of Occupancy issued for the purposes stated in Item 3 Building of which the Basic Lease ProvisionsPremises are a part, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant shall, upon five (5) days written notice from all relevant and required governmental agencies and authorities. The parties agree that Landlord, discontinue any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any recorded covenants and restrictions affecting the Site or of any law or of said Certificate of Occupancy or temporary Certificate of Occupancy. Tenant may not offer shared tenant services, such as but not limited to word processing, to any unaffiliated tenant in the Building without Landlord's prior written consent, which consent may be withheld by Landlord at its sole and absolute discretion. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or knowingly permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building Building, or the Projectinjure or annoy them, or use or knowingly allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or knowingly permit any nuisance in, or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside about the Premises. Tenant shall not do commit or permit suffer to be done anything which will invalidate committed any waste in or increase upon the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, Premises and shall comply with all applicable insurance underwriters ruleskeep the Premises in first class repair and appearance. Tenant shall comply at its expense with all present Landlord reserves the right to prescribe the weight and future laws, ordinances, restrictions, regulations, orders, rules and requirements position of all governmental authorities that pertain safes, files and heavy equipment which Tenant desires to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against place in the Premises or Tenant which may be allocated so as to distribute properly the Premises or Tenant in accordance with the provisions weight thereof. Tenant shall promptly upon demand reimburse Landlord be responsible for any additional insurance premium charged by reason the cost of Tenant’s failure all structural engineering required to comply with determine the provisions structural load of this Sectionall safes, files and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceheavy equipment which Tenant desires to place in the Premises.
Appears in 1 contract
Sources: Office Lease (Versata Inc)
Use. Tenant shall occupy and use the Premises only for general office use or uses incidental thereto, all of which shall be consistent with the purposes stated in Item 3 standards of a first class office project (the "PERMITTED USE") and shall comply, at Tenant's expense, with all Regulations relating to the use, condition, alteration, improvement, access to, and occupancy of the Basic Lease ProvisionsPremises, all in accordance with applicable laws and restrictions and pursuant including without limitation, Regulations relating to approvals Hazardous Materials (defined below). Should any Regulation now or hereafter be imposed on Tenant or Landlord by any governmental body relating to be obtained the use or occupancy of the Premises or the Project common areas by Tenant from all relevant and required governmental agencies and authorities. The parties agree that or any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. TenantTenant Party or concerning occupational, health or safety standards for employers, employees, or tenants, then Tenant agrees, at its sole cost and expense, shall procure, maintain to comply promptly with such Regulations if such Regulations relate to anything within the Premises or if compliance with such Regulations is within the control of Tenant and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use applies to an area outside of the Premises. Tenant shall conduct its business and shall use reasonable efforts to cause each Tenant Party to act in such a manner as to (a) not do release or permit anything to be done the release of any Hazardous Material in, under, on or about the Project in violation of any Regulations, (b) use or store any Hazardous Materials (other than incidental amounts of cleaning and office supplies) in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, (c) not create or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit unreasonable interference with or disturbance of other tenants of the Project or Landlord in its management of the Project or (d) not create any waste occupancy density in the Premises or parking density with respect to Tenant and any Tenant Party at the Project. Tenant shall not perform any work or conduct any business whatsoever Project greater than those specified in the Project other than inside the PremisesBasic Lease Information. Tenant shall not do "HAZARDOUS MATERIAL" means any hazardous, explosive, radioactive or permit to be done anything toxic substance, material or waste which will invalidate is or increase the cost of becomes regulated by any insurance policy(ieslocal, state or federal governmental authority or agency, including, without limitation, any material or substance which is (i) covering the Buildingdefined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," "pollutant" or "contaminant" under any Regulation, the Project and/or their contents(ii) a flammable explosive, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws(iii) a radioactive material, ordinances(iv) a polychlorinated biphenyl, restrictions(v) asbestos or asbestos containing material, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance(vi) a carcinogen.
