Use. Tenant shall use the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Property.
Appears in 2 contracts
Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With 100 Binney, Cambridge, MA/TCR2 Therapeutics Inc. - Page 12 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”). The number of control areas in the Premises shall comply with all applicable Legal Requirements. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall use 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 shall reimburse Landlord promptly upon demand for only the following use and purpose: general office purposes. Contemporaneously any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the execution provisions of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted Section or otherwise caused by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use and/or occupancy of the Premises. Tenant shall use and occupy the Premises in a careful, safe and careful manner, without committing proper manner and shall not commit or permitting permit waste, and Tenant shalloverload the floor or structure of the Premises, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over or subject the Premises applicable to use that would damage the use and occupancy Premises. Tenant shall not obstruct or interfere with the rights of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Propertythe Project, then upon Landlord’s requestincluding but not limited to, not conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises. Tenant shall not use or allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project, Tenant shall immediately cease not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such activity items through the Common Areas of the Project or install ventilating in the Project or other equipment sufficientBuilding elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in Landlord’s reasonable judgmentany manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to eliminate the disturbance. If Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant shall have access to the Premises, 24 hours per day, 7 days per week, 365 days per year, subject to the terms of this Lease and to compliance with such reasonable security or monitoring systems and procedures as Landlord may reasonably impose. 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 for which Tenant is responsible hereunder or related to Tenant’s particular use of the Premises increases the cost of Landlord’s Insurance or its Alterations (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Propertydefined in Section 12 below), then and Tenant shall reimburse indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store in connection with any merchandise outside failure of the Premises or in to comply with any way obstruct the sidewalks adjacent theretoLegal Requirement. (b) Intentionally omitted. ▇▇▇ ▇▇▇▇▇▇, or burn or place garbage▇▇▇▇▇▇▇▇▇, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Property.MA/TCR2 Therapeutics Inc. - Page 13
Appears in 2 contracts
Sources: Lease Agreement (Tcr2 Therapeutics Inc.), Lease Agreement (Tcr2 Therapeutics Inc.)
Use. Tenant shall use the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. The Tenant shall use and occupy the Demised Premises in for offices, warehousing and distribution of cosmetics, fragrances and personal care items, and for repackaging of cosmetics, fragrances and personal care items only, and for no other purpose. If Tenant desires to expand or change the aforementioned uses, Tenant shall not do so without first obtaining Landlord's written consent. Landlord agrees not to unreasonably withhold its consent, if the use is for warehousing only of products which are consumer products, and are non-hazardous and are not toxic pollutants. In all other events, Landlord may, for no reason or for any reason, not consent to a safe and careful mannerchange or expansion of use. It being a consideration of this Lease, without committing or permitting wastethat the use of the premises shall be limited, to those uses as otherwise hereinbefore specified, and Tenant shallmay not, use the premises for manufacturing or the warehousing of any product which is a hazardous substance as that term is more particularly hereinafter defined. Such use does not permit the stacking of merchandise or materials against the walls, so as to create a load or weight factor upon the walls, or to tie in, Tenant's racking systems with such walls, nor the hanging of equipment from (or otherwise loading) the roof or structural members of the building without the express written consent of the Landlord. The Tenant shall not use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in or on the Demised Property, in a manner which will in any way violate any Certificate of Occupancy affecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or which will make it impossible to obtain fire or other insurance required to be furnished by the Tenant hereunder, at Tenant’s sole cost regular rates, or which will cause or be likely to cause structural damage to the Building or any part thereto, or which will constitute a public or private nuisance, or which would adversely affect the then value thereof, and expense, conform shall not use or occupy or permit the Demised Premises to and obey all laws, ordinances, rules, be used or occupied in any manner which will violate any present or future laws or regulations and orders of any governmental bodies having jurisdiction over authority. Except for the Premises applicable to products contemplated by the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s requestpermitted uses in this Section 2.01, Tenant shall immediately cease not, during the term of this Lease store upon the premises, hazardous substances as that term may be defined from time to time by the New Jersey Department of Environmental Protection or, by the Federal Environmental Protection Agency pursuant to Section 311 of the "Federal Water Pollution Act, amendments of 1972" (33 U.S.C. Section 1321) and the list of toxic pollutants designated by Congress or the Environmental Protection Agency pursuant to Section 307 of that Act (33 U.S.C. Section 1317). The storage of products contemplated by the permitted uses in this Section 2.01 shall during the term of this Lease be in compliance with all applicable laws and regulations, whether federal, state or local, and whether environmental or otherwise. Nothing herein contained shall be deemed or construed to constitute a representation or guaranty by the Landlord that any specific business may be conducted in the Demised Premises or is lawful under the certificate of occupancy. In the event the Tenant cannot obtain the continued certificate of occupancy for the uses of the Demised Premises described in the first sentence of this Section 2.01, then in such activity or install ventilating or other equipment sufficientevent, in Landlord’s reasonable judgmentTenant shall have the right, prior to Tenant taking occupancy, to eliminate the disturbance. If Tenant’s use terminate this Lease; such right of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect termination in all events to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within be exercised no later than ten (10) days after demandfrom the date Landlord advises Tenant, TIME BEING OF THE ESSENCE, that the municipality will not issue the continued Certificate of Occupancy. Tenant shallacknowledges and recognizes that Tenant will have to undertake ordinary and usual improvements required by the municipality, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy conditionsuch as, but not limited to, in any event at least one (1) time per weekrack sprinklers, exit areas marked on the floor, exit signs, etc. If Tenant fails is required to provide for undertake other improvements in order to obtain the removal continued certificate of its rubbishoccupancy, such improvements specifically required by the municipality by reason of Tenant's peculiar use, and if the collective cost thereof is more than FIVE THOUSAND and NO/100 Dollars ($5,000.00), then Landlord may cause Tenant shall have the same right to terminate this Lease, such right to be removed and Tenant shall reimburse Landlord for exercised, in all events, within the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisanceten (10) day time period as heretofore provided, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyTIME BEING OF THE ESSENCE.
Appears in 2 contracts
Sources: Lease Agreement (Inter Parfums Inc), Lease Agreement (Jean Philippe Fragrances Inc)
Use. Tenant shall use the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. 2.01 Tenant shall use and occupy the Demised Premises in a safe for executive and careful manner, without committing or permitting waste, and general offices. Provided that Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of does not utilize any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy other portion of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s requestBuilding for such purpose, Tenant shall immediately cease also be able to utilize the Demised Premises for a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such activity recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or install ventilating or other equipment sufficientpart thereof) in the Building, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, only be able to utilize one (1) of said floors for such additional cost upon demandkitchen purposes. Tenant shall not display or store any merchandise outside of have the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated right to subsequently petition Landlord for rubbish removal by Landlord. Unless Landlord provides rubbish removal servicespermission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall reimburse Landlord be in the sole and absolute discretion of Landlord.
2.02 If any governmental license or permit shall be required for the cost thereof within ten (10) days after demandproper and lawful conduct of Tenant’s business in the Demised Premises, Tenant shallor any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, provide shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit.
2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the removal Building, Tenant’s use of its rubbish the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and when necessary as that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord.
2.04 In connection with any permissible cooking in the Demised Premises:
(a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices.
(b) Tenant shall use commercially reasonable efforts to keep the Demised Premises in a cleanfree from infestation of vermin and other pests.
(c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, safe and healthy to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but in any event at least one (1) time per week. If not the obligation to use self-help and ▇▇▇▇ Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demandas Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder.
(d) Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant will not permit agrees to maintain the Premises plumbing and waste lines in good order, repair and condition and to be vacant or abandoned or be used repair any damage resulting from any violation of this Article.
(e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of the Demised Premises. Tenant acknowledges that Landlord’s Propertydamages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall be entitled to enjoin Tenant from any violation of said provisions.
Appears in 2 contracts
Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Use. (a) Tenant shall use the Premises for only the following uses set forth in the Basic Lease Information, and shall not use and purpose: general office the Premises for any other purposes. Contemporaneously with Tenant shall be solely responsible for obtaining any necessary governmental approvals of such use. Except in the execution event of (1) an Abatement Event (as defined in and subject to Section 14(a) below), (2) damages to the Premises or Building by fire or other casualty (subject to Section 22 below), and subject to Landlord’s rights to (x) temporarily evacuate from (or prevent entry into) or all of the Building for (actual or potential) safety or security purposes, or drill purposes, (y) perform maintenance, repairs and improvements to the Site, Building or Premises, as otherwise provided in this Lease, and (z) exercise any other right or remedy in this Lease, Tenant shall provide Landlord with have access to the Building seven (7) days per week, twenty-four (24) hours per day.
(b) Neither the Premises nor any portion thereof may be used in any manner that (i) is unlawful, (ii) creates damage, waste or a letter in the form of Exhibit B attached hereto and made a part hereofnuisance, or (iii) that disturbs occupants of, or causes damage to, neighboring premises or properties. Tenant acknowledges shall not do, bring, or keep anything in or about the Premises that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City cause a cancellation of Middleburg Heights for Tenant’s use of any insurance covering the Premises. If the rate of any insurance carried by Landlord is increased as a result of Tenant’s use, Tenant shall use and occupy pay to Landlord within 30 days before the date Landlord is obligated to pay a premium on the insurance, or within 30 days after Landlord delivers to Tenant a certified statement from Landlord’s insurance carrier stating that the rate increase was caused solely by an activity of Tenant on the Premises as permitted in this Lease, whichever date is later, a safe sum equal to the difference between the original premium and careful mannerthe increased premium. Landlord reserves the right to prescribe the weight and position of all safes, without committing fixtures and heavy installations that Tenant desires to place in the Premises so as to distribute properly the weight, or permitting wasteto require plans prepared by a qualified structural engineer for such heavy objects, and Tenant shall, which shall be prepared at Tenant’s sole cost and expense.
(c) Tenant may bring bicycles into the Building subject to all provisions of this Lease, conform to including without limitation Sections 8(b), 12, 16(a) and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Property17.
Appears in 2 contracts
Sources: Standard Lease Agreement (Allbirds, Inc.), Standard Lease Agreement (Allbirds, Inc.)
Use. (a) Tenant shall use the Premises only for only the following Permitted Use (as defined in the Basic Lease Information). Tenant shall not occupy or use and purpose: general office purposesthe Premises, or permit any portion of the Premises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done that will in any way invalidate or increase the rate of insurance on the Building or its contents. Contemporaneously Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for any such insurance by reason of Tenant’s failure to comply with the execution provisions of this Paragraph. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, interfere with, annoy or disturb other tenants or interfere with Landlord in the management of the Building, the Property or the Park. Subject to Landlord’s maintenance, operation and repair obligations expressly set forth in this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy maintain the Premises in a clean, healthful and safe condition and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey will comply with all laws, ordinances, rulesorders, rules and regulations of all state, federal, municipal and orders of any governmental other agencies or bodies having jurisdiction over the Premises applicable to and governing the use and use, condition or occupancy of the Premises Premises, whether existing as of the Commencement Date or enacted subsequent thereto.
(b) If any governmental license or permit shall be required for the proper and any repairs or work performed on lawful conduct of Tenant’s business in the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s requestany part thereof, Tenant shall immediately cease duly procure and thereafter maintain such activity license or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate permit and submit the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect same to Landlord’s Property or the cost of insurance for any . Landlord agrees to cooperate with Tenant and to execute such applications, certificates and other tenant of Landlord’s Property, then documents as Tenant shall reimburse Landlord reasonably request in order for Tenant to procure or maintain any such other tenantlicense or permit, as provided that same is at no cost or expense to Landlord. Tenant shall at all times comply with the case may be, for terms and conditions of each such additional cost upon demandlicense or permit. Tenant shall not display at any time use or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent theretooccupy, or burn suffer or place garbage, rubbish, trash, merchandise, containers permit anyone to use or any other items outside of occupy the Premises, except in suitable containers therefor or do or permit anything to be done in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal servicesPremises, in any manner which event Tenant shall reimburse Landlord (i) violates the existing, permanent Certificate of Occupancy for the cost thereof within ten Premises; (10ii) days after demandcauses or is likely to cause injury to the Buildings or any equipment, Tenant shallfacilities or systems therein; (iii) constitutes a violation of the Legal Requirements; (iv) materially impairs the character, at reputation or appearance of the Buildings as Class A office Buildings; or (v) materially impairs the proper and economic maintenance, operation and repair of the Building and/or its sole cost and expenseequipment, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant facilities or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertysystems.
Appears in 2 contracts
Sources: Office Building Lease Agreement (Vivint Solar, Inc.), Office Building Lease Agreement (Vivint Solar, Inc.)
Use. Tenant shall use the Leased Premises for only the following use and purpose: general office purposes. Contemporaneously with , and for no other purpose without the execution prior written consent of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereofLandlord. Tenant acknowledges that Tenant has determined and verified that such will not use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and or occupy the Leased Premises in a safe and careful manner, without committing or permitting wastefor any unlawful purpose, and Tenant shall, at Tenant’s sole cost will comply with all present and expense, conform to and obey all future laws, ordinances, rulesregulations, regulations and orders of any the United States of America, the state in which the Leased Premises are located, and all other governmental bodies units or agencies having jurisdiction over the Property and the Leased Premises. Tenant agrees to operate its business in the Leased Premises applicable during the entire Term and to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, conduct its business in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demanda reputable manner. Tenant shall not display cause, maintain or store permit any merchandise outside storage on or about the Leased Premises, shall not commit or suffer any waste upon the Leased Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building. No use shall be made or permitted to be made of the Premises Leased Premises, nor acts done, which will increase the existing rate of insurance upon the Building or in cause the cancellation of any way obstruct insurance policy covering the sidewalks adjacent theretoBuilding, or burn any part thereof. Tenant shall not sell, or place garbagepermit to be kept, rubbishused, trash, merchandise, containers in or any other items outside of about the Leased Premises, except in suitable containers therefor in any article, which may be prohibited by the areas designated for rubbish removal by Landlordstandard form of fire insurance policy. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide comply with any and all requirements, pertaining to the Leased Premises, of any insurance organization or company, necessary for the removal of its rubbish as maintenance or reasonable fire and when necessary as required to keep public liability insurance covering the Premises in a cleanLeased Premises, safe Building and healthy condition, but in any event at least one (1) time per weekappurtenances. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for restrict the cost thereof immediately upon demandnumber of employees, including temporary workers, permitted in the Leased Premises to no more than allowed by the prevailing building code at any given time. Tenant will shall not permit place on any floor a load exceeding the Premises floor load per square foot, which such floor was designed to be vacant or abandoned or be used in any way which may be a nuisancecarry. Landlord shall have the right to prescribe the weight, annoyance or inconvenience or which may result in damage to Landlord or position and manner of installation of safes and other tenants of Landlord’s Propertyheavy equipment and fixtures.
Appears in 2 contracts
Sources: Standard Service Center Lease Agreement (Quality Systems Inc), Standard Service Center Lease Agreement (Quality Systems Inc)
Use. Tenant shall use the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises only for the uses set forth in a safe Article 1.G. of the Basic Lease Provisions and careful mannershall not use or occupy the Premises or permit the same to be used or occupied for any other purpose without the prior written consent of Landlord, without committing which consent may be given or permitting wastewithheld in Landlord’s sole and absolute discretion, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over agrees that it will use the Premises applicable in such a manner so as not to unreasonably interfere with or unreasonably infringe upon the use and occupancy rights of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by LandlordProject. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide promptly comply with all laws, statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the specific use or occupancy of the Premises by Tenant (as opposed to the general use of the Premises), and (ii) improvements installed or constructed in the Premises by or for the removal benefit of its rubbish as and when necessary as required Tenant. If Tenant permits more than six (6) people per one thousand (1,000) rentable square feet of the Premises to keep occupy the Premises in a cleanthe Tower at any time, safe Tenant acknowledges that the Project systems may not be sufficient for Tenant’s use of the Premises and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide Landlord shall have no liability or responsibility for the removal inadequacy of its rubbish, then Landlord may cause the same such systems. Tenant shall not do or permit to be removed done anything which would invalidate or increase the cost of any insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, and Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant’s failure to comply with the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants provisions of Landlord’s Propertythis Article 7.
Appears in 2 contracts
Sources: Standard Office Lease, Standard Office Lease (Coinstar Inc)
Use. Tenant Subtenant shall use the Sublease Premises solely for only the following use and purpose: general office purposesuse, dry laboratory (engineering), storage of dry goods only, research and development and other lawful uses reasonably related to or incidental to such specified uses, and otherwise subject to the terms and conditions of the Master Lease. Contemporaneously Such permitted uses referred to in the immediately preceding sentence must be consistent with first class life sciences project in Redwood City, California and in compliance with, and subject to, applicable laws. As and where the execution phrases “Permitted Use” and/or “First Class Life Sciences Projects” is/are used in the Master Lease, the same shall be deemed to refer to the uses referred to in the first sentence of this Lease, Tenant Section 3.2. Subtenant shall provide Landlord with a letter not store or use any reagents in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Sublease Premises. Tenant Subtenant’s business shall use be established and occupy conducted throughout the Premises term hereof in a safe and careful first-class manner. Subtenant shall not use the Sublease Premises for, without committing or permitting wastecarry on, and Tenant shallor permit to be carried on, at Tenant’s sole cost and expenseany offensive, conform noisy or dangerous trade, business, manufacture or occupation, nor permit any auction sale to and obey all lawsbe held or conducted on or about the Sublease Premises. Subtenant shall not do or suffer anything to be done upon the Sublease Premises which will cause structural injury to the Sublease Premises. If any act on the part of Subtenant, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to and/or the use and occupancy of the Premises and any repairs or work performed on the Sublease Premises by Tenant Subtenant shall cause, directly or at the request indirectly, any increase of Tenant. If TenantMaster Landlord and/or Sublandlord’s activities on the Premises produce gasesinsurance expense, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant expense shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal be paid by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof Subtenant to Sublandlord within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon Sublandlord’s demand. Tenant will No such payment by Subtenant shall limit Sublandlord in the exercise of any other rights or remedies, or constitute a waiver of Sublandlord’s right to require Subtenant to discontinue such act or use. Notwithstanding anything to the contrary contained in the Master Lease and/or this Sublease, Subtenant shall not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal of any Hazardous Materials (as defined in Section 5.3.1.1 of the Master Lease) on, in or about the Sublease Premises, or transport or permit the transportation of any such Hazardous Materials to or from the Sublease Premises, except for limited quantities used or stored at the Sublease Premises to be vacant or abandoned or be used and required in any way which may be a nuisanceconnection with the routine cleaning and maintenance of the Sublease Premises, annoyance or inconvenience or which may result and then only upon the written consent of Master Landlord and Sublandlord and in damage to Landlord or other tenants of Landlord’s Propertycompliance with applicable laws.
Appears in 2 contracts
Use. Tenant shall use the Premises only for only the following permitted use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter (as defined in the form of Exhibit B attached hereto and made a part Paragraph 1(h) hereof). Tenant acknowledges that Tenant has determined and verified that such will not occupy or use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of permit any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy portion of the Premises and to be occupied or used for any repairs business or work performed purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Premises Building or contents; and in the event that, by Tenant or at the request reason of acts of Tenant. If Tenant’s activities , there shall be any increase in the rate of insurance on the Premises produce gases, vapors, odors, smoke Building or residuary material disturbing contents created by Tenant's acts or conduct of business and then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase on demand and acceptance of such payment shall not constitute a waiver of any of Landlord's other rights provided herein. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, Landlord in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use management of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandBuilding. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep will maintain the Premises in a clean, healthful and safe condition and healthy conditionwill comply with all laws, but ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws relating to environmental hazards and, as set forth in any event at least one (1Subparagraph 8(c) time per week. If Tenant fails hereof, to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demandaccessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not permit to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to be vacant or abandoned or be used any of the foregoing items in any way which may be a nuisancethe preceding sentence, annoyance or inconvenience or which may result Tenant will maintain such permitted items in damage to Landlord or other tenants of Landlord’s Propertygood condition and repair at all times.
Appears in 2 contracts
Sources: Annual Report, Office Lease Agreement (Sonus Networks Inc)
Use. (a) Tenant shall use the Premises only for only the following Permitted Use. Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Project or contents; and purpose: general office purposes. Contemporaneously with in event that, by reason of acts of Tenant, there shall be any increase in rate of insurance on the execution Project or contents created by Tenant’s acts or conduct of this Lease, business then Tenant shall provide be deemed to be an Event of Default hereunder and Tenant hereby agrees to pay to Landlord with the amount of such increase within thirty (30) days of demand unless Tenant can cause, at its sole cost, the insurance increase to be fully eliminated, and acceptance of such payment shall not constitute a letter in the form waiver of Exhibit B attached hereto any of Landlord’s other rights provided herein. Landlord hereby agrees and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. based on what Landlord will obtain an occupancy permit from the City knows of Middleburg Heights for Tenant’s intended use of the Premises, the Permitted Use shall not increase Landlord’s fire insurance rates. Tenant shall use will conduct its business and occupy control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Project. Tenant will maintain the Premises in a clean and safe condition and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey will comply with all laws, ordinances, rulesorder, rules and regulations (state, federal, municipal and orders of any governmental other agencies or bodies having any jurisdiction over the Premises applicable thereof) with reference to the use and occupancy its specific manner of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases premises. Tenant will not, without the cost prior written consent of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant which consent shall not display be unreasonably withheld, conditioned or store delayed, paint, install lighting or decoration, or install any merchandise outside signs, window or door lettering or advertising media of any type on or about the exterior of the Premises or any part thereof. Should Landlord agree in writing to any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premisesforegoing items in the preceding sentence, Tenant will maintain such permitted item in good condition and repair at all times. Outside storage, including but not limited to trucks or other vehicles or equipment shelter, is prohibited without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant shall not permit its employees or invitees to transport or store any Hazardous Substance, except for standard office supplies and cleaning products, to, on or from the Project and/or Premises except in suitable containers therefor strict compliance with Environmental Law and shall promptly report to Landlord any spill or other discharge of any Hazardous Substance caused by Tenant, its employees or invitees which occurs (i) on the Premises or (ii) in the areas designated for rubbish removal by LandlordProject. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at promptly, following the occurrence of any such spill or discharge caused by Tenant, its sole cost employees or invitees, commence all such containment and expense, provide for the removal of its rubbish remediation activities as and when may be necessary as required to keep comply with Environmental Law. Tenant shall continue such remediation activities until the Premises have been restored to the condition in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for which they existed on the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyCommencement Date.
Appears in 2 contracts
Sources: Sublease (Encore Capital Group Inc), Sublease (Encore Capital Group Inc)
Use. Tenant The Premises shall use be used solely for the Premises for only Permitted Use set forth in the following use and purpose: general office purposes. Contemporaneously with the execution basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall provide reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with a letter in the form provisions of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted this Section or otherwise caused by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use and/or occupancy of the Premises. Tenant shall will use and occupy the Premises in a careful, safe and careful manner, without committing proper manner and will not commit or permitting permit waste, and Tenant shalloverload the floor or structure of the Premises, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over subject the Premises applicable to the use and occupancy of that would damage the Premises and any repairs or work performed on obstruct or interfere with the Premises by Tenant or at the request rights of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent 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 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’s Property, then upon Landlord’s request. Except as may be provided under the Work Letter, Tenant shall immediately cease such activity 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 install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, water beyond the existing capacity of the Project as proportionately allocated to eliminate the disturbance. If Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, 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) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises increases or Tenant’s Alterations) make any alterations or modifications to the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property Common Areas or the cost exterior of insurance for the Building that are required by Legal Requirements. Following the Commencement Date, Tenant, at its sole expense, shall make any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord alterations or such other tenant, as modifications to the case may be, for such additional cost upon demand. Tenant shall not display interior or store any merchandise outside the exterior of the Premises or in any way obstruct the sidewalks adjacent theretoProject that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s specific use or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside occupancy of the Premises. Notwithstanding any other provision herein to the contrary, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord 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 cost thereof within ten same (10including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) days after demand(collectively, Tenant shall, at its sole cost and expense, provide for the removal “Claims”) arising out of its rubbish as and when necessary as required or in connection with Legal Requirements related to keep Tenant’s specific use or occupancy of the Premises in a cleanor Tenant’s Alterations, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse indemnify, defend, hold and save Landlord for the cost thereof immediately upon demand. Tenant will not permit harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to be vacant comply with any Legal Requirement related to Tenant’s specific use or abandoned occupancy of the Premises or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of LandlordTenant’s PropertyAlterations.
Appears in 2 contracts
Sources: Lease Agreement (Ultragenyx Pharmaceutical Inc.), Lease Agreement (Dimension Therapeutics, Inc.)
Use. Tenant shall use the Premises only for only the following 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 purpose: general office purposesirreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Contemporaneously 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 knowingly do or permit anything to be done in or about the Premises which will in any way interfere with the execution rights of this Leaseother 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. Provided that Landlord has given Tenant written notice of any invalidity or increased cost of an insurance policy(ies) or of any applicable insurance underwriter’s rules and 30 days notice to “cure”, Tenant shall provide Landlord 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 a letter in the form of Exhibit B attached hereto and made a part hereofall applicable insurance underwriters rules. Tenant acknowledges 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 has determined or its use of the Premises, including without limitation all federal and verified that 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 existing covenants, conditions, easements or restrictions now affecting or encumbering the Building and/or Project, 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 also 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 some do not materially impair Tenant’s use is permitted and enjoyment of the Premises. Tenant shall, within five (5) business days after Landlord’s demand therefore; reimburse Landlord for any additional insurance premium charged by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City reason of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy Notwithstanding anything to the Premises contrary contained in a safe and careful mannerthis Section 5.1, without committing or permitting waste, and Tenant shall, at in the event Tenant’s sole cost obligation for compliance with all future and expense, conform to and obey all present laws, ordinances, rulesrestrictions, regulations regulations, orders, rules and orders requirements of any all governmental bodies having jurisdiction over authorities, and with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Premises applicable to Building and/or the use and occupancy of the Premises and any repairs or work performed Project, results in a “capital” improvement on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke part (or residuary material disturbing Tenant’s being obligated to reimburse Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s requestfor a “capital” improvement), Tenant shall immediately cease only be responsible for the amortized cost of such activity or install ventilating or other equipment sufficient“capital” improvement (amortized at a market cost of funds) over the useful life of said improvement during the Term, except in Landlord’s reasonable judgment, the event such obligation for a capital improvement is required due to eliminate the disturbance. If Tenant’s own particular use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant case Tenants shall reimburse Landlord be fully responsible for the cost thereof within ten (10) days after demand, Tenant shall, at its sole entire cost and expense, provide for the removal installation of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertysuch “capital” improvement).
Appears in 2 contracts
Use. Tenant shall may use the Premises only for only the following use Permitted Use, and purpose: general office purposes. Contemporaneously must comply with all applicable statutes, laws, ordinances, codes, orders, rules and regulations, as well as all requirements of any of Landlord's insurance providers, relating to the execution of this Leaseuse, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto condition and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall The Premises may not be used for any use and occupy which (i) is disreputable, creates fire hazards, or results in an increased rate of insurance on the Premises Building or its contents; (ii) would violate any covenant, agreement, term, provision or condition of this Lease or is in a safe and careful manner, without committing contravention of the certificate of occupancy or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable zoning ordinances pertaining to the use and occupancy Building; (iii) would alter, affect or interfere with or would overload the electrical, mechanical or HVAC systems or any other component of the Premises Building, or would exceed the floor load per square foot which the floor was designed to carry and any repairs which is allowed by law; or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient(iv) would, in Landlord’s reasonable 's judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct impair or tend to impair or exceed the sidewalks adjacent theretodesign criteria, structural integrity, character, reputation or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside appearance of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demandBuilding. 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, and Tenant will keep the Building and the Premises to be vacant free of any lien or abandoned claim imposed under any federal, state or be used in any way which may be a nuisancelocal environmental statute, annoyance law, ordinance, code, rule or inconvenience regulation. If, because of Tenant's acts, the rate of insurance on the Building or which may result in damage its contents increases, then such acts will constitute an Event of Default, Tenant must pay to Landlord the amount of such increase on demand, and acceptance of such payment will not waive any of Landlord's other rights. Tenant agrees to conduct its business and control its agents, employees, and invitees in such a manner as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of Landlord’s Propertythe Building.
Appears in 2 contracts
Sources: Lease Agreement (Paragon Financial Corp), Lease Agreement (Hotjobs Com LTD)
Use. (a) The Premises shall be used and occupied by Tenant for the use set forth in the Basic Lease Information and for no other purpose. Tenant shall, at Tenant's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the term regulating Tenant's specific of the Premises. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance, or which unreasonably disturbs other tenants of the Building, nor shall Tenant, its employees, agents or invitees damage the Premises, the Building or any portion of the Project, nor place or maintain any signs on or visible from the exterior of the Premises, or use any corridors, sidewalks or other areas outside of the Premises for storage or any purpose other than access to the Premises. Tenant shall have the exclusive right to exterior sign(s) adjacent to the Building, with such sign(s) installed at Tenant's expense and only with Landlord's prior consent, which shall not unreasonably be withheld, conditioned or delayed. Tenant shall not conduct any auction at the following use and purpose: general office purposesPremises. Contemporaneously with the execution Notwithstanding any other provision of this Lease, Tenant shall provide not use, keep or permit to be used or kept on the Premises any foul or noxious gas or substance, nor shall Tenant do or permit to be done anything in and about the Premises, either in connection with activities hereunder expressly permitted or otherwise, which would cause an increase in premiums payable under, or a cancellation of, any policy of insurance maintained by Landlord in connection with a letter the Building or the Project or which would violate the terms of any covenants, conditions or restrictions affecting the Building or the land on which it is located. Notwithstanding the foregoing or anything to the contrary contained in the form of Exhibit B attached hereto this Lease, Tenant shall not be responsible for compliance with any statutes, ordinances, rules, regulations, orders and made a part hereof. Tenant acknowledges requirements that Tenant has determined are not related specifically to Tenant's use and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. For example, if any governmental authority should require the Building or the Premises to be structurally strengthened against earthquake, or should require the removal of asbestos from the Premises and such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use or occupancy of the Premises, such work shall be performed by and at the sole cost of Landlord.
(b) Tenant shall use and occupy the Premises in a safe and careful mannerstrictly comply with all statutes, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations regulations, and orders of precautions now or hereafter mandated or advised by any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gasesfederal, vaporsstate, odors, smoke or residuary material disturbing to Landlord local or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) governmental agency with respect to Landlord’s Property the use, generation, storage, or disposal of hazardous, toxic, or radioactive materials (collectively, "Hazardous Materials") which Tenant has allowed or caused to be brought on or about the cost Premises, the Building or adjacent common area. As herein used, Hazardous Materials shall include, but not be limited to, those materials identified in Sections 66680 through 66685 of insurance for Title 22 of the California Code of Regulations, Division 4, Chapter 30, as amended from time to time, and those substances defined as "hazardous substances," "hazardous materials, "hazardous wastes," "chemicals known to cause cancer or reproductive toxicity," "radioactive materials," or other similar designations in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., 33 U.S.C. Section 1251 et seq., 42 U.S.C. Section 300(f) et seq., 42 U.S.C. 7401 et seq., California Health and Safety Code Section 25249.5 et seq., California Water Code Section 13000 et seq., California Health and Safety Code Section 39000 et seq. and any other tenant of Landlord’s Propertygovernmental statutes, then Tenant shall reimburse Landlord ordinances, rules, regulations, and precautions adopted pursuant to the preceding laws or such other tenantsimilar laws, as the case may be, for such additional cost upon demandregulations and guidelines now or hereafter in effect. Tenant shall not display cause, or store allow anyone else to cause, any merchandise outside Hazardous Materials to be used, generated, stored, or disposed of on or about the Premises or the Building other than reasonable quantities of office and cleaning supplies in their retail containers. Tenant shall defend (with counsel approved by Landlord), indemnify and hold Landlord, its members and its and their officers, directors, employees and agents, any way obstruct entity having a security interest in the sidewalks adjacent theretoPremises or the Building, and its and their employees and agents (collectively, "Indemnitees") harmless from and against all liabilities, claims, costs, damages, and depreciation of property value, including all foreseeable and unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage, or burn or place garbage, rubbish, trash, merchandise, containers disposal of Hazardous Materials by Tenant or any other items outside of the Premisesperson claiming under Tenant, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal servicesincluding, in which event Tenant shall reimburse Landlord for without limitation, the cost thereof within ten (10) days after demandof any required or necessary investigation, Tenant shallmonitoring, at its sole cost repair, cleanup, or detoxification and expense, provide for the removal preparation of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord closure or other tenants required plans, whether such action is required or necessary prior to or following the termination of Landlord’s Propertythis Lease, as well as penalties, fines and claims for contribution to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant. Neither the consent by Landlord to the use, generation, storage, or disposal of Hazardous Materials nor the strict compliance by Tenant with all statutes, laws, ordinances, rules, regulations, and precautions pertaining to Hazardous Materials shall excuse Tenant from Tenant's obligation of indemnification set forth above.
Appears in 2 contracts
Sources: Net Office Tech Lease (Silicon Energy Corp), Net Office Tech Lease (Silicon Energy Corp)
Use. Tenant shall not use or permit the Premises to be used for any purpose other than as general business offices of an information technology services company, in accordance with all Laws and in keeping with the standards of a first class industrial/office building. Tenant acknowledges that Landlord is making no representation or warranty as to Tenant’s ability to use the Premises for only the following its intended use and purpose: general office purposesTenant shall prior to executing this Offer perform such searches and satisfy itself that its use is permitted under all applicable Laws and that Tenant will be able to obtain an occupancy permit. Contemporaneously with In addition to and as ancillary to the execution of this Leaseforegoing, Tenant shall provide Landlord with be entitled to use a letter in the form portion of Exhibit B attached hereto and made Unit 5 as a part hereof. Tenant acknowledges that Tenant has determined and verified that such fitness facility for use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of employees only (the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed “Exercise Facility”) on the Premises following terms and conditions:
(i) the Exercise Facility shall not exceed approximately 3,000 square feet of Rentable Area of Unit 5 and shall be provided by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expenseexpense and shall be installed and operated otherwise in accordance with applicable Laws and the applicable provisions of the Lease;
(ii) Tenant shall be permitted to install a tread pool (“Tread Pool”) within the Exercise Facility, provide for the removal of its rubbish as and when necessary as required to keep the Premises which shall not exceed approximately 200 square feet in a cleansize. The Tread Pool shall be an above ground, safe and healthy conditionpre-fabricated unit, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed installed and maintained at Tenant’s sole expense by a reputable contractor who has received the prior written approval of Landlord, and Tenant shall reimburse thereafter be responsible for quarterly inspections of the Exercise Facility by an Approved Consultant (as defined in the Lease) to ensure there is no development of mold or other Hazardous Substances within the Premises as a result of the presence of the Tread Pool or the Exercise Facility. Tenant shall deliver to Landlord copies of its annual maintenance and quarterly inspection contracts for the cost thereof immediately upon demand. Exercise Facility and any service reports generated in connection therewith, including confirmation, satisfactory to Landlord, that all maintenance, repairs and/or replacements required or recommended by such service reports have been completed;
(iii) the Exercise Facility shall at all times be used and operated in a first class manner;
(iv) Tenant will shall take every reasonable precaution to ensure that the use and operation of the Exercise Facility does not permit the Premises disturb any other tenants or any other Persons permitted to be vacant on the Project and, for greater certainty, shall ensure no undue noises or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Property.vibrations emanate from the Premises;
Appears in 2 contracts
Sources: Multi Tenant Lease Agreement (PointClickCare Corp.), Lease Agreement (PointClickCare Corp.)
Use. Tenant shall use the Leased Premises for only the following use a distribution center, warehouse facility, fulfillment center and purpose: general office purposes. Contemporaneously with , and for no other purpose without the execution prior written consent of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereofLandlord. Tenant acknowledges that Tenant has determined will not use or occupy the Leased Premises for any unlawful purpose, and verified that such use is permitted by applicable zoning will comply with all present and other future laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use , ordinances, regulations, and orders of the United States of America, the state in which the Leased Premises are located, and all other governmental units or agencies having jurisdiction over the property and the Leased Premises. Tenant shall use and occupy not cause, maintain or permit any outside storage on or about the Premises in a safe and careful mannerLeased Premises, without committing shall not commit or permitting wastesuffer any waste upon the Leased Premises, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of or any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord nuisance or other tenants act or occupants thing which may disturb the quiet enjoyment of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant in the Building. No use shall be made or permitted to be made of Landlord’s Propertythe Leased Premises, then Tenant shall reimburse Landlord nor acts done, which will increase the existing rate of insurance upon the Building or such other tenantcause the cancellation of any insurance policy covering the Building, as the case may be, for such additional cost upon demandor any part thereof. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent theretosell, or burn permit to be kept, used, in or place garbage, rubbish, trash, merchandise, containers or any other items outside of about the Leased Premises, except in suitable containers therefor in any article which may be prohibited by the areas designated for rubbish removal by Landlordstandard form of fire insurance policy. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide comply with any and all requirements, pertaining to the Leased Premises, of any insurance organization or company, necessary for the removal of its rubbish as maintenance or reasonable fire and when necessary as required to keep public liability insurance covering the Premises in a cleanLeased Premises, safe Building and healthy condition, but in any event at least one (1) time per weekappurtenances. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for not place on any floor a load exceeding the cost thereof immediately upon demand. Tenant will not permit the Premises floor load per square foot which such floor was designed to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertycarry.
Appears in 2 contracts
Sources: Standard Industrial Lease Agreement (Innotrac Corp), Standard Industrial Lease Agreement (Innotrac Corp)
Use. Tenant shall may use the Premises only for only the following use Permitted Use, and purpose: general office purposes. Contemporaneously must comply with all applicable statutes, laws, ordinances, codes, orders, rules and regulations, as well as all requirements of any of Landlord's insurance providers, relating to the execution of this Leaseuse, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto condition and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall The Premises may not be used for any use and occupy other than the Premises Permitted Use which (i) is disreputable, creates fire hazards, or results in a safe and careful manneran increased rate of insurance on the Building or its contents; (ii) would violate any covenant, without committing agreement, term, provision or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders condition of any governmental bodies having jurisdiction over this Lease or is in contravention of the Premises applicable certificate of occupancy or zoning ordinances pertaining to the use and occupancy Building; (iii) would alter, affect or interfere with or would overload the electrical, mechanical or HVAC systems or any other component of the Premises Building, or would exceed the floor load per square foot which the floor was designed to carry and any repairs which is allowed by law; or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient(iv) would, in Landlord’s 's reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct impair or tend to impair or exceed the sidewalks adjacent theretodesign criteria, structural integrity, character, reputation or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside appearance of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demandBuilding. 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 Tenant will keep the Building and the Premises to be vacant free of any lien or abandoned claim imposed under any federal, state or be used local environmental statute, law, ordinance, code, rule or regulation. If, because of Tenant's acts (which are outside of the Permitted Use and have not been approved in any way which may be a nuisancewriting by Landlord), annoyance the rate of insurance on the Building or inconvenience or which may result in damage its contents increases, then such acts will constitute an Event of Default, Tenant must pay to Landlord the amount of such increase on demand, and acceptance of such payment will not waive any of Landlord's other rights. Tenant agrees to conduct its business and control its agents, employees, and invitees in such a manner as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of Landlord’s Propertythe Building.
Appears in 2 contracts
Sources: Lease Agreement (Coolsavings Com Inc), Lease Agreement (Coolsavings Com Inc)
Use. 6.1 The Demised Premises shall be used only for the purposes of “Tenant’s Use” as set forth in Section 1(h) hereof, and for no other purpose or purposes whatsoever.
6.2 Tenant shall use not do or permit to be done in or about the Premises for only Demised Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will 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, or which is prohibited by the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the standard form of Exhibit B attached hereto and made fire insurance policy, or will in any way increase the existing rate of or affect any fire or other insurance upon the Building or any of its contents, or cause a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders cancellation of any governmental bodies having jurisdiction over insurance policy covering the Premises applicable Building or any part thereof or any of its contents, or adversely affect or interfere with any services required to the use and occupancy of the Premises and be furnished by Landlord to Tenant, or to any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Propertythe Building, then upon Landlord’s request, Tenant shall immediately cease or with the proper and economical rendition of any such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandservice. Tenant shall not display do or store any merchandise outside of permit anything to be done in or about the Demised Premises or which will in any way obstruct or interfere with the sidewalks adjacent theretorights of other tenants of the Building, or burn injure or place garbageannoy them, rubbish, trash, merchandise, containers or any other items outside of use or allow the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Demised Premises to be vacant used for any improper, immoral, unlawful or abandoned objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Demised Premises or commit or suffer to be used committed any waste in, on or about the Demised Premises. If anything done, omitted to be done or suffered to be done by Tenant, or kept or suffered by Tenant to be kept in, upon or about the Demised Premises shall cause the rate of fire or other insurance on the Building in any way which may be a nuisance, annoyance or inconvenience or which may result in damage companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Building, Tenant shall pay the amount of any such increases. Tenant shall not cause or other tenants permit the use, generation, storage or disposal in or about the Demised Premises or the Building of any substances, materials or wastes subject to regulation under federal, state or local laws from time to time in effect concerning hazardous, toxic or radioactive materials, unless Tenant shall have received Landlord’s Propertyprior written consent, which Landlord may withhold or at any time revoke in its sole discretion.
Appears in 2 contracts
Sources: Gross Lease (ENDRA Life Sciences Inc.), Gross Lease (Endra Inc.)
Use. (a) Tenant shall will use and occupy the Premises for only General Office and for no other use or purpose. Tenant shall not suffer or permit the following use and purposePremises or any part thereof to be used in any other manner, or suffer or permit anything to be done or brought into or kept in the Premises, which would in any way: general office purposes. Contemporaneously (i) violate any law or requirement of public authorities; (ii) cause injury to the Building or any part thereof, (iii) interfere with the execution normal operations of air conditioning, ventilating, plumbing or other mechanical or electrical systems of the Building; (iv) constitute a public or private nuisance; (v) alter the appearance of the exterior of the Building or any portion of the interior other than the Premises pursuant to the provisions of this Lease; or (vi) commit such actions or inactions that generate a direct increase in Landlord's expenses to operate the Building in which the Premises are located, which cannot be fairly allocated amongst other tenants in the Building.
(b) Tenant shall not make any alterations or additions to the Premises, or install any high voltage or amperage electrical equipment or plumbing apparatus in the Premises, without the prior written consent of Landlord. If Tenant shall require special electrical, plumbing, maintenance or other special services or equipment during the Term, and Landlord consents thereto, Tenant agrees to pay for all installation costs and all expenses incurred in connection with Tenant's use of such special services and equipment.
(c) At the termination of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expenseLandlord's option, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over restore the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (its "as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof is" original condition within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per weekfrom Lease Termination. If Tenant fails to provide do so, Landlord shall charge Tenant for the removal of its rubbish, then Landlord may cause the same to be removed such work and Tenant shall reimburse Landlord for the cost thereof immediately pay such charge upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of demand by Landlord’s Property.
Appears in 2 contracts
Sources: Lease Agreement (Interactive Technologies Com LTD), Lease Agreement (Interactive Technologies Com LTD)
Use. (a) Tenant shall use the Premises only for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter Permitted Use (as defined in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the PremisesBasic Lease Information). 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 other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done that will in any way invalidate or increase the rate of insurance on the Building or its contents. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for any such insurance by reason of Tenant's failure to comply with the provisions of this Paragraph. Tenant will conduct its business and occupy control its agents, employees and invitees in such a manner as not to create any nuisance, interfere with, annoy or disturb other tenants or interfere with Landlord in the management of the Building, the Property or the Park. Tenant will maintain the Premises in a clean, healthful and safe condition and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey will comply with all laws, ordinances, rulesorders, rules and regulations of all state, federal, municipal and orders of any governmental other agencies or bodies having jurisdiction over the Premises applicable to and governing the use and use, condition or occupancy of the Premises Premises, whether existing as of the Commencement Date or enacted subsequent thereto.
(b) If any governmental license or permit shall be required for the proper and any repairs or work performed on lawful conduct of Tenant's business in the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s requestany part thereof, Tenant shall immediately cease duly procure and thereafter maintain such activity license or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate permit and submit the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect same to Landlord’s Property or the cost of insurance for any . Landlord agrees to cooperate with Tenant and to execute such applications, certificates and other tenant of Landlord’s Property, then documents as Tenant shall reimburse Landlord reasonably request in order for Tenant to procure or maintain any such other tenantlicense or permit, as provided that same is at no cost or expense to Landlord. Tenant shall at all times comply with the case may be, for terms and conditions of each such additional cost upon demandlicense or permit. Tenant shall not display at any time use or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent theretooccupy, or burn suffer or place garbage, rubbish, trash, merchandise, containers permit anyone to use or any other items outside of occupy the Premises, except in suitable containers therefor or do or permit anything to be done in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal servicesPremises, in any manner which event Tenant shall reimburse Landlord (i) violates the existing, permanent Certificate of Occupancy for the cost thereof within ten Premises; (10ii) days after demandcauses or is likely to cause injury to the Building or any equipment, Tenant shallfacilities or systems therein; (iii) constitutes a violation of the Legal Requirements; (iv) materially impairs the character, at reputation or appearance of the Building as Class A office Buildings; or (v) materially impairs the proper and economic maintenance, operation and repair of the Building and/or its sole cost and expenseequipment, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant facilities or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertysystems.
Appears in 2 contracts
Sources: Office Building Lease Agreement (Imergent Inc), Office Building Lease Agreement (Aradyme Corp)
Use. Tenant shall use the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant Subtenant shall use and occupy the Sublease Premises only for the purposes permitted under, and in a safe manner consistent with, the provisions of the Master Lease. Subtenant will pay for any damage to any part of the Sublease Premises, Building or Center, subject to any applicable waiver of subrogation provision, if (i) caused by any act or omission by Subtenant or Subtenant’s employees, agents, licensees, contractors or invitees and careful manner(ii) Sublandlord would be required to pay for such damage under the Master Lease. Subtenant will comply with applicable provisions of the Master Lease and the Center’s Rules and Regulations and will not cause anywhere in the Center, Building or permit in the Sublease Premises, (i) any activity or thing contrary to applicable law, ordinance, regulation, restrictive covenant, or insurance regulation; or which is in any way immoral or extra hazardous or could jeopardize the coverage of normal insurance policies or increase their cost; (ii) waste or nuisance, or any activity causing odors perceptible outside the Sublease Premises; or (iii) overloading the floors or the structural or mechanical systems of the Building. Subtenant shall not erect or place any item in or upon the areas outside the Sublease Premises, except as expressly provided in this Sublease. Subtenant shall not erect or place any item (including, without committing limitation, signs) in, upon or permitting wastevisible from the exterior of the Building without the consent of Master Landlord and Sublandlord, and Tenant shall, except as expressly provided in this Sublease. Subtenant shall at TenantSubtenant’s sole cost and expenseexpense faithfully observe and promptly comply with all local, conform to state and obey all federal laws, ordinancesstatutes, ordinances and governmental resolutions, orders, rules, regulations and orders requirements now in force or which may hereafter be in force with respect to Subtenant’s use, occupancy or possession of the Sublease Premises and Subtenant’s business conducted in the Sublease Premises and with the requirements of any governmental bodies having jurisdiction over board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the Premises applicable to the condition, use and or occupancy of the Premises and Sublease Premises. Subtenant shall also comply with any repairs covenant, condition or work performed on restriction affecting the Premises by Tenant or at Building. Subtenant’s obligations under this Paragraph 8 will survive the request termination of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertythis Sublease.