Appears in 1 contract
Sources: Office Lease (Intraware Inc)
Use. The Premises shall be used and occupied by Tenant shall solely for general office purposes and for no other use or purpose whatsoever. Notwithstanding anything to the contrary in this Lease, in no event may the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premisesoperated as a culinary school. Tenant shall not do or permit anything to be done in or about abandon the Premises which will in any way interfere with during the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesTerm. Tenant shall comply at its expense with all present and future laws, ordinancesregulations, restrictions, regulationsrules, orders, rules statutes and requirements ordinances of any governmental or private entity in effect on or after the date of this Lease and applicable to the Project or the use or occupancy of the Project, including, without limitation, Hazardous Materials Laws, Building Rules and Encumbrances (collectively, “Laws”) relating to Tenant’s use or occupancy of the Premises (and make any repairs, alterations or improvements as required to comply with all governmental authorities such Laws; provided, however, that pertain Tenant will only be required to Tenant or its make structural repairs, alterations and improvements if the same are required by Laws as a result of Tenant’s manner of use of the Premises). Tenant will not use the Project or knowingly permit the Premises to be used in violation of any Laws or in any manner that would (a) violate any certificate of occupancy affecting the Project; (b) make void or voidable any insurance now or after the date of this Lease in force with respect to the Project; (c) cause injury or damage to the Project or to the person or property of any other tenant on the Project; (d) cause substantial diminution in the value or usefulness of all or any part of the Project (reasonable wear and tear excepted); or (e) constitute a public or private nuisance or waste. Tenant will obtain and maintain, including without limitation all federal and state occupational health and safety requirements, whether or not at Tenant’s compliance will necessitate expenditures or interfere with its sole cost and expense, all permits and approvals required under the Laws for Tenant’s use and enjoyment of the Premises. Without limiting the foregoing, the Premises shall not be used for educational activities, practice of medicine or any of the healing arts, providing social services, for the operation of a culinary school, for any governmental use (including embassy or consulate use), for any personnel agency or customer service office, for studios for radio, television or other media or for a travel agency or reservation center. Tenant shall comply at its expense with all present and future covenantsnot, conditionswithout the prior consent of Landlord, easements or restrictions now or hereafter affecting or encumbering (i) bring into the Building and/or Projector the Premises anything that may cause substantial noise, and any amendments odor or modifications theretovibration, including without limitation overload the payment by Tenant of any periodic or special dues or assessments charged against floors in the Premises or Tenant which may be allocated the Building or any of the heating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any part thereof; (ii) connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect to any electrical circuit in the Premises any equipment or Tenant other load with aggregate electrical power requirements in accordance with excess of eighty percent (80%) of the provisions thereofrated capacity of the circuit. Tenant shall promptly upon demand reimburse acknowledges that neither Landlord nor any agent, contractor or employee of Landlord has made any representation or warranty of any kind with respect to the Premises, the Building or the Project, specifically including, but not limited to, any representation or warranty of suitability or fitness of the Premises, Building or the Project for any additional insurance premium charged by reason of Tenant’s failure to comply with particular purpose. Tenant accepts the provisions of this SectionPremises, the Building and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancethe Project in an “AS IS - WHERE IS” condition.
Appears in 1 contract
Sources: Lease Agreement (Yelp! Inc)
Use. The Leased Premises are leased to Tenant solely for the Permitted Use set forth in Article 1.10 above and for no other purpose whatsoever. Tenant shall not use or occupy or permit the Leased Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by used or occupied, nor shall Tenant from all relevant and required governmental agencies and authorities. The parties agree that do or permit anything to be done in or about the Leased Premises nor bring or keep anything therein which will in any contrary use shall be deemed to way increase the existing rate of or affect any casualty or other insurance on the Building, the Project or any of their respective contents, or make void or voidable or cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to a cancellation of any other available remedy. Tenantinsurance policy covering the Building, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct Project or any part thereof or any of Tenant’s permitted use of the Premisestheir respective contents. Tenant shall not do or permit anything to be done in or about the Premises Leased Premises, the Building and/or the Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, Project or injure or annoy them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises, the Building and/or the Project. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Premises or Leased Premises, the Building and/or the Project. Tenant shall not perform any work or conduct any business whatsoever in use the Leased Premises, the Building and/or the Project or permit anything to be done in or about the Leased Premises, the Building and/or the Project which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the requirements of any Board of Fire Underwriters or other than inside similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the Premisescondition, use or occupancy of the Project, excluding structural changes not relating to or affected by Tenant’s improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not do place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or permit other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to be done anything which will invalidate or increase the cost structure of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.