Appears in 2 contracts
Sources: Sublease Agreement (Avanir Pharmaceuticals), Sublease Agreement (Tenby Pharma 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 shall not be unreasonably withheld, conditioned or delayed. In no event shall Landlord be required to consent to a change in the Permitted Use that, in Landlord's reasonable judgment, is inconsistent with the Building's status as a Class A office building in Nassau County, New York.
5.02. Tenant shall not use or permit the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use Demised Premises or any part thereof in any way that would violate the Permitted Use or any of the covenants, agreements, terms, provisions and occupy conditions of this Lease or for any unlawful purpose or in any unlawful manner or in violation of the Certificate of Occupancy for the Demised Premises in a safe and careful manner, without committing or permitting wastethe Building, and Tenant shallshall not suffer or permit the Demised Premises or any part thereof to be used in any manner, at Tenant’s sole cost or anything to be done therein or anything to be brought into or kept therein, that, in the reasonable judgment of Landlord, in any way impairs or tends to impair the character, reputation or appearance of the Building as a high quality office building, impairs or interferes with, or tends to impair or interfere with, any of the Building services or the proper and expenseeconomic heating, conform cleaning, air-conditioning, ventilating or other servicing of the Building or the Demised Premises, or impairs or interferes with, or tends to and obey all lawsimpair or interfere with, ordinances, rules, regulations and orders the use of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and other areas of the Building by, or occasions material discomfort, inconvenience or annoyance of, any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of the Building, or increases, or tends to increase, Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate 's costs of operating the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandBuilding. Tenant shall not display install any electrical or store other equipment of any merchandise outside kind that, on the reasonable judgment of the Premises Landlord, might cause any such impairment, interference, discomfort, inconvenience or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlordannoyance. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within Upon ten (10) days after demandwritten notice to Tenant (except in the case which Landlord, Tenant shallin its reasonable discretion, deems a bona fide emergency, in which case no notice is required) Landlord shall be permitted to take such "peaceable" actions as Landlord reasonably deems necessary to obtain Tenant's compliance with this Section including, without limitation, removal at its Tenant's sole cost and expenseexpense of any installations of Tenant that violate the terms of this Section in Landlord's judgment.
5.03. Landlord shall at all times comply with all applicable federal, provide state and local laws with respect to the Building and the Property. If any governmental license or permit, other than a Certificate of Occupancy for the removal of its rubbish as and when necessary as Building, shall be required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal proper and lawful conduct of Tenant's business in the Demised Premises or any part thereof, Tenant at its rubbish, then Landlord may cause expense shall procure and maintain and comply with the terms and conditions of such license or permit and submit the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyinspection.
Appears in 2 contracts
Sources: Lease Agreement (1 800 Flowers Com Inc), Lease Agreement (1 800 Flowers Com Inc)
Use. The demised premises shall be continuously used by Tenant, but only for the purpose of receiving, storing. shipping and selling (other than at retail) products, materials and merchandise made and/or distributed by Tenant shall use the Premises and for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premiseslawful purposes as may be incidental thereto. Tenant shall use at its own cost and occupy expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the Premises in a safe areas not specifically designated on Exhibit B (unless such other areas are designated by Landlord to be common parking areas) and careful mannerthe outside storage of any property (including, without committing or permitting wastelimitation, over-night parking of trucks and other vehicles) are prohibited without Landlord's prior written consent. Tenant shall, at Tenant’s sole cost shall comply with all governmental laws. ordinances and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use of the premises and its occupancy thereof, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in of upon, or connected with, the premises, all at Tenant's sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the premises must be altered to lawfully accommodate Tenant's use and occupancy of thereof, such alterations shall be made only with the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants consent of Landlord’s Property, then upon Landlord’s requestbut the entire cost thereof shall be borne by Tenant; provided, Tenant shall immediately cease such activity or install ventilating or other equipment sufficientthat, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost necessity of Landlord’s Insurance (as hereinafter defined) 's consent shall in no way create any liability against Landlord for failure of Tenant to comply. or alter the premises to comply, with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandlaws. ordinances and regulations. Tenant shall not display permit any objectionable or store unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any merchandise outside other action which would constitute a nuisance or would disturb or endanger any other tenants of the Premises building in which the premises are situated or in unreasonably interfere with such tenants' use of their respective premises or permit any way obstruct use which would adversely affect the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside reputation of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, building in which event the premises are situated. Without Landlord's prior written consent, Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demandnot receive, Tenant shallstore or otherwise handle any product, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demandmaterial or merchandise which is explosive or highly flammable. Tenant will not permit the Premises premises to be vacant or abandoned or be used for any purpose (including, without limitation, the storage of merchandise) in any way manner which may be a nuisancewould render the insurance thereon void or increase the insurance rite thereof, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyand Tenant shall immediately cease and desist from such use, paying all cost and expense resulting from such improper use.
Appears in 1 contract
Use. Tenant shall agrees to use the Premises for only in a safe, careful and proper manner, and to comply, at Tenant's expense, with all Laws applicable to Tenant's use, occupancy or alteration of the following Premises and with any Laws that require any alterations to the Building due to Tenant's status under such Laws, including without limitation, the ADA. If due to the nature or manner of any use and purpose: general office purposes. Contemporaneously or occupancy of the Premises by Tenant, any improvements or alterations to the Premises or Building are required to comply with any Laws, or with requirements of Landlord's insurers, then Tenant will pay all costs of the execution of this Leaserequired improvements, Tenant shall provide Landlord with a letter alterations or changes in the form of Exhibit B attached hereto and made a part hereofservices. Tenant acknowledges that will not keep anything on the Premises for any purpose which increases the insurance premium cost or invalidates any insurance policy carried on the Premises by Landlord. Tenant has determined will pay, as Rent and verified that upon demand of Landlord, any such increased premium cost due to Tenant's use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use or occupation of the Premises. Tenant shall use and occupy will not cause, maintain or permit any nuisance or waste in or about the Premises. In addition, except as expressly provided otherwise in the Lease, Tenant will keep the Premises in a safe and careful manner, without committing or permitting wastefree of debris, and Tenant shallanything of a dangerous, at Tenant’s sole cost and expensenoxious, conform to and obey all lawstoxic or offensive nature or which could create a fire hazard or undue vibration, ordinancesheat, rulesnoise, regulations and orders fumes, vapors or odors. If any item of any governmental bodies having jurisdiction over equipment, building material or other property brought into the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises Building by Tenant or at the on Tenant's request of Tenant. If Tenant’s activities on the Premises produce gasescauses a dangerous, vaporsnoxious, odors, smoke toxic or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, offensive effect (including an environmental effect) and in Landlord’s 's reasonable judgment, opinion such effect will not be permanent but will only be temporary and is able to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Propertybe eliminated, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall will not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as be required to keep the Premises in a cleanremove such item, safe provided that Tenant promptly and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same diligently causes such effect to be removed eliminated. pays for all costs of elimination and Tenant shall reimburse indemnifies Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyagainst all liabilities arising from such effect.
Appears in 1 contract
Sources: Lease Agreement (Ilx Lightwave Corp)
Use. Tenant The Premises shall use be used solely for the Premises for only Permitted Use set forth in the following use and purpose: general office purposes. Contemporaneously with the execution basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk (being understood that the Permitted Use as defined in this Lease will not increase the insurance risk), or cause the disallowance of any sprinkler or other credits. Tenant shall provide reimburse Landlord with a letter in the form promptly upon demand for any additional premium charged for any such insurance policy by reason of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant shall will use and occupy the Premises in a careful, safe and careful manner, without committing proper manner and will not commit or permitting permit waste, and Tenant shalloverload the floor or structure of the Premises, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over subject the Premises applicable to the use and occupancy of that would damage the Premises (reasonable wear and any repairs tear excepted) or work performed on obstruct or interfere with the Premises by Tenant or at the request rights of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent 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 that would overload the floor 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, not to be unreasonably withheld. Tenant shall not, without the prior written consent of Landlord (which consent shall not be unreasonably withheld), 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 ▇▇▇▇▇▇’s Property, then upon Share as usually furnished for the Permitted Use. Tenant acknowledges that ▇▇▇▇▇▇▇▇’s business operations are proprietary to Landlord’s request. Absent prior written consent from Landlord, Tenant shall immediately cease hold confidential and will not disclose to third parties, and shall require all Tenant Parties to hold confidential and not disclose to third parties, information regarding the systems, controls, equipment, programming, vendors, tenants, and specialized amenities of Landlord. Notwithstanding the foregoing, Tenant may disclose such activity or install ventilating information (x) to Tenant’s employees, board of directors, committees, lenders, investors, third parties, consultants and advisors as reasonably required in the ordinary course of Tenant’s operations, provided that Tenant shall request that such parties treat the information as confidential, and (y) for compliance with a valid order of a court or other equipment sufficientgovernmental body having jurisdiction, in Landlord’s reasonable judgmentor any law, statute, or regulation. Tenant, at its sole expense, shall make any alterations or modifications to eliminate the disturbance. If interior of the Premises that are required by Legal Requirements related to Tenant’s use or occupancy of the Premises. 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 to the extent related to Tenant’s specific use of the Premises increases the cost of Landlord’s Insurance or Alterations (as hereinafter defineddefined in Section 12), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement. Nothing contained in this Lease shall (i) with respect confer upon the Tenant the exclusive right to Landlord’s Property sell or provide in the cost Project any of insurance for the products or services (if allowed under the Permitted Use) permitted to be sold or provided from the Premises, nor (ii) prevent the Landlord from leasing any other tenant of Landlord’s Propertypremises in the Project to any other tenant(s) carrying on a business which is similar in whole or in part to the Permitted Use. Furthermore, then the present Lease may not be interpreted in a way which would make it conditional to Tenant shall reimburse Landlord obtaining, from any applicable authorities, a permit, consent or such other tenant, as authorization related to the case may be, for such additional cost upon demandPermitted Use. Tenant shall not display or store any merchandise outside thus be solely responsible to obtain, at its cost, all necessary permits, consents and authorizations necessary to its occupation of the Premises or in any way obstruct and the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside carrying out of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyPermitted Use.
Appears in 1 contract
Use. Tenant shall use the Premises for only general office, banking and other related purposes incident thereto, and shall not use or permit the following Premises to be used for any other purpose without the prior written consent of Landlord, which will not be unreasonably withheld. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall by reason of the nature of Tenant's use and purpose: general office purposesor 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; provided, however, that Tenant shall not be required to make any structural alterations or improvements to the Premises unless such alterations or improvements are required solely as a result of any other alterations or improvements to the Premises made by Tenant. Contemporaneously 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 execution rights of this Leaseother tenants or occupants of the Building, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, or unlawful purpose, nor shall Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy cause, maintain or permit from the City of Middleburg Heights for Tenant’s use of any nuisance in, on or about the Premises. Tenant shall use not commit or suffer to be committed any waste in or upon the Premises and occupy shall keep the Premises in a safe first class repair and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandappearance. Tenant shall not display or store any merchandise outside place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified in the Building by ▇▇▇▇▇▇▇▇'s architect with the partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all safes, files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof. Further, Tenant's business machines and mechanical equipment which cause vibration or in any way obstruct noise that may be transmitted to the sidewalks adjacent thereto, Building structure or burn or place garbage, rubbish, trash, merchandise, containers or to any other items outside of the Premises, except in suitable containers therefor space in the areas designated for rubbish removal Building shall be so installed, maintained and used by LandlordTenant as to eliminate such vibration or noise. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord be responsible for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as all structural engineering required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertydetermine structural load.
Appears in 1 contract
Use. Tenant shall intends to use the Second Floor Premises for only a private fitness studio that will include group classes. Landlord has conditionally granted Tenant the right to use the Second Floor Premises for such use, provided Tenant complies with the following use and purposeconditions: general office purposes. Contemporaneously (i) Tenant substantially complies with the execution Space Plans and Build-Out Plans set forth in Section 4 herein, which Build-Out Plans shall incorporate the use of sound attenuation materials so as to avoid unnecessary interference of other tenants in the building; (ii) Tenant will promptly make a schedule of the weekly classes held in the Second Floor Premises available to Landlord upon reasonable request; (iii) without limiting any other provision of this Lease, Tenant shall provide Landlord with not cause or permit noise or music to emanate from the Second Floor Premises in such a letter manner that, in the form reasonable opinion of Exhibit B attached hereto Landlord, interferes with the quiet enjoyment of other tenants within the Building, provided, however, that so long as Tenant incorporates sound attenuation material into the Build-Out Plans and made a part hereof. operates the Second Floor Premises in accordance with the Baseline Weekly Plan, Tenant acknowledges that shall be presumed to be in compliance with the foregoing provisions of this Amendment: and (iv) Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit at all times refrain from the City placement of Middleburg Heights for Tenant’s equipment or installations within the Second Floor Premises that produce vibration within the premises of any other tenant in the Building in excess of Modified Mercalli Intensity Level I (Instrumental). For the purposes of this Section, the term Baseline Weekly Plan shall mean the class schedule utilized by Vapotherm as of the Effective Date, incorporated herein as Exhibit B. Landlord acknowledges such Baseline Weekly Plan was submitted by Tenant and approved by Landlord as of the Effective Date. Notwithstanding the foregoing, if despite the foregoing provisions Landlord determines in its reasonable discretion that the use of the Premises. Tenant shall use and occupy the Second Floor Premises in is creating a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or nuisance for other tenants or occupants of Landlord’s Property, then upon Landlord’s requestwithin the Building, Tenant shall immediately cease reasonably cooperate with Landlord in amending its schedule of weekly classes, including, if applicable, the Baseline Weekly Plan, or taking such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, measures as may be required to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect address such nuisance to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertysatisfaction.
Appears in 1 contract
Sources: Lease Agreement (Vapotherm Inc)
Use. (a) Tenant shall use the Premises only for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter Permitted Use (as defined in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the PremisesBasic Lease Information). 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 other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manor or extra hazardous on account of fire, nor permit anything to be done that will in any way invalidate or increase the rate of insurance on the Building or its contents. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for any such insurance by reason of Tenant's failure to comply with the provisions of this Paragraph. Tenant will conduct its business and occupy control its agents, employees and invitees in such a manner as not to create any nuisance, interfere with, annoy or disturb other tenants or interfere with Landlord in the management of the Building, the Property or the Park. Tenant will maintain the Premises in a clean, healthful and safe condition and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey will comply with all laws, ordinances, rulesorders, rules and regulations of all state, federal, municipal and orders of any governmental other agencies or bodies having jurisdiction over the Premises applicable to and governing the use and use, condition or occupancy of the Premises Premises, whether existing as of the Commencement Date or enacted subsequent thereto.
(b) If any governmental license or permit shall be required for the proper and any repairs or work performed on lawful conduct of Tenant's business in the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s requestany part thereof, Tenant shall immediately cease duly procure and thereafter maintain such activity license or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate permit and submit the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect same to Landlord’s Property or the cost of insurance for any . Landlord agrees to cooperate with Tenant and to execute such applications, certificates and other tenant of Landlord’s Property, then documents as Tenant shall reimburse Landlord reasonably request in order for Tenant to procure or maintain any such other tenantlicense or permit, as provided that same is at no cost or expense to Landlord. Tenant shall at all times comply with the case may be, for terms and conditions of each such additional cost upon demandlicense or permit. Tenant shall not display at any time use or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent theretooccupy, or burn suffer or place garbage, rubbish, trash, merchandise, containers permit anyone to use or any other items outside of occupy the Premises, except in suitable containers therefor or do or permit anything to be done in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal servicesPremises, in any manner which event Tenant shall reimburse Landlord (i) violates the existing, permanent Certificate of Occupancy for the cost thereof within ten Premises; (10ii) days after demandcauses or is likely to cause injury to the Building or any equipment, Tenant shallfacilities or systems therein; (iii) constitutes a violation of the Legal Requirements; (iv) materially impairs the character, at reputation or appearance of the Building as Class A office Buildings; or (v) materially impairs the proper and economic maintenance, operation and repair of the Building and/or its sole cost and expenseequipment, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant facilities or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertysystems.
Appears in 1 contract
Sources: Lease Agreement (Netgateway Inc)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for only the following use purpose of general office, and storage uses necessary for Tenant to conduct Tenant’s business, provided that such uses shall be in accordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purpose: general office purposes. Contemporaneously Tenant shall not do or permit to be 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, or will cause a cancellation of any insurance covering the Premises or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises which will in any way obstruct or interfere with the execution rights of other tenants or occupants of the Premises or neighboring premises 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 cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other 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 in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where 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. 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 indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys’ fees, or liability arising out of failure of Tenant to comply with any applicable law for which Multi Tenant/Single Parcel Page 1 of 23 Initial: BUILDING: West Bayshore PROPERTY: 40-0002 UNIT: 2 LEASE ID: 0002-OPTI01-01 Tenant is obligated to comply under the terms of this Lease, . Tenant shall provide Landlord comply with a letter in any covenant, condition, or restriction (“CC&R’s”) affecting the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Premises which regulates Tenant’s use of the Premises. Tenant The provisions of this Paragraph are for the benefit of Landlord only and shall use and occupy not be construed to be for the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders benefit of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside occupant of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Property.
Appears in 1 contract
Sources: Lease Agreement (Opti Inc)
Use. Tenant shall use the Premises only for only the following permitted use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter (as defined in the form of Exhibit B attached hereto and made a part hereofparagraph 1(g)). Tenant acknowledges that Tenant has determined and verified that such will not occupy or use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of permit any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy portion of the Premises and to be occupied or used for any repairs business or work performed purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the building or contents. If Tenants occupancy causes any increase in the rate of insurance on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing agrees to pay to Landlord the amount of such increase on demand and such increase shall be Additional Rental. Tenant will conduct its business and control its vendors; subcontractors; agents; employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, the Landlord in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside management of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demandProject, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep will maintain the Premises in a clean, healthful and safe condition and healthy conditionwill comply with all laws, but in ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any event at least one (1jurisdiction thereof) time per week. If Tenant fails with reference to provide for the removal use, condition or occupancy of its rubbishPremises, then Landlord may cause the same to be removed and Tenant shall reimburse not, without the prior express written consent of the Landlord do any of the following: (i) install or remove: partitions, electrical system components, or any part of the ceiling system (except for replacing damaged ceiling tiles), (ii) alter the cost thereof immediately upon demandplumbing fixtures, (iii) install or modify HVAC components (except for any required repairs), (iv) paint, install lighting or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises. Access to the roof of the Premises is strictly limited to maintenance and repair activity by Landlord or qualified repair contractors approved in advance by Landlord. Tenant will not permit (including its employees, vendors, subcontractors, agent and invitees) shall make no penetrations of the roof, party walls or exterior walls for any reason without Landlord's advance written consent. All alterations to the Premises to that are approved by Landlord shall be vacant or abandoned or be used maintained in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertygood repair and operating condition.
Appears in 1 contract
Sources: Lease Agreement (Ramp Corp)
Use. Tenant shall occupy and use the Premises only for only the following use Permitted Use and purpose: general office purposes. Contemporaneously shall comply with all Laws relating to the execution of this Leaseuse, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto condition, access to, and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall not conduct regular second or third shift operations within the Premises; however, Tenant may use and occupy the Premises in a safe after normal business hours, so long as Tenant is not routinely conducting business from the Premises after normal business hours. Normal business hours as used herein shall mean the hours between 6:00 am and careful manner6:00 pm, without committing or permitting wasteMonday through Friday, and between 8:00 am and 1:00 pm Saturday, holidays excepted; provided however, that Landlord acknowledges and agrees that the nature of Tenant’s business operations requires, and Tenant shallwill at all times (24 hours a day, at Tenant’s sole cost and expense365 days a year) maintain, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed not less than two (2) staff personnel on the Premises by for monitoring of the Server Room and responding to client service calls (herein the “After Hours Staff”). Landlord further acknowledges that, from time to time, a limited number of employees of Tenant may work after-hours from the Premises to complete work-related projects on a temporary, as-needed basis. Other than the After Hours Staff, all persons entering or leaving the Complex between the hours of 6:00 pm and 6:00 am, Monday through Friday, or after 1:00 pm Saturday, or at the request any time on Sundays or holidays, may be required to do so under such reasonable regulations as Landlord may impose. Landlord my exclude or expel any peddler or solicitor. The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of Tenant. If Tenant’s activities insurance on the Premises produce gasesComplex or its contents, vaporsor for the storage of any Hazardous Materials. If, odorsbecause of a Tenant Party’s acts, smoke the rate of insurance on the Complex or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Propertyits contents increases, then upon Landlord’s requestsuch acts shall be an Event of Default, Tenant shall immediately cease pay to Landlord the amount of such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof increase within ten (10) days after Landlord’s demand, Tenant shall, at its sole cost and expense, provide for the removal acceptance of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in such payment shall not waive any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyother rights. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Complex. Landlord acknowledges and agrees that (i) Tenant shall be permitted to supply food and beverages for Tenant’s employees and invitees through vending machines on and in the Premises and/or from off-site catering services; (ii) such food/beverage supply and service does not violate any current lease exclusive or restrictive agreements; and (iii) Landlord shall not enter into any exclusive or restrictive agreement that could prohibit or otherwise impair Tenant’s supply of food/beverages for Tenant’s employees and invitees on the Premises through off-site catering or on-site vending machines.
Appears in 1 contract
Sources: Office Lease Agreement (Cray Inc)
Use. Tenant shall use the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises only for the use set forth in a safe Article 1.G. of the Basic Lease Provisions and careful mannershall not use or occupy the Premises or permit the same to be used or occupied for any other purpose without the prior written consent of Landlord, without committing which consent may be given or permitting wastewithheld in Landlord's sole and absolute discretion, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over agrees that it will use the Premises applicable in such a manner so as not to unreasonably interfere with or infringe the use and occupancy rights of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by LandlordProject. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide promptly comply with all laws, statutes, ordinances and governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises or the Project excluding structural changes to the Project not related to Tenant's particular use of the Premises, and (ii) improvements installed or constructed in the Premises by or for the removal benefit of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per weekTenant. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same shall not do or permit to be removed done anything which would invalidate or increase the cost of any fire and extended coverage insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters. Tenant shall within thirty (30) days after demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased, to the extent such assessment or increase is attributable to Tenant's failure to comply with the provisions of this Article after Tenant's receipt of substantiating documentation. Landlord represents that Landlord has taken or shall take the necessary steps to comply with what Landlord reasonably believes are the requirements of ADA in effect as of the date of this Lease as it pertains to the common areas within the Project. Operating Costs shall not include any cost thereof immediately upon demand. Tenant will not permit incurred by Landlord in connection with upgrading the Premises Project to be vacant comply with the requirements of the ADA that are in effect as of the date of this Lease, including penalties or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage damages incurred due to Landlord or other tenants of Landlord’s Propertysuch noncompliance.