Appears in 1 contract
Use. Tenant shall have the right to use, in common with others so entitled, all Common Areas associated with the Building and located in the Building or on the Property including all hallways, common lavatories, elevators, loading dock, freight elevator, access ways, walkways, courtyards and landscaped areas. Tenant shall have the right in common with others so entitled to use a proportionate share of the Building parking facilities for the parking of automobiles, it being understood and agreed by Tenant however that such parking is on an unreserved and unassigned basis and Landlord does not monitor or supervise use of said parking facilities. Tenant shall use the Premises only premises for the purposes stated in Item 3 of the Basic Lease Provisionsgeneral offices and other reasonable uses incidental and related thereto, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree provided that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or use, permit nor suffer anything to be done or anything to be brought into or kept in the premises or about on the Premises Property which will in Landlord's sole judgment occasions discomfort or annoyance to any way interfere with other tenants or occupants of the rights of other occupants Building and parking area or which may tend to impair the reputation or appearance of the Building or the Project, Property or use or allow tend to interfere with the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost proper and economic operation of any insurance policy(ies) covering the Building, parking area or the Project and/or their contentsProperty by Landlord, or which shall violate the Certificate of Occupancy for the Building or any law or regulation of any governmental body. Tenant covenants that it will move into the premises promptly at the commencement of the term hereof and, will continuously use and occupy the entire premises, throughout the term hereof, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present further covenants and future lawsagrees that, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged except temporarily by reason of Tenant’s failure casualty, taking or loss of access, if it vacates the premises or fails for a period in excess of thirty (30) consecutive days to comply with conduct its business therein at any time during the provisions term hereof, without the prior written consent of the Landlord, then all rent and escalation payments reserved in this Lease from the date of such breach to the expiration date of this Section, lease shall immediately become due and shall indemnify Landlord from any liability and/or expense resulting from payable by Tenant’s noncompliance.
Appears in 1 contract
Use. Tenant The Premises shall use the Premises be used only for the purposes stated Permitted Uses set forth in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws Information and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any for no other available remedyuses. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted 's use of the PremisesPremises shall be in compliance with and subject to all applicable governmental laws, ordinances, statutes, orders and regulations and any CC&R's or any supplement thereto recorded in any official or public records with respect to the Project or any portion thereof. In no event shall the Premises be used for any of the Prohibited Uses set forth on Exhibit E attached hereto. Tenant shall comply with the rules and regulations attached hereto as Exhibit F, together with such additional rules and regulations as Landlord may from time to time prescribe. Tenant shall not do commit waste, overload the floors or permit anything to be done in or about structure of the Premises, subject the Premises or the Project to any use which will in would damage the same or increase the risk of loss or violate any way interfere with insurance coverage, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the rights of Premises, take any action which would constitute a nuisance or would disturb, obstruct or endanger any other occupants tenants of the Building or the Project, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Tenant shall have the right to use for its employees and invitees, nor the parking areas on the Premises. Landlord shall not be responsible for non-compliance by any other tenant or occupant of the Project with, or Landlord's failure to enforce, any of the rules or regulations or any other terms or provisions of such tenant's or occupant's lease. Tenant permit shall promptly comply with the reasonable requirements of any nuisance board of fire insurance underwriters or commit other similar body now or hereafter constituted. Tenant shall not do any waste act which shall in any way encumber the title of Landlord in and to the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.