Appears in 1 contract
Sources: Credit, Security, Guaranty and Pledge Agreement (Kushner Locke Co)
Use. (a) The Premises shall be used and occupied by Tenant shall for general office use and for no other purpose. Tenant shall, at Tenant's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the term regulating the use by Tenant of the Premises except that repairs or alterations required to comply with laws general applicable to the condition of the Premises for only 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 following cost thereof shall be included or excluded from Operating Expenses as provided in Section 4 (c) (ix) above). Tenant shall not use and purpose: general office purposesor permit the use of the Premises in any manner that will tend to create waste or a nuisance, or which unreasonably disturbs other tenants of the Building, nor shall Tenant, its employees, agents or invitees damage the Premises, the Building or related improvements, nor place or maintain any signs on or visible from the exterior of the Premises without Landlord's written consent, or use any corridors, sidewalks or other areas outside of the Premises for storage or any purpose other than access to the Premises. Contemporaneously with Tenant shall not conduct any auction at the execution Premises. Notwithstanding any other provision of this Lease, Tenant shall provide Landlord with a letter not use, keep or permit to be used or kept on the Premises any foul or noxious gas or substance, nor shall Tenant do or permit to be done anything in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of about the Premises. , either in connection with activities hereunder expressly permitted or otherwise, which would cause an increase in premiums payable under, or a cancellation of, any policy of insurance maintained by Landlord in connection with the Premises or the Building or which would violate the terms of any covenants, conditions or restrictions affecting the Building or the land on which it is located.
(b) Tenant shall use and occupy the Premises in a safe and careful mannerstrictly comply with all statutes, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations regulations, and orders of precautions now or hereafter mandated or advised by any federal, state, local or other governmental bodies having jurisdiction over the Premises applicable agency with respect to the use and occupancy use, generation, storage, or disposal of hazardous, toxic, or radioactive materials (collectively, "Hazardous Materials") provided that the Premises and foregoing shall not include the obligation to remove, remediate, clean up, detoxify or pay for the cost to investigate or monitor any repairs Hazardous Materials unless the same were caused to be located on or work performed on about the Premises by Tenant Tenant, its agents, or at employees or were disturbed or exacerbated by Tenant, its agents or employees. As herein used, Hazardous Materials shall include, but not be limited to, those materials identified in Sections 66680 through 66685 of Title 22 of the request California Code of Tenant. If Tenant’s activities on the Premises produce gasesRegulations, vaporsDivision 4, odorsChapter 30, smoke as amended from time to time, and those substances defined as "hazardous substances," "hazardous materials, "hazardous wastes," "chemicals known to cause cancer or residuary material disturbing to Landlord reproductive toxicity, "radioactive materials, 11 or other tenants or occupants similar designations in the Comprehensive Environmental Response, Compensation and Liability Act of Landlord’s Property1980, then upon Landlord’s requestas amended, Tenant shall immediately cease such activity or install ventilating 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., 33 U.S.C. Section 1251 et seq., 42 U.S.C. -- --- Section 300(f) et seq., 42 U.S.C. 7401 et seq., California Health and Safety Code Section 25249.5 et seq., California Water Code Section 13000 et seq., California Health and Safety Code Section 39000 et seq. and any other governmental statutes, ordinances, rules, regulations, and precautions adopted pursuant to the preceding laws or other equipment sufficientsimilar laws, regulations and guidelines now or hereafter in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandeffect. Tenant shall not display cause, or store allow anyone else to cause, any merchandise outside Hazardous Materials to be used, generated, stored, or disposed of on or about the Premises or the Building other than reasonable quantities of office and cleaning supplies in their retail containers. Tenant shall defend (with counsel reasonably approved by Landlord), indemnify and hold Landlord, its trustees, employees and agents, any way obstruct entity having a security interest in the sidewalks adjacent theretoPremises or the Building, and its and their employees and agents (collectively, "Indemnitees") harmless from and against, and shall reimburse the Indemnitees for, all liabilities, claims, costs, damages, and depreciation of property value, including all foreseeable and unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage, or burn or place garbage, rubbish, trash, merchandise, containers disposal of Hazardous Materials by Tenant or any person claiming under Tenant, including, without limitation, the cost of any required or necessary investigation, monitoring, repair, cleanup, or detoxification and the preparation of any closure or other items outside required plans, whether such action is required or necessary prior to or following the termination of this Lease, as well as penalties, fines and claims for contribution to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant. Neither the consent by Landlord to the use, generation, storage, or disposal of Hazardous Materials nor the strict compliance by Tenant with all statutes, laws, ordinances, rules, regulations, and precautions pertaining to Hazardous Materials shall excuse Tenant from Tenant's obligation of indemnification set forth above. Tenant's obligations under this paragraph 6 shall survive the expiration or termination of this Lease.
(c) Landlord represents and warrants that Landlord has no actual knowledge of any Hazardous Materials in more than de minimus amounts in, on or about the Building, except as disclosed in that certain Phase I report by ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇▇, Inc. dated March 30, 1998 delivered by Landlord to Tenant. Except to the extent that the Hazardous Materials in question was released, omitted, used, stored, manufactured, transported or discharged by Tenant, or its agents, employees or contractors, in violation of applicable laws, Tenant shall not be responsible for and Landlord shall indemnify, defend with counsel reasonably acceptable to Tenant, protect and hold harmless Tenant from any claim, remediation obligation, investigation obligation, monitoring obligation, removal obligation, cause of action, penalty, attorneys' fee, cost, expense or damage owing or alleged to be owing to any third party with respect to any Hazardous Materials present on or about the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Building or the Property, or the soil, groundwater or surface water thereof. Landlord. Unless Landlord provides rubbish removal services's representations, in which event Tenant warranties and indemnification under this paragraph shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal survive termination of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertythis Lease.
Appears in 1 contract
Sources: Office Lease (Iown Holdings Inc)
Use. Tenant shall use occupy the Premises solely for only the following use and purpose: general office purposesPermitted Use. Contemporaneously with The Premises shall not be used for any other purpose without the execution prior written consent of this LeaseLandlord which consent shall not be unreasonably withheld, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premisesconditioned, or delayed. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shallcomply, at Tenant’s sole cost and 's expense, conform to with (i) all present and obey all future laws, ordinances, rules, requirements, regulations and orders of the United States of America, the Commonwealth of Virginia and any governmental bodies other public or quasi-public federal, state or local authority and/or any department or agency thereof, having jurisdiction over the Premises applicable and relating Tenant's particular use, or alteration of the Premises performed by Tenant (ii) any reasonable requests of Mortgagee or any insurance company providing coverage with respect to the Premises to the extent the same does not cause expense to Tenant or otherwise interfere with Tenant's use and occupancy of the Premises and does not pertain to any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of structural alteration which is Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand's responsibility. Tenant shall not display use or store occupy the Premises in any merchandise outside manner that is unlawful or dangerous or that shall constitute waste, unreasonable annoyance or a nuisance to Landlord or the other tenants of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by LandlordBuilding. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shallcomply, at its Landlord's sole cost and expense, provide for with all governmental laws, rules, regulations, and orders of the removal United States of its rubbish as America, the Commonwealth of Virginia and when necessary as any other public or quasi-public Federal, State or local authority and/or any department or agency thereof having jurisdiction over the Premises with regard to: (a) requirements prior to the Commencement Date including, but not limited to, requirements imposed with respect to Tenant work that is performed by Landlord or Landlord's Agent (in the event Tenant performs work after obtaining consent from Landlord then Tenant shall have the sole responsibility to comply with all governmental laws, rules, regulations and orders); (b) the nature of the structure of the Premises; (c) the building operating and life safety systems; (d) the Common Area; and/or (e) Landlord's failure to make any repairs required to keep of Landlord hereunder. If a fire sprinkler or any additional exits are ever required, the same shall be installed or constructed by Landlord at Landlord's sole cost and expense. Landlord represents that Tenant's stated use does not conflict with Landlord's insurance and that Tenant shall not be precluded from using the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails accordance with the stated Permitted Use or be liable or obligated to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit any increases in Landlord's insurance premium or rates resulting from Tenant's use of the Premises if Tenant is conducting its normal business in accordance with the stated Permitted Use for which the Premises were leased to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyTenant.
Appears in 1 contract
Sources: Full Service Lease (Trex Co Inc)
Use. Tenant shall TENANT’S use of the Premises for only the following use and purpose: shall be limited to general office purposesuse, light industrial manufacturing, warehousing and distribution (“Permitted Use”), and for no other use without the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned or delayed. Contemporaneously with During the execution Term of this Lease, Tenant LESSOR shall provide Landlord with not create or be a letter in party to the form creation of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such any use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s restrictions, covenants, agreements or conditions which prohibit TENANT’S use of the PremisesPremises for its Permitted Use. Tenant LESSOR without TENANT’s approval, shall use and occupy not during the Term change or modify the Building or Premises in a safe and careful manner, without committing any way which would materially interfere with TENANT’s use or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises including, without limitation, the access points, visibility, parking and signage. LESSOR shall use its best efforts to prevent others from doing the same. LESSOR hereby represents and warrants to TENANT that: (i) LESSOR has full right and authority to enter into this Lease and no other consents or approvals are required from any repairs other party for LESSOR to enter into this Lease, including, without limitation, any lender of LESSOR; (ii) LESSOR is not a party to (nor has created or work performed consented to during any period of LESSOR’s ownership of the Premises), and there are no, non-governmental restrictions, covenants, agreements or conditions, including but not limited to environmental contamination, litigation, restrictions on utilities, private use restrictions or any other legal restrictions which would prevent TENANT from using the Premises by Tenant for the Permitted Use or at TENANT’s Exclusive Uses, or interfere with TENANT’s design, permitting, construction, or signage; LESSOR shall not create, and shall use its best efforts to prevent from being created, any such restrictions, covenants, agreements or conditions during the request Term. TENANT hereby accepts from LESSOR possession of Tenant. If Tenant’s activities on the Premises produce gasesand Building in its present “AS IS” condition subject to Exhibit C-2, vaporsand TENANT acknowledges inspecting the Premises and Building or having had the opportunity to inspect the Premises and Building, odorsand that TENANT is satisfied with the condition thereof and that no representations as to the condition or state of repairs thereof have been made by LESSOR or its agents. Not later than the Rent Commencement Date, smoke TENANT shall (i) complete TENANT’s Work (as defined below). Notwithstanding anything set forth herein to the contrary, TENANT, at no cost or residuary material disturbing expense to Landlord LESSOR, shall be solely responsible for any and all zoning, land use or administrative, governmental or other tenants approvals, consents, permits or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate licenses necessary for the disturbance. If Tenant’s occupancy and use of the Premises increases for the cost of Landlord’s Insurance (as hereinafter defined) Permitted Use. LESSOR, however, shall cooperate with respect TENANT to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Propertyobtain such zoning, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent theretoland use, or burn administrative, governmental or place garbageother approvals, rubbishconsents, trash, merchandise, containers permits or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shalllicenses, at its sole no cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyLESSOR.
Appears in 1 contract
Sources: Lease Agreement (Nano Magic Inc.)
Use. Tenant The Premises are to be used only for general office --- purposes, including but not limited to, use of a portion of the first floor of the Building, to the extent permitted by law or covenant, as a network and/or telecommunications operations center or related use and for no other business or purpose without the prior written consent of Landlord which consent shall use not be unreasonably withheld or delayed. No act shall be done in or about the Premises for only that is unlawful or that will increase the following use and purpose: general office purposesexisting rate of insurance on the Building. Contemporaneously with In the execution event of a breach of this Leasecovenant, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expenseafter written notice, conform to and obey all laws, ordinances, rules, regulations and orders (a) immediately cease the performance of any governmental bodies having jurisdiction over the Premises applicable to the use unlawful act and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter definedb) with respect to Landlord’s Property acts that will or has increased the cost existing rate of insurance, Tenant shall either cease such act that is increasing or has increased the existing rate of insurance (and pay for any such increases theretofor charged to Landlord) or shall pay to Landlord any and all increases in insurance premiums resulting from such breach. Tenant shall not commit or allow to be 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 Landlord’s PropertyTenant's office machines or equipment disturb any other tenant in the Building, then Tenant shall reimburse Landlord provide adequate insulation, or take such other tenant, action as may be necessary to eliminate the case may be, for such additional cost upon demand. Tenant shall not display noise or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, disturbance at its sole cost and expense. Tenant shall not, provide without Landlord's prior consent which consent shall not be unreasonably withheld or delayed, install any equipment, machine, device, tank or vessel which is subject to any federal, state or local permitting requirement. Tenant, at its expense, shall comply with all laws, statutes, ordinances and 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 and non-discriminatory rules and regulations as may be adopted and made available to Tenant by Landlord from time to time for the removal safety, care and cleanliness of its rubbish as and when necessary as required to keep the Premises in a clean, safe or the Building and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal preservation of its rubbishgood order therein; provided, then Landlord may cause however, that such rules and regulations do not -------- ------- conflict with this Lease, materially increase Tenant's obligations or liability with respect to the same Premises and to the extent such rules and regulations do conflict with the terms of this Lease, the terms of this Lease shall govern. The current rules and regulations for the Building are attached hereto as Exhibit F. --------- Without limiting the foregoing, Tenant agrees to be removed wholly responsible at Tenant's sole cost and Tenant shall reimburse Landlord expense for the cost thereof immediately upon demand. Tenant will not permit any accommodations or alterations which need to be made to the Premises to comply with the provisions of the Americans With Disabilities Act of 1990, as amended (the "ADA"). Landlord will be vacant or abandoned or be used responsible --- for compliance of the common areas of the Building as well as the Building shell (as described in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants Exhibit E) with the provisions of Landlord’s PropertyADA.
Appears in 1 contract
Use. Tenant shall may use the Premises for only the following Healthcare Use and for no other use and or purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases must be in accordance with all applicable Laws, including, without limitation, applicable zoning and land use Laws. In no event shall the cost Premises be used for any purpose which shall violate any of Landlord’s Insurance (as hereinafter defined) the provisions of any Permitted Encumbrance or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises; provided, however, that this sentence shall not apply with respect to Landlordany Permitted Encumbrance in effect on the Date of Rent Commencement so long as (a) the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s Property policy of title insurance) contains affirmative insurance against any loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord and Lender, and (b) violation of such Permitted Encumbrance could not result in Landlord or Lender suffering (i) any criminal liability, penalty or sanction, (ii) any civil liability, penalty or sanction for which Tenant has not made provisions reasonably acceptable to Landlord and Lender, or (iii) defeasance or loss of priority of its interest in the cost of insurance for Premises; provided, further, however, that TENANT SHALL NONETHELESS BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE BY TENANT. Tenant agrees that with respect to the Permitted Encumbrances and any other tenant of Landlord’s Propertycovenants, then restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall reimburse Landlord or such other tenantobserve, as perform and comply with and carry out the case may beprovisions thereof required therein to be observed and performed by Landlord. Notwithstanding the foregoing, for such additional cost upon demand. Tenant shall not display use, occupy or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant used or abandoned occupied, nor do or permit anything to be used done in any way or on the Premises in a manner which may be would constitute a nuisance, annoyance public or inconvenience private nuisance or which may result in damage to Landlord or other tenants of Landlord’s Propertywaste.
Appears in 1 contract
Sources: Lease (Summit Healthcare REIT, Inc)
Use. Tenant The Premises shall use be used solely for the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter Permitted Use set forth in the form of Exhibit B attached hereto Basic Lease Provisions and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises lawful purposes incidental thereto, all in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey compliance with all laws, orders, judgments, ordinances, rulesregulations, regulations codes, directives, permits, licenses, covenants and orders of any governmental bodies having jurisdiction over the Premises restrictions now or hereafter applicable to the Premises, and the use and occupancy of the Premises and thereof (collectively, “Legal Requirements”). Tenant, within 5 days’ after Notice from Landlord, shall cause to be discontinued any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases that is declared by any governmental authority haying jurisdiction to be a violation of any Legal Requirement. Provided that Tenant has prior knowledge of the cost then current terms of Landlord’s Insurance (as hereinafter defined) insurance coverage with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s PropertyProject, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10i) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not use or permit the Premises to be vacant used for any purpose or abandoned or be used in any way which may manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits, and Tenant, within 5 days’ after Notice from Landlord, shall cause to be discontinued any such use, and (ii) Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any insurance policy maintained by Landlord as a nuisanceresult of Tenant’s failure to comply with the provisions of this Section. Tenant will use the Premises in a careful, annoyance safe and proper manner and will not commit waste, overload the floor or inconvenience structure of the Premises, subject the Premises to uses that would damage the Premises or which may result in damage to obstruct or interfere with the rights of Landlord or other tenants guests, invitees, licensees, or other authorized users of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into Common Areas or other space in the Project Tenant shall not place any equipment weighing 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’s Property. Except as may be provided under the Work Letter, Tenant, without the prior written consent of Landlord, shall not use the Premises in any manner that will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises and as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications, to the interior or the exterior of the Premises or the Project, that are required by Legal Requirements (including, without limitation, compliance of the Premises with the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”)) related to Tenants use or occupancy of the Premises, provided that the foregoing obligation shall not apply to the extent any non-compliance with Legal Requirements is due to a Construction Defect. 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, Legal Fees) (collectively, “Claims”) arising out of or in connection with Legal Requirements and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement, except to the extent and only to the extent, a Claim is attributable to a Construction Defect or to the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Use. Tenant shall ▇▇▇▇▇▇ agrees that it will use the Premises solely for only the following use and purpose: general --- office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at for no other business or purpose. Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide shall promptly comply with all local, state or federal laws, statutes, ordinances and 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. (S) 12101 et seq. and any governmental regulations relating thereto (the "ADA"), including any required alterations for purposes of "public accommodations" under such statute, provided, however, Landlord agrees to remedy any violations of the removal ADA occurring ----------------- within the common areas of the Building or the Property, except to the extent the violation results from Tenant's particular use or operation of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per weekPremises. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not use or permit the Premises to be vacant or abandoned or be used in any way 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 a nuisanceprohibited by the standard form of fire insurance policy, annoyance unless Tenant obtains an endorsement to the policy allowing such activity. Tenant shall not during the Term (i) commit or inconvenience 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 may result 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 manner damage to Landlord 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 other tenants of Landlord’s Propertythe Building. If any of Tenant's office machines or equipment disturbs the quiet enjoyment of any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the disturbance, all at Tenant's sole cost and expense. Landlord will respond promptly to ▇▇▇▇▇▇'s request for clarification of the Building's floor load and sound/vibration requirements based upon actual information provided to Landlord regarding equipment Tenant wishes to install.
Appears in 1 contract
Sources: Lease Agreement (Digitas Inc)
Use. (a) The Premises shall be used only for executive and administrative offices, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to its use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances by Tenant in or 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 or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not use the Premises for only any purpose or in any manner (including without limitation any method of storage) which would render the following insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and purpose: general office purposes. Contemporaneously with occupancy of the execution of this LeasePremises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall provide pay the amount of such increase to Landlord with a letter in as Additional Rent.
(b) Tenant agrees that the form floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building as set forth on Exhibit B "F", which is attached hereto and by this reference made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights shall distribute floor loading in accordance with design loads for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Property.the
Appears in 1 contract
Sources: Lease Agreement (Synquest Inc)
Use. Tenant shall use the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant Lessee shall use and occupy the premises for the purpose of: Offices and support facilities for Lessee’s adjoining Learning Community Center; subleasing portions of the Premises to organizations supportive of the Learning Community Center (such as, but not limited to, OneWorld Community Health Centers); and any other commercial business as allowed under the applicable municipal or state laws. Lessee shall have the right at its own expense to contest, by appropriate proceedings diligently conducted in a safe and careful mannergood faith, without committing any allegation by public authorities that Lessee or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders the Premises are in violation of any governmental bodies having jurisdiction over Requirements or any certificate of occupancy affecting the Premises, but only so long as:
a. Neither the Premises applicable nor any part thereof would by reason of such contest be, in ▇▇▇▇▇▇’s reasonable judgment, in danger of being forfeited or lost;
▇. ▇▇▇▇▇▇ shall not in its reasonable judgment be in danger of being subject to criminal liability or penalty by reason of such contest; and
c. Lessee shall be responsible for any fines, penalties or other charges that may or might be assessed against or become a charge on the Premises if such contest is unsuccessful; provided, however, in no event shall Lessee be responsible for any Requirements which are unrelated to ▇▇▇▇▇▇’s specific use of the Premises and/or improvements made by Lessee to the use and occupancy of Premises.
d. Notwithstanding the foregoing, Lessor acknowledges that it shall be solely responsible for any structural Requirements related to the Premises and any repairs or work performed on the Premises by Tenant or at the request other Requirements which are not a result of Tenant. If Tenant▇▇▇▇▇▇’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s specific use of the Premises increases Premises.
e. Lessee shall pay all costs and expenses (including, but not limited to, ▇▇▇▇▇▇’s attorneys’ fees) incurred by Lessor in connection with ▇▇▇▇▇▇’s contest(s), except to the cost of Landlord’s Insurance (as hereinafter defined) extent that Lessor is involved with respect contesting any Requirements related to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside condition of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside which was unrelated to ▇▇▇▇▇▇’s specific use of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant .
f. Lessee shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not suffer or permit the Premises or any portion thereof to be vacant or abandoned or be used in any way which may be manner as might tend to impair Lessor’s title to the Building or Land or any portion thereof, or in such manner as might make possible a nuisanceclaim or claims of adverse usage or adverse possession or of implied dedication of the Building or Land or any portion thereof for public use. Additionally, annoyance Lessee shall not use the premises for the purposes of storing, manufacturing or inconvenience or which may result in damage to Landlord selling any explosives, flammables or other tenants of Landlord’s Propertyinherently dangerous substance, chemical, thing or device.
Appears in 1 contract
Sources: Commercial Lease Agreement
Use. Tenant shall use the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises only for the use set forth in a safe Article 1.G of the Basic Lease Provisions and careful mannershall not use or occupy the Premises or permit the same to be used or occupied for any other purpose without the prior written consent of Landlord, without committing which consent may be given or permitting wastewithheld in Landlord's sole and absolute discretion, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over agrees that it will use the Premises applicable in such a manner so as not to interfere with or infringe upon the use and occupancy rights of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by LandlordProject. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide promptly comply with all laws, statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises or the Project (excluding structural changes to the Project not related to Tenant's particular use of the Premises), and (ii) improvements installed or constructed in the Premises by-or for the removal benefit of its rubbish as and when necessary as required to keep Tenant. Tenant shall not permit more than six (6) people per one thousand (1,000) rentable square feet of the Premises in a clean, safe and healthy condition, but in to occupy the Premises at any event at least one (1) time per weektime. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same shall not do or permit to be removed done anything which would invalidate or increase the cost of any fire and extended coverage insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, and Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant's failure to comply with the provisions of this Article. Landlord represents that Landlord has taken or shall take the necessary steps to comply with what Landlord reasonably believes are the requirements of the ADA in effect as of the date of this Lease as it pertains to the common areas within the Project. Operating Costs shall not include any cost thereof immediately upon demand. Tenant will not permit incurred by Landlord in connection with upgrading the Premises Project to be vacant comply with the requirements of the ADA that are in effect as of the date of this Lease, including penalties or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage damages incurred due to Landlord or other tenants of Landlord’s Propertysuch noncompliance.
Appears in 1 contract
Sources: Standard Office Lease (Lindows Inc)
Use. Tenant shall use the Premises only for only the following 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 purpose: general office purposesirreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Contemporaneously with Tenant, it its expense, shall procure, maintain and make available for Landlord's inspection throughout the execution Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is Tenant's permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall not use and occupy or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in a safe and careful manner, without committing the Premises. Tenant shall not do or permitting wastepermit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building or its contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall, shall comply at Tenant’s sole cost its expense with all present and expense, conform to and obey all future laws, ordinances, rulesrestrictions, regulations regulations, orders, rules and orders requirements of any all governmental bodies having jurisdiction over the Premises applicable authorities that pertain to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s its use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in 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 areas designated for rubbish removal by LandlordPremises. Unless Landlord provides rubbish removal services, in which event 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 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 cost thereof within ten (10) days after demandprovisions of this Section, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in shall indemnify Landlord from any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyliability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Sources: Sublease Agreement (Artest Corp)
Use. Tenant shall shall:
(a) use the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost purposes specified in Section 2.9 and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not use or permit the Premises to be vacant used for any other purpose without the prior written consent of Landlord.
(b) not commit or abandoned permit any waste, injury or damage to the Property including, without limitation, the Tenant Improvements (as defined in Exhibit E and any trade fixture therein, normal wear and tear excepted, any loading of the floors thereof in excess of the maximum degree of loading as determined by Landlord, any nuisance therein or any use or manner of use causing annoyance to other tenants and occupants of the Property or to Landlord;
(c) not invalidate or cause an increase in the cost of any fire, extended coverage or any other insurance covering the Building or insurance of another tenant of the Building against perils as to which Landlord or such other tenant has insured or which shall cause any policy of insurance on the Project to be used subject to cancellation; and (d) observe and perform, and cause its employees, invitees and others over whom Tenant can reasonably be expected to exercise control to observe and perform, the Rules and Regulations contained in Exhibit "D" hereto, and such further and other reasonable rules and regulations and amendments and additions thereto as Landlord may hereafter make and notify Tenant in writing, except that Landlord may not enforce against Tenant any such change or addition that is inconsistent with this Lease unless required by governmental regulation or unless Tenant consents thereto. The imposition of such Rules and Regulations shall not create or imply any obligation of Landlord to enforce them against any *tfier tenant and Landlord shall not be liable to Tenant for violation of any Rules and Regulations or the breach of any provision in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord lease by any other tenant or other party in the Building, redecorating vacant space for tenants or other occupants of Landlord’s Property.the Building; Marketing crests including leasing commissions, attorney's fees in connection with negotiation and preparation of leases and related agreement,;
Appears in 1 contract
Sources: Lease Agreement (Svi Solutions Inc)
Use. Tenant shall will use the Premises solely for general officing, warehousing, distribution, research and development, and manufacturing all in accordance with laws, ordinances, rules and any regulations which are applicable to the Premises or the Building, including, but not limited to laws related to land use, and for no other purposes. Tenant will not cause or permit any waste or damage to the Premises, the Building or the land upon which the Building is located and will not occupy or use the Premises for only the following use and purpose: general office purposes. Contemporaneously any business or purpose which is unlawful, hazardous, unsanitary, noxious or offensive or which unreasonably interferes with the execution business operations of other tenants in the Building. If the nature of Tenant's use or occupancy of the Premises causes any increase in Landlord's insurance premiums over and above those chargeable for the least hazardous type of occupancy legally permitted in the Premises, then Tenant will pay the resulting increase within ten (10)days after its receipt of a statement from Landlord setting forth the amount thereof. If at any time, and from time to time during the Lease Term, Tenant desires to cease operating its business in the Premises, then the Tenant shall notify the Landlord, in writing, at least ninety (90) days prior to the effective date of any cessation of operations. Landlord shall have the right, at its sole option, to terminate the Lease upon written notice to Tenant at any time after Tenant ceases to operate in the Premises. In the event that Landlord exercises its option to terminate this Lease as provided above, then this Lease shall terminate on the date stated in Landlord's notice to terminate, which date shall be not greater than the thirtieth (30th) day following the date on which Landlord sends such notice to Tenant. Upon such date, Tenant shall surrender possession of the Demised Premises to Landlord and neither party shall thereafter have any further obligation to the other by virtue of this Lease, subject, however, to the payment by Tenant shall provide to Landlord with a letter in of all sums then due and owing or having accrued to Landlord hereunder and the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders survival of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandindemnifications under this Lease. Tenant shall not display be deemed to have ceased operating its business and any immediately prior period of cessation shall be deemed tolled if and to the extent that the Demised Premises is closed due to damage by fire or store other casualty, a taking by eminent domain has made it impracticable to continue doing business therein or a force majeure event (not caused by Tenant). If at any merchandise outside of time during the Term Tenant ceases to operate its business in the Premises or in it shall continue to maintain the Premises as required herein, including, but not limited to, continuing to heat the Premises at times when it would be continuously reasonable to do so. If at any way obstruct time Tenant does not maintain the sidewalks adjacent theretoPremises as required herein, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of Landlord shall be permitted to maintain the Premises, except in suitable containers therefor in Premises after five (5) days written notice to Tenant and Tenant's failure to cure within such five (5) day period. Notwithstanding the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal servicesforegoing, in which no event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as be required to keep the Premises give notice in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyan emergency situation.
Appears in 1 contract
Use. (a) Tenant shall may use the Premises and Equipment Yard Area for only the following use installation, operations and purpose: general maintenance of telecommunications equipment, for transmissions facilities and for a data center, including without limitation, customer collocation and related equipment and for office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premisesuses. Tenant shall not use and occupy the Premises in a safe and careful manneror Equipment Yard Area to receive, without committing store or permitting wastehandle any product, and material or merchandise that is explosive or highly inflammable or hazardous, except for Permitted Materials. Tenant shall, at Tenant’s sole cost and expense, conform to and obey shall be solely responsible for complying with all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises Laws applicable to the its particular use and occupancy of the Premises and Equipment Yard Area. Tenant shall not permit any repairs objectionable or work performed on unpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the Premises by Tenant or at the request of Tenant. If Tenant’s activities on Equipment Yard Area; nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other person; nor permit the Premises produce gases, vapors, odors, smoke or residuary material disturbing Equipment Yard Area to be used for any purpose or in any manner which will cause any of the rates for any insurance carried by Landlord or any other tenants occupant of the Building or occupants of Landlord’s Propertysurrounding buildings to be increased or in such a manner as will affect, then upon Landlord’s requestor cause a cancellation of, Tenant shall immediately cease any such activity or install ventilating or other equipment sufficientinsurance policy; provided, in Landlord’s reasonable judgmenthowever, to eliminate the disturbance. If if Tenant’s 's use of the Premises increases or Equipment Yard Area results in an increase only in the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost amount of insurance for any other tenant of Landlord’s Propertypremiums (and not the cancellation thereof), then Tenant shall reimburse may continue such use provided Tenant pays to Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) business days after demandthe cost of such increases. In all events, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but shall not engage in any event at least one activity which is not in keeping with the first class standards of the Building or surrounding buildings. Tenant shall comply with and shall cause its employees, agents and contractors to comply with all Laws. Additionally, Tenant specifically represents, warrants, covenants and agrees that (1) at no time per weekduring the term hereof shall any fuel, emissions or other substances used in connection with or emitted by the Equipment Yard Area leak, penetrate or contaminate the ground, water or air on or about the Land other than the emissions into the air which (A) result from the operation of a generator which is in good working order (without defect or disrepair) and (B) are in compliance with Laws, and (2) in no event shall the installation, maintenance or operation of the backup generators materially interfere with any of the systems of the Building, Park or with any other tenants use of its leased premises. If . Notwithstanding anything contained in this Section 12 to the contrary, Landlord understands that Tenant fails will be maintaining and using significant equipment in the Equipment Yard Area, including emergency and back-up generators and chillers and that, when in use, such equipment will generate noise and vibrations, and that, as long as the same is reasonable given the nature of such equipment, Tenant shall have the tight to provide use the same as necessary. Tenant specifically warrants, represents, covenants and agrees that the backup generator system shall be used solely for the removal generation of emergency power in the event of and only for the duration of a power outage, interruption, or material diminishment in the quality or quantity of electrical service to the Premises and any ancillary uses related thereto; provided, however, that Tenant may perform required testing, refueling and weekly maintenance (each of which shall be scheduled in accordance with a schedule agreed to by Landlord and Tenant (each acting in good faith) to minimize any interference with the operation of the Building and surrounding buildings, or with any other tenant's use of its rubbishlease premises, then and in no event happen from 700 a.m. to 7:00 p.m. Monday through Friday or 7:00 a.m. to 1:00 p.m. on Saturdays.
(b) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any parking areas associated with the Premises which Landlord has designated for such use, subject to (1) such reasonable rules and regulations as Landlord may cause the same promulgate from time to be removed time and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or (2) rights of ingress and egress of other tenants of Landlord’s Propertyand their employees, agents and invitees. Landlord shall not be responsible for enforcing Tenant's parking rights against third parties.
Appears in 1 contract
Use. The Building shall be used for office purposes (the "Permitted --- --------- Use") and for no other purpose. Tenant shall agrees not to use or permit the use of --- the Premises for only any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the following use and purpose: general office purposescost of insurance coverage with respect to the Premises. Contemporaneously In the event there shall occur any increase in the cost of insurance coverage with respect to the execution Premises which results from Tenant's acts or conduct of this Leasebusiness, Tenant hereby agrees to pay the amount of such increase in insurance expense on Landlord's demand and Tenant's failure to promptly pay to Landlord the amount of such increase in cost shall provide be a default hereunder. Acceptance of such payment shall not constitute Landlord's waiver of any default or of any of Landlord's rights or remedies hereunder relating to Tenant using or permitting the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's reasonable opinion, creates a nuisance. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants of the Project or Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use management of the Premises. Tenant shall use and occupy will maintain the Premises Building in a safe clean and careful manner, without committing or permitting wastehealthful condition, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey comply with all laws, ordinances, rulesorders, rules and regulations and orders of any governmental bodies having jurisdiction over the Premises applicable entity, deed restrictions, restrictive covenants or easements with reference to the use and use, condition or occupancy of the Premises Building, including but not limited to the Americans with Disabilities Act ("ADA"). --- Notwithstanding anything herein contained, Landlord warrants and any repairs or work performed on represents to Tenant that the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use (but excluding any portion of the Premises increases Building which was designed by Tenant's architect) shall be in compliance with all laws, ordinances, orders, rules and regulations of any governmental entity, deed restrictions, restrictive covenants or easements with reference to the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property use, condition or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside occupancy of the Premises, except in suitable containers therefor in on the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Commencement Date of this Lease and that Tenant shall reimburse Landlord for have no obligation or liability to remedy any such non- compliance existing on the cost thereof within ten (10) days after demandCommencement Date. Subject to the aforesaid, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as shall be required to keep maintain the Premises Building in a cleancompliance with any such laws, safe ordinances, orders, rules and healthy conditionregulations, deed restrictions, restrictive covenants or easements, including ADA, after the Commencement Date of this Lease including but in not limited to any event at least one special requirements of Tenant's employees. SUBJECT TO THE AFORESAID, TENANT HEREBY INDEMNIFIES AND HOLDS LANDLORD AND ALL INDEMNITEES (1HEREINAFTER DEFINED) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demandHARMLESS AGAINST ANY SUCH NON-COMPLIANCE. Tenant will not permit comply with the rules and regulations of the Premises adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit "G" and made a part ----------- hereof. Notwithstanding anything herein contained, for so long as the Building is a single tenant facility leased to Tenant, Tenant shall not be bound by and need not comply with the said Building rules and regulations, with the exception of Exhibit "G", Items 3, 6, 12, 15 and 18 relating to the prohibition of smoking ----------- ------------------------- in the Building. Tenant agrees not to commit or allow any waste to be vacant or abandoned or be used in committed on any way which may be a nuisanceportion of the Premises, annoyance or inconvenience or which may result in damage and at the termination of this Lease to deliver up the Building to Landlord or other tenants of Landlord’s Propertyin as good condition as at the Commencement Date, ordinary wear and tear excepted.
Appears in 1 contract
Use. Tenant shall The Demised Premises may be used and occupied for research and development, training, receiving, storing, prototype manufacturing and ancillary office use including the use of computers and various other electronic equipment needed for Tenant’s business. Landlord covenants, to the best of Landlord’s knowledge, that there are no zoning ordinances, provisions of the underlying ground lease (“Ground Lease”), or any other prohibitions restricting or limiting the use of the Demised Premises for only the following use and purpose: general office purposespurpose herein specified. Contemporaneously Should any law, regulation or other governmental order substantially interfere with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Demised Premises, then Tenant may cancel this Lease upon written notice to Landlord within ninety (90) days following that date upon which Tenant shall have become aware of such law, regulation or order and thereupon Tenant shall have no further obligation to Landlord. For purposes of this paragraph, “substantial interference” excludes any zone change under which Tenant’s use as permitted above, is a lawful nonconforming use for the remaining term of the Lease and any unexercised option periods. Tenant shall not use and or occupy the Premises in a safe and careful manner, without committing violation of the Ground Lease or permitting wastein violation of law, and Tenant shall, at Tenant’s sole cost and expenseupon written notice from Landlord, conform to and obey all laws, ordinances, rules, regulations and orders of discontinue any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and which is declared by any repairs or work performed on governmental authority having jurisdiction to be a violation of law. Tenant shall have the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gasesright, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of with Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgmentcooperation, to eliminate the disturbance. If appear before any governmental authority or to bring any action to contest any zoning change or similar change in use restrictions which may impair Tenant’s use of the Premises increases as permitted herein. Tenant shall comply with any direction of any governmental authority having jurisdiction, which shall by reason of the cost nature of LandlordTenant’s Insurance (as hereinafter defined) use or occupancy of the Premises impose any duty upon Tenant or Landlord with respect to Landlord’s Property the Premises, or with respect to the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord use or such other tenant, as the case may be, for such additional cost upon demandoccupation thereof. Tenant shall not display or store any merchandise outside comply with all conditions of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated approval for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord development permits issued for the cost thereof Complex, including implementation of a Transportation Demand Management (“TDM”) program if required by City ordinance. Landlord shall not agree to any amendment to the Ground Lease materially affecting Tenant’s use without Tenant’s prior written consent, which Tenant may withhold in Tenant’s sole but reasonable discretion Tenant may, if Tenant so elects, and for Tenant’s sole use, install and operate within ten (10) days after demandthe Demised Premises microwave ovens and install and operate within the Demised Premises vending machines to dispense hot and cold beverages, Tenant shallice cream, at its sole cost candy, food and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises cigarettes; such machines shall be maintained in a clean, safe neat and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed sanitary condition and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertycomply with all applicable laws and ordinances.
Appears in 1 contract
Use. Tenant The Demised Premises are hereby leased to the Sublessee upon the express condition that the Sublessee shall use the said Demised Premises for only receiving, ordering, production, shipping and selling of products, materials and merchandise made or distributed by Sublessee or its affiliates and for no other purpose without the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use written consent of the PremisesSublessor first obtained.
1. Tenant Will rail be utilized? Yes X No --- --- If Yes, what will the average be? Rail Cars Per Day .5 Month 15 Year 180 ---- ---- ------
2. Will there be any truck traffic? Yes X No ---- ---- If Yes, what will the average be? Trucks Per Day 25 Month 750 Year 8,900 ---- ----- -------- 3. Number of employees in your local operation: Initial Start Up 50 After One Year approx. 125 ---- ----- 4. Number of employee parking spaces needed: Initial Start Up 65 After One Year 135 ---- ----- All uses to which the Demised Premises shall use and occupy be put by the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, Sublessee shall conform to the requirements of any and obey all local laws, ordinances, rules, rules or regulations and orders of any governmental bodies adopted or enacted by the municipality having jurisdiction over the Demised Premises applicable and shall also conform to any special use permit or certificate of occupancy or other permit of any kind issued or required to be issued by any governmental authority having such jurisdiction over the Demised Premises and shall not be put to any such use by the Sublessee until all governmental rules and regulations relative to or affecting such use have been complied with and all governmental permits required as a condition precedent to such use shall have been obtained. The Sublessee shall conduct its business throughout the term hereof in a first-class manner and shall not use the Demised Premises for or carry on or permit upon said Demised Premises any offensive, unreasonably noisy, or dangerous business, trade, manufacture or occupation or any nuisance or any activity contrary to public policy or any activity causing a noxious or offensive odor or causing pollution to the atmosphere, nor permit any auction sale to be held or conducted upon said Demised Premises, nor shall it use and occupancy or permit the use of such Demised Premises or part thereof for any immoral or any other purpose prohibited by law or which will increase the rate of insurance upon the building in which said Demised Premises may be located or cause a cancellation of any insurance policy covering said building or any part thereof. The Sublessee shall not do or suffer anything to be done upon said Demised Premises which will cause structural injury to said Demised Premises or to the building 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 other appliance to be used or operated upon said Demised Premises which will injure said Demised Premises or the building of which the same form a part, nor shall the Sublessee permit any noisemaking device to be operated or allowed upon said Demised Premises for the purpose of attracting trade or otherwise. The Sublessee shall not permit any use to be made of the Demised Premises and which will in any repairs or work performed way impair the efficient operation of the sprinkler within the building containing the Demised Premises. In addition to the Sublessee's liability for Additional Rent in respect of insurance premium rate increases as provided in Paragraph 5 hereof, if any act on the Premises by Tenant part of the Sublessee or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Demised Premises increases by the cost Sublessee shall cause directly or indirectly any increase of Landlord’s Insurance (the Sublessor's insurance expense, such additional expense shall be paid by the Sublessee to the Sublessor upon demand as hereinafter defined) with respect to Landlord’s Property or Additional Rent. No such payment by the cost Sublessee shall limit the Sublessor in the exercise of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord rights or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display remedies or store any merchandise outside constitute a waiver of the Premises Sublessor's right to require the Sublessee to discontinue such act or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyuse.
Appears in 1 contract
Use. Tenant shall continuously occupy and use the Premises only for only the following use Permitted Use and purpose: general office purposes. Contemporaneously shall comply with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable Laws relating to the use use, condition, access to, and occupancy of the Premises and any repairs will not commit waste, overload the Building's Structure or work performed on the Building's Systems or subject the Premises by Tenant or at to use that would damage the request Premises. Landlord represents and warrants that the condition of Tenant. If Tenant’s activities on the Premises produce gasescomplies with all applicable ordinances and codes, vaporsincluding, odorsbut not limited to, smoke the American with Disabilities Act (the "Disabilities Act") and all applicable environmental requirements. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, d)Tenant, upon obtaining possession of the Premises, shall take appropriate action to ensure continued compliance with Title III of the Disabilities Act, any state laws governing handicapped access or residuary material disturbing architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficienttime, in Landlord’s reasonable judgmentthe Premises, to eliminate and e) Landlord shall bear the disturbance. If Tenant’s 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 increases for other than the cost 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 on the Building or its contents, or for the storage of any Hazardous Materials (other than typical office supplies [e.g., photocopier toner] and then only in compliance with all Laws). 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 such acts shall be an Event of Default, Tenant shall pay to Landlord the amount of such increase on demand, and acceptance of such payment shall not waive any of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any 's other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandrights. Tenant shall conduct its business and control each other Tenant Party so as not display to create any nuisance or store any merchandise outside unreasonably interfere with other tenants or Landlord in its management of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyBuilding.
Appears in 1 contract
Sources: Lease Agreement (Cirtran Corp)
Use. Tenant shall use the Premises only for only the following purposes stated in Item 3 and Item 4 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 purpose: general office purposesirreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Contemporaneously with Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the execution Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is Tenant's permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy not do or permit anything to be done in or about the Premises which will in a safe and careful mannerany way allow the Premises to be used for any unlawful purpose, without committing nor shall Tenant permit any nuisance or permitting wastecommit any waste in the Premises. Tenant shall not perform any work or conduct any business whatsoever 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, and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall, shall comply at Tenant’s sole cost its expense with all present and expense, conform to and obey all future laws, ordinances, rulesrestrictions, regulations regulations, orders, rules and orders requirements of any all governmental bodies having jurisdiction over the Premises applicable authorities that pertain to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s its use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in 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 areas designated for rubbish removal by LandlordPremises. Unless Landlord provides rubbish removal services, in which event 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 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 cost thereof within ten (10) days after demandprovisions of this Section, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in shall indemnify Landlord from any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyliability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Use. The Premises shall be used for the Permitted Use and for no other purpose. Tenant shall agrees not to use or permit the use of the Premises for only any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the following cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations or any common area improvements, including common area restrooms, unless the need to make a structural alteration or any common area improvements, including common area restrooms, results from Tenant's particular manner of use and purpose: general office purposes. Contemporaneously of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Initial Alterations) performed by or on behalf of Tenant in the Premises; Tenant will comply with the execution rules and regulations of this Leasethe Building adopted and reasonably altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant shall provide Landlord with a letter in writing. A copy of the form of Exhibit B existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing agrees not to commit or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform allow any waste to and obey all laws, ordinances, rules, regulations and orders of be committed on any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside portion of the Premises, except in suitable containers therefor in and at the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal termination of its rubbish as and when necessary as required this Lease to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit deliver up the Premises to be vacant or abandoned or be used Landlord in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyaccordance with Article XXXV hereof.
Appears in 1 contract
Sources: Standard Form Office Lease (Long Beach Holdings Corp)
Use. (a) Tenant shall use the Premises only for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereofPermitted Use. Tenant acknowledges that Tenant has determined and verified that such will not occupy or use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy the Premises, or permit from the City of Middleburg Heights for Tenant’s use any portion of the PremisesPremises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful, in part or in whole, disreputable in any manner, or extra hazardous, nor will Tenant permit anything to be done which shall in any way cause substantial noise (except for routine graduate school activities), vibrations or fumes, or increase the rate of insurance on the Building or contents or cause any cancellation of any insurance policy covering the Building or any portion of its contents. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shallwill comply, at Tenant’s sole 's cost and expense, conform to with all present and obey all future laws, ordinances, rules, regulations and orders of the United States of America, the Commonwealth of Virginia, and any governmental bodies other public or quasi-public authority having jurisdiction over the Premises applicable to Premises. In the use and occupancy event that, by reason of acts or omissions of Tenant, there shall be any increase in the Premises and any repairs or work performed rate of insurance on the Premises Building or contents created by Tenant's acts, omissions or conduct of business, Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing hereby agrees to pay to Landlord the amount of such increase on demand; provided, however, that Landlord provides to Tenant a letter from Landlord's insurer stating that Tenant's acts or omissions have caused the increase in Landlord's insurance premiums. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with or disturb the possession of other tenants or occupants Landlord in the management of Landlord’s Propertythe Building. In addition to, then upon Landlord’s requestand not in limitation of, the foregoing, Tenant agrees that neither Tenant nor its employees, students, clients, customers, agents, guests and/or business invitees shall immediately cease such activity loiter, linger, congregate or install ventilating wait in or around the restrooms, parking areas, sidewalks, walks, lobby entries, lobbies, corridors, staircases, elevators, or any and all other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use common areas of the Building. The parking areas, sidewalks, walks, lobby entries, lobbies, corridors, staircases, elevators, and any and all other common areas of the Building shall not be obstructed or used for any purpose other than ingress and egress to and from the Premises increases or the cost Building. Tenant shall cause its employees, students, clients, customers, agents, guests and/or business invitees to comply with this Section 9(a).