Appears in 1 contract
Sources: Single Tenant Industrial Lease (Griffith Micro Science International Inc)
Use. Tenant shall (a) Not to carry on any business or trade or profession whatsoever on the Premises or place or exhibit any notice board or notice on the Premises but to use the Premises only for as a single private residence only
(b) Not to use the purposes stated in Item 3 of Premises or permit the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals Premises to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed used for illegal or immoral purposes
(c) Not to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything or suffer to be done in or about on the Premises or any part thereof anything which will may in the reasonable opinion of the Landlord be or become a nuisance or annoyance or in any way interfere with the rights of other occupants quiet enjoyment of the Building owners or occupiers of the adjoining premises or the Project, Landlord
(d) Not to do or use or allow the Premises suffer to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in done on the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done their contents anything which will invalidate may make void or voidable any insurance of the Premises or increase the cost ordinary premium thereon and to repay to the Landlord all sums paid by way of increased premium and all expenses incurred by him in or about any renewal of any insurance policy(ies) covering such policy rendered necessary by a breach of this covenant and all such payments shall be added to the Building, the Project and/or their contents, Rent herein before reserved and shall be recoverable as Rent
(e) Not to keep or allow to be kept animals pets or livestock on the Premises without the Landlord's prior written consent (such consent not to be unreasonably withheld) provided that the Landlord shall be entitled to revoke any such content at any time)
(f) Not to keep or allow to be kept or use upon the Premises any heater or like equipment which requires gas paraffin or other liquid fuel or any combustible explosive offensive goods provisions or materials and to fully comply with all applicable insurance underwriters rules. Tenant shall fire precautions or fire regulations made by the Landlord or the appropriate Fire Authority
(g) Strictly observe and comply at its expense with (a) all present statutory requirements and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant regulations which may be allocated at any time apply to the Premises and/or this tenancy and (b) all directions of notices received from any Local Authority or Tenant in accordance Fire Authority and/or electricity water or gas supplier and allow access for all such repairs and works as are necessary and co-operate with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord and the Landlord's Agent
(h) Not to obstruct common passageways and staircases and hallway of the building nor place nor keep anything thereon or therein
(i) Not to leave the Premises vacant or unoccupied for a period in excess of 21 consecutive days without first giving written notice to the Landlord
(j) Ensure that whenever (or for however short a period) the Premises is left unattended all external doors and windows are properly secured by locks and other means provided by the Landlord including activating the burglar alarm (if any)
(k) Not to change any additional insurance premium charged by reason codes to the burglar alarm (if any) without first obtaining the express consent in writing of Tenant’s failure the Landlord or the Landlord's Agents
(l) Not to comply with play any musical instrument or sound reproduction equipment so that annoyance is caused to the provisions occupiers of this Section, any neighbouring premises and shall indemnify Landlord from in any liability and/or expense resulting from Tenant’s noncompliance.event not make any such noise so as to be audible outside the Premises between the hours of 10.00pm and 8.00am
Appears in 1 contract
Sources: Assured Shorthold Tenancy Agreement
Use. Tenant Subtenant shall use and occupy the Subleased Premises only for general office use and the purposes stated in Item 3 incidental storage of the Basic Lease Provisionsproducts Subtenant offers for sale to its customers (provided such products and the storage thereof complies, all in accordance every respect, with applicable laws the terms and restrictions conditions of this Sublease) and pursuant for no other purpose, notwithstanding anything to approvals the contrary set forth in the Prime Lease. Subtenant shall conduct its business operations in the Subleased Premises in a first class manner and so as not to disturb the quiet enjoyment or interfere with the business operations of any other tenant or occupant of the Building in which the Subleased Premises are located. Subtenant shall not commit or suffer to be obtained by Tenant committed any waste upon the Subleased Premises and agrees not to injure, overload, deface or otherwise damage the Subleased Premises. Subtenant shall not permit the emission of any objectionable noise, vibration, odor or fumes from all relevant and required governmental agencies and authorities. The parties agree that the Subleased Premises, nor make any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Subleased Premises which will in any way interfere with the rights of other occupants of the Building or the Projectis offensive, noxious, or use or allow the Premises liable to be used for any unlawful purpose, nor shall Tenant permit any create a nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the premiums for any insurance thereon maintained by Sublandlord and/or Prime Landlord. In its use and occupancy of the Subleased Premises, Subtenant shall comply, at Subtenant's sole cost and expense, with the requirements of all applicable zoning, building, fire, health and other codes, statutes, regulations, rules, orders, ordinances and laws of any insurance policy(ies) covering federal, state or local governmental or other public authority (including without limitation any requirements related to the Building, issuance of a certificate of occupancy for the Project and/or their contents, and Subleased Premises). Subtenant shall have 24 hour access to the Subleased Premises provided Subtenant shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present Sublandlord's security systems and future laws, ordinances, restrictions, regulations, orders, other rules and requirements of all governmental authorities that pertain regulations relating to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceSubleased Premises.
Appears in 1 contract