(b) Notwithstanding the generality of Landlord’s Insurance subsection (a) above, Tenant represents, warrants and covenants that (1) the Premises will not be used for any dangerous, noxious or offensive trade or business and that it will not cause or maintain a nuisance therein, (2) it shall at all times comply with all Environmental Laws (as hereinafter defined) with respect and shall cause the Premises to Landlord’s Property comply, and (3) Tenant will keep the Premises, the Building or the cost Land free of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandlien imposed pursuant to any Environmental Laws. Tenant shall not display also cause its subtenants and assignees (if subtenants and assignees are permitted by this Lease or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal are hereafter approved by Landlord. Unless Landlord provides rubbish removal services), in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demandlicensees, Tenant shallinvitees, at its sole cost agents, contractors, subcontractors and expense, provide for the removal of its rubbish as and when necessary as required employees to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demandcomply with all Environmental Laws. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisanceand its permitted subtenants, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertylicensees, invitees, agents, contractors, subcontractors and employees shall obtain, maintain, and comply with all necessary environmental permits, approvals, registrations and licenses.
Appears in 1 contract
Use. Tenant shall use the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises only for the use set forth in a safe Article 1.F. of the Basic Lease Provisions and careful mannershall not use or occupy the Premises or permit the same to be used or occupied for any other purpose without the prior written consent of Landlord, without committing which consent may be given or permitting wastewithheld in Landlord's sole and absolute discretion, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over agrees that it will use the Premises applicable in such a manner so as not to unreasonably interfere with or infringe upon the use and occupancy rights of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Propertyin the Project. Subject to casualty, then upon Landlord’s requestcondemnation and repairs, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, have the right to eliminate the disturbance. If Tenant’s use of and have access to the Premises increases and the cost of Landlord’s Insurance common areas serving the Premises on a seven (as hereinafter defined7) with respect days a week, twenty-four (24) hours a day basis throughout the Term without obtaining any consent from or giving notice to Landlord’s Property or . Except to the cost extent such compliance obligations are otherwise those of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demandprovided herein, Tenant shall, at its sole cost and expense, provide promptly comply with all applicable laws, statutes, ordinances, governmental regulations or requirements (collectively, "Laws") now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises or the Project (excluding structural changes to the Project not related to Tenant's particular use of the Premises), and (ii) improvements installed or constructed in the Premises by or for the removal benefit of its rubbish as and when necessary as required to keep Tenant. Tenant's use of the Premises in a cleanshall be subject to all applicable Laws including, safe and healthy conditionwithout limitation, but in any event at least one (1) time per weekapplicable zoning laws. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same shall not knowingly do or permit to be removed done anything which would invalidate or increase the cost of any insurance policy covering the Project and/or the property located therein and Tenant shall comply (but without obligation to install any improvements or additions or make any upgrades) with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, and Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant's failure to comply with the cost thereof immediately upon demandprovisions of this Article. Tenant will agrees not permit to keep any trash, garbage, waste or other refuse on the Premises except in sanitary containers and agrees to regularly and frequently remove same from the Premises. Tenant shall keep all containers or other equipment used for storage of such materials in a clean and sanitary condition. Tenant shall keep the sewage disposal system in the Premises free of all obstructions and in good operating condition. If the volume of Tenant's trash becomes excessive in Landlord's judgment, Landlord shall have the right to charge Tenant for additional trash disposal services and/or to require that Tenant contract directly for additional trash disposal services at Tenant's sole cost and expense. Tenant shall, at its own cost, retain a licensed, bonded professional pest and sanitation control service to perform inspections of the Premises not less frequently than quarterly for the purpose of eliminating infestation by and controlling the presence of insects, rodents and vermin and shall promptly cause any corrective or extermination work recommended by such service to be vacant or abandoned or performed. Such work shall be used in any way performed pursuant to a written contract, a copy of which may shall be a nuisance, annoyance or inconvenience or which may result in damage delivered to Landlord or other tenants of Landlord’s Propertyby Tenant upon request.
Appears in 1 contract
Use. Tenant shall use the Premises only in conformance with applicable --- governmental laws, regulations, rules and ordinances for only the following use purpose of general office, light manufacturing, biomedical research and development, ad storage and other uses necessary for Tenant to conduct Tenant's business in accordance with all applicable governmental laws and ordinances, and for no other purpose: general office purposes. Contemporaneously Tenant shall not do or permit to be 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, or will cause a cancellation of any insurance covering the Premises or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises which will in any way obstruct or interfere with the execution rights of this Leaseother tenants or occupants of the Premises or neighboring premises 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 cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is be permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of on the Premises. Tenant shall use and occupy not place any loads upon the Premises floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in a safe and careful mannerthe drainage system of the building, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to and obey all laws, ordinances, rules, regulations and orders of remain upon any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy part of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use outside of the building in which Premises increases are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the cost building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of Landlord’s Insurance (as hereinafter defined) with respect any nature shall be stored upon or permitted to Landlord’s Property or remain outside the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandPremises. Tenant shall not display place anything or store allow anything to be placed near the glass of any merchandise window, door partition or wall which may appear unsightly from outside of the Premises. No loud speaker or other device, system or apparatus which can be heard outside the Premises shall be used in or in at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any way obstruct waste upon the sidewalks adjacent theretoPremises. Tenant shall indemnify, defend and hold Landlord harmless against any covenant, condition, or burn restriction ("CC&Rs") affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or place garbage, rubbish, trash, merchandise, containers or any other items outside occupant of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep There are no CC&Rs affecting the Premises in at the time of Lease execution. In the event CC&Rs are subsequently implemented, Landlord shall provide a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails copy of said CC&Rs to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyTenant.
Appears in 1 contract
Use. Tenant The Premises shall use be used solely for the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter Permitted Use set forth in the form of Exhibit B attached hereto Basic Lease Provisions and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises lawful purposes incidental thereto, all in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey compliance with all laws, orders, judgments, ordinances, rulesregulations, regulations codes, directives, permits, licenses, covenants and orders of any governmental bodies having jurisdiction over the Premises restrictions now or hereafter applicable to the Premises, and the use and occupancy of the Premises and thereof (collectively, "LEGAL REQUIREMENTS"). Tenant, within 5 days' after Notice from Landlord, shall cause to be discontinued any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases that is declared by any governmental authority having jurisdiction to be a violation of any Legal Requirement. Provided that Tenant has prior knowledge of the cost then current terms of Landlord’s Insurance (as hereinafter defined) 's insurance coverage with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s PropertyProject, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10i) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not use or permit the Premises to be vacant used for any purpose or abandoned or be used in any way which may manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits, and Tenant, within 5 days' after Notice from Landlord, shall cause to be discontinued any such use, and (ii) Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any insurance policy maintained by Landlord as a nuisanceresult of Tenant's failure to comply with the provisions of this Section. Tenant will use the Premises in a careful, annoyance safe and proper manner and will not commit waste, overload the floor or inconvenience structure of the Premises, subject the Premises to uses that would damage the Premises or which may result in damage to obstruct or interfere with the rights of Landlord or other tenants guests, invitees, licensees, or other authorized users of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into Common Areas or other space in the Project. Tenant shall not place any equipment weighing 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’s Property. Except as may be provided under the Work Letter, Tenant, without the prior written consent of Landlord, shall not use the Premises in any manner that will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises and as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications, to the interior or the exterior of the Premises or the Project, that are required by Legal Requirements (including, without limitation, compliance of the Premises with the Americans With Disabilities Act, 42 U.S.C. (S) 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA")) related to Tenant's use or occupancy of the Premises, provided that the foregoing obligation shall not apply to the extent any non-compliance with Legal Requirements is due to a Construction Defect. 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, Legal Fees) (collectively, "CLAIMS") arising out of or in connection with Legal Requirements and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement, except to the extent, and only to the extent, a Claim is attributable to a Construction Defect or to the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Use. Tenant Premises may be used and occupied only for the purpose set forth in Article 1 (e) and for no other purpose or purposes without the written consent of Lessor. No use shall be made of Premises, no act done in or about Premises, which is illegal, unlawful, or which will increase the existing rate of insurance upon Building. Lessee shall not commit or allow to be committed any waste upon Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other Lessee in Building, nor shall Lessee, without the written consent of Lessor, use any apparatus, machinery, or device in or about Premises which shall cause any substantial noise or vibration. If any of Lessee's office machines and equipment (other than normal small office equipment such as office equipment, computers, printers, and the Premises for only like) should disturb the following use and purpose: general office purposes. Contemporaneously with the execution quiet enjoyment of this Leaseany other occupants in Building, Tenant then Lessee shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that adequate insulation, or take such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, action as may be necessary to eliminate the disturbance. If Tenant’s Lessee shall observe such reasonable rules and regulations as may be adopted and published by Lessor for the safety, care and cleanliness of Premises or Building and the preservation of good order therein. Lessee shall be entitled to the same right of quiet enjoyment from other occupants of the Building. Normal accessible Building hours are 7:00 a.m. to 10:00 p.m., Monday through Friday, with access on weekends as needed. Lessor shall make available such areas and facilities for the common use of all tenants of the Building including lobbies, restrooms, parking areas, driveways, loading areas, access and egress, and walkways. Lessee and its employees, agents and invitees shall have the non-exclusive right to use the Common Areas as it pertains to the first floor as indicated in Exhibit B subject to reasonable rules and regulations of the Lessor. Lessor represents that: ▇▇▇▇▇▇ has authority to execute this Lease; Lessor has title to the Premises increases the cost free and clear of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property any encumbrances, liens or the cost mortgages, except those encumbrances, liens and mortgages and matters of insurance for record, and these and any other tenant matters disclosed and/or otherwise apparent to ▇▇▇▇▇▇; There is legal ingress and egress to the Premises from a public right of Landlord’s Propertyway; and Execution and performance of this Lease will not violate any laws or agreements binding the Lessor. Lessor covenants and agrees with ▇▇▇▇▇▇ that upon ▇▇▇▇▇▇ paying the rent agreed and observing and performing all the terms, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside covenants and conditions of the Premises or in any way obstruct the sidewalks adjacent theretoLease, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of Lessee may peacefully and quietly enjoy the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Property.
Appears in 1 contract
Sources: Lease Agreement
Use. The Premises shall be used for the Permitted Use and for no other purpose. Tenant shall agrees not to use or permit the use of the Premises for only any purpose which is illegal, dangerous to life, limb or property or which, in Landlord’s sole judgment, creates a nuisance or which would increase the following use cost of insurance coverage with respect to the Building. Landlord stipulates and purpose: general office purposesagrees that Tenant’s existing Permitted Use of the Premises does not create a nuisance, is legal, and will not increase the cost of insurance coverage. Contemporaneously with the execution of this Lease, Tenant If there shall provide Landlord with a letter be any increase in the form cost of Exhibit B attached hereto and made insurance coverage with respect to the Building which results from Tenant’s acts or conduct of business, provided such acts or conduct of business is not included as a part hereofPermitted Use, then Tenant hereby agrees to pay the amount of such increase on demand. Tenant acknowledges that Tenant has determined will conduct its business and verified that control its agents, servants, employees, customers, licensees, and invitees in such use is permitted by applicable zoning a manner as not to interfere with, annoy or disturb other tenants or Landlord in the management of the Building and other lawsthe Property. Landlord will obtain an occupancy permit from the City of Middleburg Heights for stipulates and agrees that Tenant’s use existing Permitted Use, does not interfere with, annoy or disturb other tenants or Landlord in the management of the PremisesBuilding or Property. Tenant shall use and occupy will maintain the Premises in a safe good order, condition and careful mannerrepair, without committing or permitting wasteordinary wear and tear excepted, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey comply with all laws, ordinances, rulesorders, codes, rules and regulations and orders of any governmental bodies having entity with jurisdiction over the Premises applicable (“Laws”) pertaining to the use and use, condition, configuration or occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Premises. Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demandthe receipt thereof, Tenant shallshall provide Landlord with copies of any notices it receives with respect to a violation or alleged violation of any such laws, ordinances, orders, rules and regulations. Tenant, at its sole cost and expense, provide for will comply with the removal rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time which do not materially interfere with Tenant’s use of the Premises, and will cause all of its rubbish as agents, employees, invitees and when necessary as required visitors to keep do so. All such changes to rules and regulations will be reasonable and shall be sent by Landlord to Tenant in writing at least thirty (30) days prior to their effective date. The rules and regulations shall be enforced against all tenants of the Premises Property in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertynon-discriminating fashion.
Appears in 1 contract
Sources: Office Lease Agreement (KBS Growth & Income REIT, Inc.)
Use. Tenant Sublessee shall use the Premises for only the following purpose of Banking and General office purposes incidental thereto and for no other purpose without the prior written consent of Sublessor. Sublessee's business shall be established and conducted throughout the term hereof in a first class manner. Sublessee shall not use and purpose: general office purposes. Contemporaneously with the execution of this LeasePremises for, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy or carry on, or permit from the City of Middleburg Heights for Tenant’s use of to be carried on, any offensive, noisy or dangerous trade, business, manufacture or occupation nor permit any auction sale to be held or conducted on or about the Premises. Tenant Sublessee shall use and occupy not do or suffer anything to be done upon the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform which will cause structural injury to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to or the building of which the Premises form a part. The Premises shall not be overloaded and no machinery, apparatus or other appliance shall be used or operated in or upon the Premises which will in any manner injure, vibrate or shake the Premises or the building of which it is a part. No use and occupancy shall be made of the Premises and which will in any repairs or work performed on way impair the efficient operation of the sprinkler system (if any) within the building containing the Premises. Sublessee shall not leave the Premises by Tenant unoccupied or at vacant during the request term. No musical instruments of Tenant. If Tenant’s activities on any sort, or any noise making device will be operated or allowed upon the Premises produce gases, vapors, odors, smoke for the purpose of attracting trade or residuary material disturbing to Landlord otherwise. Sublessee shall not use or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate permit the disturbance. If Tenant’s use of the Premises increases or any part thereof for any purpose which will increase the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost existing rate of insurance for upon the building in which the Premises are located, or cause a cancellation of any other tenant insurance policy covering the building or any part thereof. If any act on the part of Landlord’s PropertySublessee or use of the Premises by Sublessee shall cause, then Tenant directly or indirectly, any increase of Sublessor's insurance expense, said additional expense shall reimburse Landlord or such other tenant, as the case may be, for such additional cost be paid by Sublessee to Sublessor upon demand. Tenant No such payment by Sublessee shall not display limit Sublessor in the exercise of any other rights or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent theretoremedies, or burn constitute a waiver of Sublessor's right to require Sublessee to discontinue such act or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyuse.
Appears in 1 contract
Sources: Assignment Agreement (Lease) (Valley National Corp /De/)
Use. Tenant shall may use the Premises for only the following Healthcare Use and for no other use and or purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases must be in accordance with all applicable Laws, including, without limitation, applicable zoning and land use Laws. In no event shall the cost Premises be used for any purpose which shall violate any of Landlord’s Insurance (as hereinafter defined) the provisions of any Permitted Encumbrance or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises; provided, however, that this sentence shall not apply with respect to Landlordany Permitted Encumbrance in effect on the Date of Rent Commencement so long as (a) the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s Property policy of title insurance) contains affirmative insurance against any loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions satisfactory to Landlord and Lender in their sole discretion, and (b) violation of such Permitted Encumbrance could not result in Landlord or Lender suffering (i) any criminal liability, penalty or sanction, (ii) any civil liability, penalty or sanction for which Tenant has not made provisions reasonably acceptable to Landlord and Lender, or (iii) defeasance or loss of priority of its interest in the cost of insurance for Premises; provided, further, however, that TENANT SHALL NONETHELESS BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE BY TENANT. Tenant agrees that with respect to the Permitted Encumbrances and any other tenant of Landlord’s Propertycovenants, then restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall reimburse Landlord or such other tenantobserve, as perform and comply with and carry out the case may beprovisions thereof required therein to be observed and performed by Landlord. Notwithstanding the foregoing, for such additional cost upon demand. Tenant shall not display use, occupy or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant used or abandoned occupied, nor do or permit anything to be used done in any way or on the Premises in a manner which may be would constitute a nuisance, annoyance public or inconvenience private nuisance or which may result in damage to Landlord or other tenants of Landlord’s Propertywaste.
Appears in 1 contract
Sources: Lease Agreement (Cornerstone Core Properties REIT, Inc.)
Use. 11.1 The Premises shall be used and occupied by Tenant shall use the Premises for only the following use and purpose: general office purposes. Contemporaneously with purposes and for no other purpose without the execution prior written consent of this LeaseLandlord, Tenant shall provide which Landlord with a letter may withhold in the form of Exhibit B attached hereto and made a part hereofits sole discretion. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises, the Building, or the Project, with respect to the suitability thereof for the conduct of Tenant's business. Tenant has determined 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 or cause a cancellation of any fire or other insurance covering the Building, Common Area, or the Premises or any of its contents, nor shall Tenant sell or permit to be kept, used or sold in or about the Premises any article which may be prohibited by a standard form policy of insurance. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for any such insurance by reason of Tenant's failure to comply with the provisions of this Article 11. Tenant agrees that it will use the Premises in such manner as not to interfere with the rights of other tenants of the Building or Common Area. Tenant shall neither use nor allow the Premises, Building or Common Area to be used for any unlawful purpose, nor cause, maintain or permit any nuisance or waste in, on or about any portion of the Project. Tenant will not place a load upon any floor exceeding the floor load which such floor was designed to carry, and verified that such use is permitted by applicable zoning and Landlord reserves the right to prescribe the location of any safe or other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of heavy equipment in the Premises. Tenant shall not use and occupy the Premises or allow anything to be done in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of about the Premises or the Project which will in any way obstruct the sidewalks adjacent theretoconflict with any law, ordinance or burn governmental regulation or place garbage, rubbish, trash, merchandise, containers requirement of any board of fire underwriters or any other items outside duly constituted public authority now in force or hereafter enacted or promulgated affecting the use or occupancy of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant and shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, pomptly comply with all such laws or requirements at its sole cost and expense. The judgment of any court of competent jurisdiction or any admission by Tenant that Tenant has violated any such law, provide for the removal statute, ordinance, rule, regulation or requirement shall be conclusive of its rubbish such fact as between Landlord and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyTenant.
Appears in 1 contract
Sources: Office Lease (Trimark Holdings Inc)
Use. (a) The Premises shall be used for the Permitted Use and for no other purpose. No retail sales may be made from the Premises (other than incidental retail sales from a showroom area). Tenant shall not use the Premises to receive, store or handle any product, material or merchandise that is explosive or highly inflammable or hazardous. Outside storage is prohibited. Tenant shall be solely responsible (at Tenant's sole cost and expense) for only complying with all laws applicable to ITS use, AND occupancy of the following Premises, including without limitation obtaining all required building permits and/or certificates of occupancy FOR THE PREMISES. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the Premises; nor take any other action that would in Landlord's sole judgment constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other person; nor permit the Premises to be used for any purpose or in any manner that would (1) void the insurance thereon, (2) increase the insurance risk, or (3) cause the disallowance of any sprinkler credits. Tenant shall pay to Landlord on demand any increase in the cost of any insurance on the Premises or the Building incurred by Landlord which is caused by Tenant's use of the Premises or because Tenant vacates the Premises IN VIOLATION OF THIS LEASE. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal or dangerous to life, limb or property;
(b) Tenant will conduct its business and purpose: general office purposescontrol its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants or Landlord. Contemporaneously Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to ITS use AND occupancy of the Premises. Tenant, at his expense, will comply with the execution rules and regulations of this Leasethe Building adopted and altered by Landlord from time to time and will cause all of its agents, Tenant shall provide Landlord with a letter in employees, invitees and visitors to do so. ANY FURTHER REVISIONS OF THE RULES AND REGULATIONS SHALL APPLY UNIFORMLY TO ALL TENANTS IN THE BUILDING AND SHALL BE UNIFORMLY ENFORCED. A copy of the form of Exhibit B existing rules and regulations is attached hereto as EXHIBIT "E" and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing agrees not to commit or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform allow any waste to and obey all laws, ordinances, rules, regulations and orders of be committed on any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside portion of the Premises, except in suitable containers therefor in and at the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal termination of its rubbish as and when necessary as required this Lease to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit deliver up the Premises to be vacant or abandoned or be used Landlord in any way which may be a nuisanceas good condition as at the Commencement Date, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyordinary wear and tear excepted, AND SUBJECT TO THE PROVISIONS OF THE LEASE CONCERNING DAMAGE AND CASUALTY.
Appears in 1 contract
Sources: Industrial Service Center Lease Agreement Net (Cavion Technologies Inc)
Use. Tenant The Premises shall use be used solely for the Premises for only Permitted Use set forth in the following use and purpose: general office purposes. Contemporaneously with the execution basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall provide reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with a letter in the form provisions of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted this Section or otherwise caused by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use and/or occupancy of the Premises. Tenant shall will use and occupy the Premises in a careful, safe and careful manner, without committing proper manner and will not commit or permitting permit waste, and Tenant shalloverload the floor or structure of the Premises, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over subject the Premises applicable to the use and occupancy of that would damage the Premises and any repairs or work performed on obstruct or interfere with the Premises by Tenant or at the request rights of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent 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 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’s Property, then upon Landlord’s request. Except as may be provided under the Work Letter, Tenant shall immediately cease such activity 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 install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, water beyond the existing capacity of the Project as proportionately allocated to eliminate the disturbance. If Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, 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) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises increases or Tenant’s Alterations) make any alterations or modifications to the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property Common Areas or the cost exterior of insurance for the Building that are required by Legal Requirements. Following the Commencement Date, except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord alterations or such other tenant, as modifications to the case may be, for such additional cost upon demand. Tenant shall not display interior or store any merchandise outside the exterior of the Premises or in any way obstruct the sidewalks adjacent theretoProject that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s specific use or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside occupancy of the Premises. Notwithstanding any other provision herein to the contrary, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord 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 cost thereof within ten same (10including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) days after demand(collectively, Tenant shall, at its sole cost and expense, provide for the removal “Claims”) arising out of its rubbish as and when necessary as required or in connection with Legal Requirements related to keep Tenant’s specific use or occupancy of the Premises in a cleanor Tenant’s Alterations, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse indemnify, defend, hold and save Landlord for the cost thereof immediately upon demand. Tenant will not permit harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to be vacant comply with any Legal Requirement related to Tenant’s specific use or abandoned occupancy of the Premises or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of LandlordTenant’s PropertyAlterations.
Appears in 1 contract
Sources: Lease Agreement (Metabolix, Inc.)
Use. Tenant shall use the Premises only for only the following Permitted Use and shall comply with all Laws relating to 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 and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of would damage the Premises. The population density within each of the Buildings comprising the Premises shall at no time exceed one person for each 200 rentable square feet therein; however, such population density may from time to time exceed such number on a temporary basis for meetings, conferences and other events of a temporary nature. Tenant may use the Premises after the Normal Building Hours; however, (a) no more than 10% of Tenant’s desks and workstations in each Building comprising the Premises may be in use after Normal Building Hours other than on an occasional basis, and (b) such hours of operation shall not affect (1) the Normal Building Hours, or (2) Tenant’s obligation with respect to all costs and expenses as a result of Tenant operating in the Premises beyond the Normal Building Hours, including accelerated wear and tear on the Building’s Systems. The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of insurance on the Project or its contents, or for the storage of any Hazardous Materials (other than in compliance with all Laws and this Lease). Tenant shall not use and occupy any portion of the Premises for a “call center,” any other telemarketing use, or any credit processing use other than as an ancillary component to Tenant’s Permitted Use in the Premises consistent with Class A buildings in the submarket in which the Buildings are located. Tenant may use any existing wiring or cabling in the Premises in a safe and careful mannerits current “AS-IS” condition; however, without committing any additional wiring or permitting waste, and cabling installed by Tenant shall, or modifications made to the existing wiring or cabling shall be at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over . During the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s requestTerm, Tenant shall immediately cease such activity leave any pre-existing but unused wiring and cabling undamaged and in a neat and organized fashion, labeled, and comparable to its current condition. If, because of a Tenant Party’s acts or install ventilating omissions or other equipment sufficientbecause Tenant vacates the Premises, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use rate of insurance on either of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property Buildings or the cost of insurance for any other tenant of Landlord’s Propertyits contents increases, then Tenant shall reimburse pay to Landlord or the amount of such increase with 15 days of written demand with supporting evidence, and acceptance of such payment shall not waive any of Landlord’s other tenant, as the case may be, for such additional cost upon demandrights. Tenant shall conduct its business and control each other Tenant Party so as not display to create any nuisance or store any merchandise outside unreasonably interfere with Landlord in its management of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyProject.
Appears in 1 contract
Sources: Lease Agreement (Ciena Corp)
Use. Tenant shall use the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. 9.1 Tenant shall use and occupy the Premises in a safe during the Term for retail and careful manner, non-retail banking and general office and related purposes and no other purposes without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants prior written consent of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display use, suffer or store any merchandise outside of permit the Premises or any part thereof to be used for any other purpose or purposes without obtaining written consent of Landlord, which consent shall not be unreasonably withheld.
9.2 Nothing contained in this Lease shall be construed to prohibit or limit Landlord from using or leasing any way obstruct portion of the sidewalks adjacent theretoBuilding, development, or burn or place garbageproject of which the Premises are a part, rubbish, trash, merchandise, containers or any other items outside property owned or controlled by it, for any lawful purpose.
9.3 Should Tenant commit or permit any act or acts upon the Premises or use the Premises or permit the Premises to be used in any manner which will increase the existing rate of insurance on the PremisesBuilding, except in suitable containers therefor in the areas designated for rubbish removal any part thereof or its contents or any part thereof, such additional expense shall be paid by Landlord. Unless Tenant to Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demandof delivery to Tenant of notice of such increase. Tenant shall not, however, commit any acts which will cause the cancellation of any insurance policy. Tenant shallshall not sell or permit to be kept, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep used or sold in or about the Premises in a cleanany article which may be prohibited by the standard form of fire insurance policies, safe and healthy conditionas such now or are hereafter provided, but in covering the Building, any event at least one (1) time per week. If part thereof, or its contents.
9.4 Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same shall not commit or suffer to be removed and committed any waste upon the Premises or any public or private nuisance or any other act or thing which may disturb the quiet enjoyment of any other tenant in the Building in which the Premises are located. Tenant shall reimburse Landlord for not use the cost thereof immediately upon demand. Tenant will not Premises or permit the Premises to be vacant or abandoned or be used in whole or in part for any way which may purpose that is deemed to be in violation of any laws, ordinances, regulations or rules of any public authority or organization at any time. A judgment of any court of competent jurisdiction or the admission by Tenant in any judicial or administrative action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, or rules in the use of the Premises shall be deemed to be a nuisanceconclusive determination of that fact between Landlord and Tenant.
9.5 Upon the expiration or sooner termination of this Lease, annoyance or inconvenience or which may result in damage Tenant shall quit and surrender the Premises to Landlord or other tenants of Landlord’s Propertyin good condition and repair, reasonable wear and tear excepted.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions, in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupancy thereof (collectively, "Legal Requirements"). Tenant shall, upon 5 days' written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall use the Premises reimburse Landlord promptly upon demand for only the following use and purpose: general office purposes. Contemporaneously any additional premium charged for any such insurance policy by reason of Tenant's failure to comply with the execution provisions of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such Section or otherwise caused by Tenant's use is permitted by applicable zoning and other laws. Landlord will obtain an and/or occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall will use and occupy the Premises in a careful, safe and careful manner, without committing or permitting proper manner and will not commit waste, and Tenant shalloverload the floor or structure of the Premises, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over subject the Premises applicable to the use and occupancy of that would damage the Premises and any repairs or work performed on obstruct or interfere with the Premises by Tenant or at the request rights of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Propertythe Project, then upon Landlord’s requestincluding conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall immediately cease such activity cause any equipment or install ventilating machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into Common Areas, or other equipment sufficient, space in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandProject. Tenant shall not display place any machinery or store equipment weighing 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. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any merchandise outside 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. Landlord shall be responsible for the compliance of the Project with Legal Requirements, including the Americans With Disabilities Act, 42 U.S.C. (S) 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA"), as of the Commencement Date (in its then condition and before any work to be undertaken by Tenant pursuant to the Work Letter). Tenant, at its sole expense, shall make any alterations or modifications, to the interior or the exterior of the Premises or in any way obstruct the sidewalks adjacent theretoProject, that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to the performance of Tenant's work under the Work Letter and/or Tenant's use or burn or place garbage, rubbish, trash, merchandise, containers or occupancy of the Premises. Notwithstanding any other items outside provision herein to the contrary, but subject to Landlord's obligations as of the Commencement Date of the Lease, 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 any failure of the Premises, except in suitable containers therefor in or the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal servicesProject to the extent related to Tenant's use or occupancy of the Premises, in which event Tenant shall reimburse Landlord for to comply with any Legal Requirement from and after the cost thereof within ten (10) days after demandCommencement Date, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse indemnify, defend, hold and save Landlord for harmless from and against any and all Claims arising out of or in connection with any failure of the cost thereof immediately upon demand. Tenant will not permit Premises, or the Premises Project to be vacant the extent related to Tenant's use or abandoned or be used in occupancy of the Premises, to comply with any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyLegal Requirement from and after the Commencement Date.
Appears in 1 contract
Sources: Lease Agreement (Equinix Inc)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for only the following use purpose of general office, electronics 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 ordinances and zoning restrictions, and for no other purpose: general office purposes. Contemporaneously with Notwithstanding anything to the execution of this Leasecontrary herein, Tenant shall provide Landlord with not do or permit to be 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, or will cause a letter in cancellation of any insurance covering the form Premises or any part thereof, or any of Exhibit B attached hereto and made a part hereofits contents. Tenant acknowledges that shall not do or permit to be done 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 Premises or neighboring premises 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 has determined and verified that such use is cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of on the Premises. Tenant shall use and occupy not place any loads upon the Premises floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in a safe and careful mannerthe drainage system of the Building, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to and obey all laws, ordinances, rules, regulations and orders of remain upon any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy part of the Premises and any repairs or work performed on outside of the Building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Tenant Landlord for that purpose or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use inside of the Premises increases Building proper where 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 cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandPremises. Tenant shall not display place anything or store allow anything to be placed near the glass of any merchandise window, door partition or wall which may appear unsightly from outside of 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 indemnify, defend and hold Landlord harmless against any way obstruct the sidewalks adjacent theretoloss, Initial: [Illegible] Multi Tenant/Single Parcel Page 1 of 30 BUILDING: Potrero 1 PROPERTY: 01-0034 UNIT: 1 LEASE ID: 0034-RUCK01-01 expense, damage, reasonable attorneys’ fees, or burn liability arising out of failure of Tenant to comply with any applicable law for which Tenant is obligated to comply under the terms of this Lease. Tenant shall comply with any covenant, condition, or place garbagerestriction (“CC&R’s”) affecting the Premises. There are no CC&R’s affecting the Premises at the time of Lease execution. In the event CC&R’s are subsequently implemented (i) said CC&R’s shall be applicable to all tenants within the Building, rubbish, trash, merchandise, containers and (ii) Landlord shall provide a copy of said CC&R’s to Tenant. The provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any Tenant or any other items outside occupant of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Property.
Appears in 1 contract
Sources: Lease Agreement
Use. (a) After the Commencement Date and throughout the Term, Tenant agrees to continuously use and operate its business in the Premises, fully fixtured, stocked and staffed, only for purposes of conducting business as a hydroponics supplier and retail store. Tenant agrees to conduct its business in the Premises so as not to unreasonably interfere with the operation of the Shopping Center or the business of other tenants, and so as not to cause the cancellation, reduction or nonrenewal of any insurance policy of Landlord. Tenant understands that the parking lot is shared by neighboring retail Tenants and shall cooperate with other Tenants to allow the shared parking lot to be used for the visiting patrons doing business with other Tenants. Landlord, at any time, is not responsible for any damage or theft of Tenants inventory. No sales, growing, storage or distribution of any marijuana or products containing marijuana shall be permitted on the premises at any time during the Primary Lease term and any Option Periods. Should Tenant be found in violation, the lease shall be terminated immediately and Tenant shall vacate the premises.
(b) Tenant and its employees and customers have a nonexclusive license to reasonably use exterior areas of the Shopping Center that are not leased to or intended for the exclusive use of Landlord or others ("Common Areas") for their designed purposes. Landlord retains exclusive management and control of all Common Areas and of all portions of the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereofoutside interior walls (excluding storefront). Tenant acknowledges that Tenant has determined agrees to abide by any rules and verified that such use is permitted regulations pertaining to the Common Areas adopted by applicable zoning Landlord from time to time.
(c) All Tenant's signs, displays and other laws. Landlord will obtain an occupancy permit advertising of any kind visible from the City of Middleburg Heights for Tenant’s use exterior of the PremisesPremises must be approved in advance by Landlord and comply with governmental requirements, to include local code restrictions. Tenant is responsible for all costs of sign permits, design, fabrication, installation, removal and replacement. All Tenant's signs must be installed within 60 days from the date Tenant opens for business. Tenant shall use remove all exterior signs and occupy related equipment then in place in, on or about the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demandthe end of the Term. Tenant shall repair any holes, Tenant shall, at its sole cost and expense, provide for openings in the building exterior caused by removal of its rubbish as Tenant's signs and when necessary as required shall apply touch up paint to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per weekareas affected by sign. If Tenant fails to provide remove any such signs within the time permitted, Landlord may hold Tenant's security deposit until such work is done, and may deduct any and all expenses incurred by Landlord in connection with removal, repair and disposal of Tenant's signs from Tenant's security deposit. Tenant shall also be allowed to have signage on the storefront, directly above Tenants leased premise. Tenant shall be responsible for all costs, including permits for the removal of its rubbishabove signage. Tenant signage shall be subject to Landlord approval, then Landlord may cause the same not to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demandunreasonably withheld. Tenant will signage shall contain only standard company name and logo, no exterior signage, window decals, banners etc shall not permit contain any pictures or depictions of marijuana leaf or mention of marijuana specifically.
(d) Tenant agrees to comply with all applicable law, including environmental laws, in its use and occupancy of the Premises. Tenant agrees not to store, generate, treat, transport or release hazardous substances in, on or about the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertythe Shopping Center.
Appears in 1 contract
Use. Tenant shall use the Premises for only the following use The Property and purpose: general office purposes. Contemporaneously each portion thereof is intended to be used as a distribution center in connection with the execution ordinary and customary operations of this LeaseLessee and shall not (i) be used in a discriminatory manner taking into account other properties owned, Tenant shall provide Landlord leased or operated by Lessee, (ii) be used in a manner that would cause the Property or the Equipment to be "tax-exempt use property" within the meaning of Section 168(h) of the Code or "tax-exempt bond financed property" within the meaning of Section 168(g)(5) of the Code, (iii) be used in a manner that would constitute a nuisance or cause or increase the risk of causing any environmental liability with respect thereto, (iv) be used in a letter manner that would invalidate any Warranty on or with respect to the Property or any portion thereof or any insurance policy maintained or required to be maintained on or in respect of the Property, (v) be used in a manner that would violate any Applicable Laws, (vi) be used for the mining for removal of any oil, gas, minerals or dirt or (vii) other than in the form ordinary course of Exhibit B attached hereto and made the business of Lessee be used in a part hereofmanner that involves the storage, handling or disposing of Hazardous Materials (provided that all such storage, handling or disposing shall comply with Environmental Laws). Tenant acknowledges In the event that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from Lessee desires to change the City of Middleburg Heights for Tenant’s use of the PremisesProperty or any portion thereof other than as a distribution center in connection with its ordinary and customary operations, Lessee shall provide notice to Lessor of the intended use, which use shall comply with clauses (ii) through (vii) above. Tenant In addition, the Property shall use and occupy the Premises not be used in a safe and careful manner, without committing or permitting wasteconnection with manufacturing activities other than light assembly, and Tenant shall, any change of use shall not increase the level at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed which Hazardous Materials are used on the Premises by Tenant Property, increase the risks that the Property or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing any Indemnity shall be subjected to Landlord any environmental or other tenants Claim or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity that any Hazardous Material will be released or install ventilating discharged at or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate from the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) Property or that Remedial Action will be required with respect to Landlord’s any portion of the Property. Further, any change in use with respect to the Facility shall not result in structural alterations or modifications to the Property or any portion thereof or impair the cost of insurance for any other tenant of Landlord’s Propertyutility, then Tenant shall reimburse Landlord remaining useful life or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display current or store any merchandise outside residual value of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers Property or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Property.portion thereof
Appears in 1 contract
Use. Tenant (a) The Premises shall use be used and occupied by the Lessee as an office and for no other purpose. Lessee agrees to conduct its business at all times in a reputable manner and to operate all of the Premises for only the following use and purpose: general office purposesunless prevented from doing so because of fire, accident or force majeure. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant Lessee shall, at Tenant’s sole its own cost and expense, conform to obtain any and obey all lawslicenses and permits necessary for the aforesaid use.
(b) Lessee shall not solicit, ordinancespeddle, rulescanvas or distribute handbills or other written material or permit any such acts in its behalf, regulations in the hallways, corridors, or other Common Areas of the Building, or on the grounds, parking areas, and orders of any governmental bodies having jurisdiction over sidewalks surrounding the Premises applicable Building. All such activities shall be confined to the use Premises. Lessee shall not solicit sales from persons other than accredited retail and occupancy wholesale merchants and their representatives.
(c) Lessor reserves the right to prescribe qualifications and time for admission to the Building, including but not limited to the payment of an admission fee, and to restrict access to the Premises Building or any portion thereof to accredited retail and any repairs wholesale merchants and their representatives, and to make admission into the Building conditioned upon presentation and exhibition of such credentials as Lessor may deem necessary or work performed appropriate. Lessee shall be furnished with credentials for admission into the Building if deemed necessary by Lessor.
(d) No sign, tag, label, picture, advertisement, or notice shall be displayed, installed, distributed, inscribed, painted or affixed by Lessee on the Premises by Tenant exterior doors, plate glass or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke exterior or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside interior walls of the Premises or in on any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside part of the Premisesoutside or inside of the Building without the prior written consent of the Lessor as to the content and design thereof. Lessee shall remove all signs, except if any, at the termination of this Lease. Installation and removal of all signs shall be made in suitable containers therefor a good and workmanlike manner so as to avoid injury to or defacement of the Building, Premises and the improvements therein. No show cases or other fixtures or objects shall be placed by Lessee in front of the Building, in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal servicescorridors or elsewhere in or about the Building, in which event Tenant shall reimburse Landlord for other than within the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyPremises.
Appears in 1 contract
Use. Tenant shall agrees to use the Premises for only the following use and purpose: general office purposespurposes and agrees not to use nor permit the use of the Premises or any part thereof for any other purpose, except that Tenant may use the Premises for the conduct of a securities trading and sales business and, in connection therewith, may operate in the Premises as a trading floor and trading support systems for securities trading and sales. Contemporaneously Tenant agrees not to do or permit to be done in or about the Premises or the Building, nor to bring or keep or permit to be brought or kept in or about the Premises or the Building, anything which is prohibited by or will in any way conflict with any law, statute or governmental regulation now or hereafter in effect, or which would subject Landlord or Landlord’s agents to any liability, or which is prohibited by the standard form of fire insurance policy, or which will in any way increase the existing rate of (or otherwise affect) fire or any other insurance on the Building or any of its contents (with the execution understanding that use of the Premises as general office space and the conduct of a securities trading and sales business as contemplated by this LeaseLease will not cause any such increase in insurance rates). If any act or omission of Tenant results in any such increase in premium rates, Tenant shall provide Landlord with a letter in pay to Landlord, as Additional Rent, upon demand the form amount of Exhibit B attached hereto and made a part hereofsuch increase. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy agrees not to do in, on or about the Premises or the Building, or permit from the City of Middleburg Heights for Tenant’s use of to be done in, on or about the Premises. Tenant shall use and occupy , anything which will in any way unreasonably obstruct or interfere with the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders rights of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent theretoBuilding, or burn injure them, or place garbage, rubbish, trash, merchandise, containers use or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit allow the Premises to be vacant used for any unlawful purpose or abandoned any purpose inconsistent with the use generally acceptable in Comparable Buildings (as defined in Paragraph 29(b)). Tenant agrees not to cause or be used in any way which may be maintain in, on or about the Premises or the Building, or permit in, on or about the Premises, a nuisance, annoyance nor to use, or inconvenience permit to be used from the Premises, any loudspeaker or other device, system or apparatus which can be heard outside the Premises without the prior written consent of Landlord nor to permit any objectionable odors, bright lights or electrical or radio interference from the Premises which may result in damage to Landlord annoy or interfere with the rights of other tenants of Landlord’s Propertythe Building or the public. Tenant agrees not to commit or suffer to be committed any waste in or upon the Premises. The provisions of this Paragraph 8 are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Building.
Appears in 1 contract
Sources: Lease Agreement (JMP Group Inc.)
Use. The Demised Premises shall be used and occupied by Tenant shall for any office, warehouse or storage use the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning ordinances so long as such use is in compliance with all applicable laws, ordinances and other lawsgovernmental regulations affecting the Building and Demised Premises. The Demised Premises shall not be used in such manner that, in accordance with any requirement of law or of any public authority, Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use shall be obligated, as a result of the purpose or manner of said use, to make any addition or alteration to or in the Building. The Demised Premises shall not be used in any manner which will increase the rates required to be paid for public liability or for fire and extended coverage insurance covering the Demised Premises. Tenant shall use and occupy the Premises Demised Premises, conduct its business and control its agents, employees, invitees and visitors in such a safe way as is lawful and careful manner, without committing or permitting wastereputable, and Tenant shallwill not permit or create any nuisance, at noise, odor, or otherwise interfere with, annoy or disturb any other tenant in the Building in its normal business operations or Landlord in its management of the Building. Landlord will not lease space adjacent to the Demised Premises to any tenant whose use could reasonably be expected to result in odors, noise, fumes or any other unreasonable interference with Tenant’s sole cost and expense's use of the Demised Premises or whose use of parking, combined with other tenants, could reasonably be expected to be more than 5 spaces per 1,000 rentable square feet. Tenant's use of the Demised Premises shall conform to all the Landlord's rules and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable relating to the use and occupancy of the Premises and any repairs or work performed Demised Premises. Outside storage on the Demised Premises of any type of equipment, property or materials owned or used by Tenant or its customers or suppliers shall not be permitted, without Landlord's prior written consent. Landlord acknowledges and agrees that Tenant's employees may park their vehicles overnight or longer at the request of TenantProperty in connection with business related travel in the area designated on Exhibit B for such purpose. If Tenant’s activities Landlord agrees to install, at Landlord's expense, six (6) "Visitor Only" signs on six (6) parking stalls near the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use front door of the Demised Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Property.depicted on Exhibit B.
Appears in 1 contract
Sources: Lease Agreement (Mgi Pharma Inc)
Use. 6.1 Tenant shall use the Premises only for only the following use Permitted Use and purpose: general office purposesfor no other purpose or purposes without Landlord’s prior written consent. Contemporaneously with the execution of this Lease, Tenant shall provide not at any time leave the Premises vacant, but shall in good faith continuously throughout the Lease Term conduct and carry on upon the Premises the type of business for which the Premises are leased.
6.2 Tenant shall not occupy or use the Premises, or permit any portion of the Premises to be occupied or used, for any use or purpose which is unlawful in part or in whole or deemed by Landlord with a letter to be disreputable in any manner or extra hazardous on account of fire, nor keep anything upon the Premises nor permit anything to be done on or around the Premises that will in any way invalidate, or increase the rate of insurance on the Building. Landlord shall not occupy or use the Retained Areas, or permit any portion of the Retained Areas to be occupied or used, for any use or purpose which is unlawful in part or in whole, disreputable in any manner, or extra hazardous on account of fire, nor keep anything upon the Retained Areas nor permit anything to be done on or around the Retained Areas that will in any way invalidate, or increase the rate of insurance on the Building.
6.3 Tenant shall not permit any objectionable or unpleasant odors to emanate from the Premises; nor place or permit any radio, television, loud-speaker or amplifier outside the Building; nor place an antenna, awning or other projection on the exterior of the Building; nor take any other action which in the form exclusive judgment of Exhibit B attached hereto and made Landlord would constitute a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from nuisance or would disturb or endanger neighboring properties; nor do anything which would tend to injure the City of Middleburg Heights for Tenant’s use reputation of the Premises. Landlord shall not permit any objectionable or unpleasant odors to emanate from the Retained Areas; nor place or permit any radio, television, loud-speaker or amplifier outside the Building; nor place an antenna, awning or other projection on the front exterior of the Building; nor take any other action which would constitute a nuisance or would disturb or endanger neighboring properties; nor do anything which would tend to injure the reputation of the Property.
6.4 Tenant shall use and occupy maintain the Premises and Common Areas in at least its present condition, ordinary wear and tear excepted. Tenant shall store all trash and garbage on the Premises or in portions of the Common Areas approved by Landlord in a safe neat and careful manner, without committing sanitary manner and arrange for the regular pick-up of such trash and garbage at Tenant’s expense. Tenant shall not operate an incinerator or permitting waste, and burn trash or garbage upon the Premises or the Property.
6.5 Tenant shallshall procure, at Tenant’s sole cost and expense, conform to any permits and obey licenses required for the transaction of business by Tenant in the Premises and, at Tenant’s sole expense, will comply with all laws, ordinances, rulesorders, rules and regulations (state, federal, municipal and orders of any governmental other agencies or bodies having any jurisdiction over the Premises applicable thereof) with reference to the use and use, condition or occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Property.
Appears in 1 contract
Use. Tenant shall 4.1 Lessee may use the Leased Premises for only the following Specified Use. Lessee shall not injure, overload, deface or otherwise harm Site, Building or Leased Premises nor permit the same; nor commit any nuisance; nor permit the emitting of any objectionable noise or odor; nor burn any trash or refuse thereon or therein; nor sell, display, distribute or give away any alcoholic liquors or beverages; nor make or permit any use of Leased Premises which is improper, offensive or contrary to any law or ordinance, or which will invalidate or increase the cost of any of Lessor's insurance (including the keeping or storage of any article of dangerous, inflammable or explosive character) or which would increase the danger of fire in Leased Premises or in the Building, nor obstruct or permit the obstruction of driveways, walks, parking areas and purpose: general office purposesother common areas of Site.
4.2 Lessee shall not exhibit, inscribe, paint or affix any sign, advertisement, notice or other lettering (hereinafter referred to as "signs") on any part of the Site, exterior of the Building, or in the windows, without the express prior written consent of Lessor, which consent will not be unreasonably withheld. Contemporaneously Lessor shall have, at any time and from time to time, the right to establish rules and regulations setting forth uniform characteristics for all signs on the Building and Site, and Lessor's refusal to consent to any sign not meeting such characteristics shall not be deemed to be unreasonable. In the event of the violation of the foregoing, Lessor may remove same without any liability, and may charge the expense incurred by such removal to Lessee. Lessee may, however, place a sign on the front door of Leased Premises which sign shall be installed by Lessor at the expense of Lessee, and shall be (i) for identification purposes only; (ii) uniform with all other such signs on Building; and (iii) of a size, color and style acceptable to Lessor.
4.3 Lessee shall not make changes and alterations in or of Leased Premises, without Lessor's prior written consent first had, which consent shall not be unreasonably withheld. Any change or alteration shall be made in strict accordance with all building and zoning laws and with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto rules and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use authority and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request National Board of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers Fire Underwriters or any other items outside body exercising similar functions. The cost of the any such change or alteration shall be paid in cash, or its equivalent, so that Leased Premises, except in suitable containers therefor in the areas designated Building and Site shall at all times be free of liens for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost labor and expense, provide for the removal of its rubbish as and when necessary as required materials supplied or claimed to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails have been supplied to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyLeased Premises.
Appears in 1 contract
Use. Tenant agrees that it shall occupy and use the Premises only for only business offices (including activities incidental to such use) and any other lawful use in keeping with the following use class and purpose: general office character of the Building and for no other purposes. Contemporaneously with Landlord hereby acknowledges and agrees that the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the PremisesBuilding as of the Commencement Date is a permitted use under this Lease. Tenant shall use comply with all federal, state and occupy the Premises in a safe municipal laws, ordinances and careful mannerregulations and all covenants, without committing or permitting waste, conditions and Tenant shall, at restrictions of record applicable to Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and or occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s requestPremises; provided that, Tenant shall immediately cease not be required to incur any expense or to perform any additional construction, unless the need for such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If compliance is solely caused by Tenant’s manner of, or specific use of the Premises increases for the cost conduct of LandlordTenant’s specific business. Without limiting the foregoing, Tenant shall not cause, nor permit, any hazardous or toxic substances to be brought upon, produced, stored, used, discharged or disposed of in, on or about the Premises without the prior written consent of Landlord and then only in compliance with all applicable environmental laws. If solely as a result of Tenant’s particular use of the Premises (a) the amount of insurance premiums payable by Landlord for insurance maintained by Landlord for or in respect to the Building is increased, (b) any such insurance coverage is decreased, or (c) cancellation or refusal to renew any such insurance policy is threatened, Landlord shall provide written notice to Tenant (the “Insurance Notice”), which written notice shall include reasonable documentation evidencing the occurrence of an event referenced in (as hereinafter defineda) with respect through (c) above, whereupon Tenant shall immediately pay any such increased premium or cease any such use. In the event that Tenant fails to pay any such increased premium or cease any such use within five (5) business days after receiving the Insurance Notice, then Landlord shall have the right and option, in addition to Landlord’s Property or other rights and remedies hereunder, to terminate this Lease upon written notice to Tenant effective on the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or date set forth in such other tenant, as the case may be, for such additional cost upon demandnotice. Tenant shall not display or store any merchandise outside of have access to the Premises or in any way obstruct 24 hours per day, seven days per week and 365 days per year during the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyTerm.
Appears in 1 contract
Sources: Office Lease (Telvent Git S A)
Use. The Premises shall be used solely for the use set forth in the Basic Lease Information and for no other use or purpose; provided, however, that Landlord agrees that incidental to Tenant’s permitted use of the Premises as set forth in the Basic Lease Information, Tenant may conduct animal testing, limited to small rodents and guinea pigs, provided that such activity is conducted in compliance with all applicable Legal Requirements and Tenant has obtained all necessary governmental and quasi-governmental permits required in connection therewith. In the event that any such activity by Tenant shall use give rise to a disturbance (including any picket or demonstration) on or about the Premises for only or the following use and purpose: general office purposes. Contemporaneously with the execution of this LeaseProperty, Tenant shall provide Landlord immediately use its best efforts to eliminate such disturbance, and if Tenant’s discontinuance of animal testing is necessary to eliminate such disturbance, Tenant shall discontinue animal testing and remove all animals from the Premises within six (6) months from Landlord’s notice thereof to Tenant. Notwithstanding the foregoing, if the disturbance at issue is one which interferes with a letter another tenant’s access to or quiet enjoyment of its premises in the form of Exhibit B attached hereto Property, and made a part hereof. by reason thereof might subject Landlord to liability to such tenant or entitle such tenant to terminate its lease or reduce the rent payable thereunder, Tenant acknowledges that Tenant has determined shall cause such disturbance to be immediately eliminated, and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for if Tenant’s use discontinuance of animal testing is necessary to immediately eliminate such disturbance, Tenant shall immediately discontinue animal testing and remove all animals from the Premises. Tenant shall use and occupy not do or suffer or permit anything to be done in or about the Premises or the Real Property which will in a safe and careful manner, without committing any way obstruct or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders interfere with the rights of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity the Building or install ventilating injure or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent theretoannoy them, or burn use or place garbage, rubbish, trash, merchandise, containers suffer or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant used for any immoral, unlawful or abandoned objectionable purpose, nor shall Tenant cause, maintain, suffer or permit any nuisance in, on or about the Premises or the Real Property. Without limiting the foregoing, Tenant shall not permit any odors, smoke, dust, gas, substances, noise or vibration to emanate from the Premises, and no loudspeakers or other similar device which can be heard outside the Premises shall, without the prior written approval of Landlord, be used in or about the Premises. Tenant shall not commit or suffer to be committed any way which waste in, to or about the Premises. ▇▇▇▇▇▇ agrees not to employ any person, entity or contractor for any work in the Premises (including moving Tenant’s equipment and furnishings in, out or around the Premises) whose presence may be give rise to a nuisance, annoyance or inconvenience or which may result in damage to Landlord labor or other tenants of Landlord’s Propertydisturbance in the Building and, if necessary to prevent such a disturbance in a particular situation, Landlord may require Tenant to employ union labor for the work.
Appears in 1 contract
Sources: Net Lease (Renovis Inc)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances and only for only the following use purpose of: software and purpose: hardware design, assembly of RF products, operating a general office purposesand for the directly related legal uses thereof and for no other purpose.------ Tenant shall not do or permit to be 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, or will cause a cancellation of any insurance covering the Premises or any part thereof, or any of its contents. Contemporaneously Tenant shall not do or permit to be done anything in, on or about the Premises which will in any way obstruct or interfere with the execution rights of this Leaseother tenants or occupants of the Premises or neighboring premises 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 cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is be permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of on the Premises. Tenant shall use and occupy not place any loads upon the Premises floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in a safe and careful mannerthe drainage system of the building, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to and obey all laws, ordinances, rules, regulations and orders of remain upon any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy part of the Premises and any repairs or work performed on outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Tenant Landlord for that purpose or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use inside of the Premises increases building proper where 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 cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandPremises. Tenant shall not display place anything or store allow anything to be placed near the glass of any merchandise window, door partition or wall that may appear unsightly from outside of 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 indemnify, defend and hold Landlord harmless against any way obstruct the sidewalks adjacent theretoloss, expense, damage, reasonable attorneys’ fees, or burn liability arising out of failure to comply with any applicable law. Tenant shall comply with any term, covenant, condition, or place garbage, rubbish, trash, merchandise, containers restriction (“TCC&R’s”) affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or any other items outside occupant of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Property.
Appears in 1 contract
Sources: Lease Agreement (Zev Ventures Inc.)
Use. Tenant A. Sublessee shall use the Sublease Premises for only the following office use and purpose: general office purposes. Contemporaneously with for no other purpose without the execution prior written consent of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant Sublessor.
B. Sublessee shall, at Tenant’s sole cost and .Sublessee's expense, conform to and obey comply promptly with all lawsapplicable statutes, ordinances, rules, regulations regulations, orders, restrictions of record, and orders requirements in effect during the term or any part of the term hereof regulating the use by Sublessee of the Sublease Premises. Sublessee's business shall be established and conducted through the term hereof in a first class manner. Sublessee shall not use the Sublease Premises for, or carry on, or permit to be carried on, any offensive, noisy or dangerous trade, business, manufacture or occupation nor permit any auction sale to be held or conducted on or about the Sublease Premises. Sublessee shall not do or suffer anything to be done upon the Sublease Premises which will cause structural injury to the Sublease Premises or the building of which the Sublease Premises form a part. The Sublease Premises shall not be overloaded and no machinery, apparatus or other appliance shall be used or operated in or upon the Sublease Premises which will in any manner injure, vibrate or shake the Sublease Premises or the building of which it is a part. No use shall be made of the Sublease Premises which will in any way impair the efficient operation of the sprinkler system (if any) within the building containing the Sublease Premises. No music instrument of any governmental bodies having jurisdiction over sort, or any noise making device will be operated or allowed upon the Sublease Premises applicable to for the purpose of attracting trade or otherwise. Sublessee shall not use and occupancy of or permit the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Sublease Premises increases or any part thereof for any purpose which will increase the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost existing rate of insurance for upon the building in which the Sublease Premises are located, or cause a cancellation of any other tenant insurance upon the building in which the Sublease Premises are located, or cause a cancellation of Landlord’s Propertyany insurance policy covering the building or any part thereof. If any act on the part of Sublessee or use of the Sublease Premises by Sublessee shall cause, then Tenant directly or indirectly, any increase of Sublessor's insurance expense, said additional expense shall reimburse Landlord or such other tenant, as the case may be, for such additional cost be paid by Sublessee to Sublessor upon demand. Tenant No such payment by Sublessee shall not display limit Sublessor in the exercise of any other rights or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent theretoremedies, or burn constitute a waiver of Sublessor's right to require Sublessee to discontinue such act or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyuse.
Appears in 1 contract
Sources: Sublease (Celerity Group Inc)
Use. Tenant shall use the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises2.01. Tenant shall use and occupy the Demised Premises for the Permitted Use and for no other purpose.
2.02. Tenant shall not at any time use or occupy, or do or permit anything to be done in a safe the Demised Premises, in violation of any law, ordinance or regulation governing the use and careful manneroccupation of the Demised Premises or the Building.
2.03. In no event shall the population density in the Demised Premises exceed one (1) person for every two hundred (200) rentable square feet, without committing or permitting wastesuch lesser amount as may be required by the certificate of occupancy for the Building. Landlord represents that the Certificate of Occupancy annexed hereto as Exhibit G has not been amended, and Tenant shall, at Landlord agrees that it will not seek to amend or modify the Certificate of Occupancy in any way that will affect Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Demised Premises.
2.04. The Demised Premises may be used by third parties associated with Tenant’s business (individually a “Desk Sharing Party”, and collectively, “Desk Sharing Parties”) on a temporary basis, upon the following express conditions, unless otherwise agreed to in writing, by 4846-0294-9028.v11
(i) Desk Sharing Parties, in the aggregate, may not occupy more than three thousand (3,000) usable square feet of the Demised Premises; (ii) any such Desk Sharing Party shall not have any rights under this Lease except to occupy space in the Demised Premises, nor shall such occupancy create a landlord-tenant relationship or any privity with the Landlord, and any repairs such Desk Sharing Party shall have no right, title or work performed interest in or to the Demised Premises; (iii) Tenant continues to actively conduct its business in the Demised Premises; (iv) there shall be no separate identification of any Desk Sharing Party on any Demised Premises or Building signage; (v) there shall be no construction or other alterations to the Demised Premises to separate space within the Demised Premises for a Desk Sharing Party (i.e. the Demised Premises shall not be reconfigured to appear to have separate premises within the Demised Premises); (vi) any such arrangement with a Desk Sharing Party will terminate automatically upon the termination of this Lease; (vii) Tenant shall receive no rent or other payment or consideration for the use or occupancy of any space in the Demised Premises by any Desk Sharing Party (other than for reasonable charges for office, clerical, secretarial, messenger and similar services), and (viii) such desk sharing arrangement is for a valid business purpose and not to circumvent the provisions of this Lease, including, without limitation, Article 8. Any Desk Sharing Party use or occupancy agreement is subject and subordinate to this Lease and all matters to which this Lease is subject and subordinate. In connection with such Desk Sharing Party, Tenant will provide Landlord with a copy of a written agreement, (if any), with such Desk Sharing Party and the names and contact information for any such Desk Sharing Party. Tenant hereby indemnifies and holds Landlord harmless hereunder from any and all liabilities, expenses or at the request costs of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing any nature whatsoever to Landlord arising in any manner out of or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate connection with the disturbance. If TenantDesk Sharing Party’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent theretoof, or burn or place garbagepresence in, rubbish, trash, merchandise, containers or any other items outside of the Demised Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Property.
Appears in 1 contract
Sources: Lease Agreement (UroGen Pharma Ltd.)
Use. 2.1 The Premises are to be used only for executive, general, and administrative offices and for no other purpose. Neither Tenant nor any of Tenant's servants, agents, employees, invitees or licensees shall use damage, disfigure or injure the Premises for only or any portion thereof or the following use and purpose: general office purposes. Contemporaneously with Real Property; nor shall Tenant allow the execution emission of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit any offensive odors or noise from the City of Middleburg Heights for Tenant’s use of the Premises. Any office equipment or machines used by Tenant shall use and occupy within the Premises which may interfere with the use or enjoyment of any other tenant or occupant of the Building or which may be heard from any public area in or about the building shall be placed and maintained by Tenant, at Tenant's sole expense, in a safe sound proof setting such as cork, rubber or vibration eliminators to eliminate any such noise or vibration. As an ancillary use, Tenant may mix pharmaceutical prescriptions in the space marked "Pharmaceutical" on the attached plan.
2.2 If any governmental license or permits, other than a certificate of occupancy, shall be required for the proper and careful mannerlawful conduct of Tenant's business in the Premises, without committing or permitting wasteany part thereof, and if failure to secure such license or permit would in any way affect Landlord, Tenant, at its expense shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant shall, at Tenant’s sole cost all times, comply with the terms and expenseconditions of each such license or permit.
2.3 Tenant shall not store, conform place or allow the storing or placement of any materials, debris or other obstructions of any nature in any hallway, lobby or other public areas of the interior of the Real Property or on the sidewalk, parking area or other area or areas abutting or adjacent to and obey the Real Property.
2.4 Tenant shall not place anything on any floor of the Premises which will create a load in excess of the load per square foot which such floor was designed to carry.
2.5 Tenant shall not move any heavy equipment or bulky matter, including, but not limited to safes or large office equipment or furniture, into or out of the Building without first obtaining Landlord's consent. If the movement of such items requires any special handling, all such work shall be done in full compliance with applicable laws, ordinances, rulescodes, rules and regulations and orders of any other applicable governmental bodies having jurisdiction over requirements. All such movements shall be made during hours designated by Landlord which will least interfere with the Premises applicable to the use and occupancy normal operation of the Premises Building, and any repairs all damage directly or work performed on the Premises indirectly caused by such movement shall be promptly repaired by Tenant or at the request Tenant's expense.
2.6 Landlord shall provide Tenant with up to four (4) undesignated parking spaces per one thousand (1,000) square feet of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside floor space of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Property.
Appears in 1 contract
Sources: Lease Agreement (Mim Corp)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for only the following use purpose of general office, light manufacturing, research and development, and storage and other uses necessary for Tenant to conduct Tenant's business, provided that such uses shall be in accordance with all applicable governmental laws and ordinances and for no other purpose: general office purposes. Contemporaneously Tenant shall not do or permit to be done in or about the Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything which is prohibited by or will in any way increase the existing
1. rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct or interfere with the execution rights of this Leaseother tenants or occupants of the Complex 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 cause, maintain or permit any nuisance in, on or about the Premises or the Complex. No sale by auction shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is be permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of on the Premises. Tenant shall use and occupy not place any loads upon the Premises floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in a safe and careful mannerthe drainage system of the building, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to and obey all laws, ordinances, rules, regulations and orders of remain upon any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy part of the Premises and any repairs or work performed on outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Tenant Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or article of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of common area of the Complex. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the request of Tenant. If Tenant’s activities on Premises without the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants prior written consent of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display commit or store suffer to be committed any merchandise outside waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, attorneys' fees, or liability arising out of failure of Tenant to comply with any applicable law. Tenant shall comply with any covenant, condition, or restriction ("CC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyComplex.
Appears in 1 contract
Sources: Lease Agreement (Ipass Inc)
Use. Tenant a. In no event shall Lessee use or permit the use of the Premises for only the following use and purpose: any purpose other than general office purposesuse (which may include, subject to compliance with applicable laws and governmental requirements, use of the Premises for administration, software design and non-destructive, research and development purposes and for other incidental lawful uses, all not involving Hazardous Materials, and all in a manner consistent with operation within a first-class general office use building, so as not to 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 Project). Contemporaneously 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 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 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 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. 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., 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 or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Lessee cause, maintain or permit any nuisance in, on or about the Premises. Lessee shall not 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 to exist in or about the Premises or other portions of the Project at levels in violation of applicable laws or which otherwise pose a material risk of having a material and adverse affect upon the operation of Lessee’s business from the Premises (including, without limitation, access to and/or use of the Premises and parking areas serving the Project). If requested by Lessee within thirty (30) days following the execution of this Lease, Tenant Lessor shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders Lessee copies of any governmental bodies having jurisdiction over Hazardous Materials reports or other environmental reports respecting the Premises applicable Project then existing in Lessor’s possession, which reports shall be maintained by Lessee in strict confidence. Notwithstanding anything to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gasescontrary contained herein, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant Lessee shall not display be responsible for costs related to the testing, remediation and/or presence of Hazardous Materials on or store any merchandise outside of about the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, Project except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal servicesif caused, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demandwhole or in part, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant present thereon or abandoned or be used in thereabout by Lessee, any way which may be a nuisancesubtenant of Lessee and/or any of their respective employees, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyagents, representatives, contractors and/or invitees.
Appears in 1 contract
Use. (a) The Premises and Truck Park shall be used only for receiving, storing, shipping and selling products, materials and merchandise made or distributed by Tenant and for such other lawful purposes as may be incidental thereto, any such other lawful purpose being subject to Landlord's approval which shall not be unreasonably withheld or delayed ; however, no retail sales may be made directly from the Premises to the general public. Tenant shall not use the Premises for only the following use and purpose: general office purposesTruck Park to receive, store or handle any product, material or merchandise that is explosive or highly inflammable or hazardous excluding Permitted Materials hereinafter defined below. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use Outside storage is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premisesprohibited. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey be solely responsible for complying with all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises Laws applicable to the use use, occupancy, and occupancy condition of the Premises and Truck Park. Tenant shall not permit any repairs objectionable or work performed unpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the Premises and Truck Park; nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other person; nor permit the Premises and Truck Park to be used for any purpose or in any manner that would (1) void the insurance thereon, (2) unreasonably increase the insurance risk, or (3) cause the disallowance of any sprinkler credits, however, Landlord agrees that Tenant's planned use is not a breach of this provision. Tenant shall pay to Landlord on demand any increase in the cost of any insurance on the Premises and Truck Park or the Building incurred by Tenant or at the request of Landlord, which is caused by Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s 's use of the Premises increases and Truck Park or because Tenant vacates the cost Premises and Truck Park prior to the expiration of Landlord’s Insurance this Lease.
(as hereinafter definedb) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with respect to Landlord’s Property or others, any parking areas associated with the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Premises and Truck Park which Landlord or such other tenant, as the case may be, has designated for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent theretouse, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required subject to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then such reasonable rules and regulations as Landlord may cause the same promulgate from time to be removed time and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or (2) rights of ingress and egress of other tenants of Landlord’s Propertyand their employees, agents and invitees. Landlord shall not be responsible for enforcing Tenant's parking rights against third parties but shall use reasonable efforts to coordinate and/or mitigate parking disputes with other tenants that may arise from time to time. Notwithstanding the foregoing, Landlord agrees not to enforce rules and regulations, as to this Tenant, in a manner that is more restrictive than to other tenants in the Building.
Appears in 1 contract
Use. Tenant shall use the Premises for only the following use and purpose: general office purposespurposes and purposes incident thereto in compliance with Exhibit H, Hazardous Waste, and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. Contemporaneously 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 issued for the Building of which the Premises are a part, and shall upon five (5) days' written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any recorded covenants, conditions and restrictions affecting the Site or of any law or of said Certificate of Occupancy. Tenant may not offer shared tenant services, such as but not limited to telecommunications, data processing or 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 not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the Building. Tenant shall not interfere with radio or television broadcasting or reception from or in the Building or elsewhere. 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 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 located therein and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant's failure to comply with the execution provisions of this Lease, Paragraph S. Tenant shall provide Landlord not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with a letter in the form rights of Exhibit B attached hereto and made a part hereof. other tenants or occupants of the Building, 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 acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy cause, maintain or permit from the City of Middleburg Heights for Tenant’s use of any nuisance in, on or about the Premises. Tenant shall use not commit or suffer to be committed any waste in, or upon the Premises and occupy shall keep the Premises in a safe first class repair and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandappearance. Tenant shall not display or store any merchandise outside place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord's architect, with the partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all safes, files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof. Tenant's business machines and mechanical equipment which cause vibration or in any way obstruct noise that may be transmitted to the sidewalks adjacent thereto, Building structure or burn or place garbage, rubbish, trash, merchandise, containers or to any other items outside of the Premises, except in suitable containers therefor space in the areas designated for rubbish removal Building shall be so installed, maintained and used by LandlordTenant as to eliminate such vibration or noise. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord be responsible for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as all structural engineering required to keep the Premises determine structural load. Tenant shall fasten all files, bookcases and like furnishings to walls in a clean, safe and healthy condition, but manner to prevent tipping over in the event of earth movements. Landlord shall not be responsible for any event at least one (1) time per week. If Tenant fails to provide damage or liability for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertysuch events.
Appears in 1 contract
Sources: Lease Agreement (Synon Corp)
Use. Tenant shall continually use the Premises for only the following use and purpose: general office purposespurposes and shall not use or permit the Premises to be used for any other purpose. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord not use or occupy the Premises in violation of the certificate of occupancy issued for the Building, nor in violation of the laws, ordinances, directions, orders, regulations or requirements which are now or hereafter in effect from time to time of the United States of America, the State of Arizona or the local municipal or county governing body or other lawful authorities having jurisdiction thereover, and Tenant shall promptly comply with a letter in any and all such laws, ordinances, directions, orders, regulations and requirements which shall, by reason of the form nature of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for 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 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 located therein and shall comply with all rules, orders, regulations and requirements of any board of fire underwriters 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, 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 cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall use not commit or suffer to be committed any waste in or upon the Premises. Certain specific uses are prohibited as set forth in the Rules and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform Regulations as amended from time to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy time. A copy of the Premises current Rules and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (Regulations is attached hereto as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost Exhibit I and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyincorporated herein.
Appears in 1 contract
Use. Tenant Sublessee shall use the Premises for only General Office and for no other purpose without the following prior written consent of Sublessor. Sublessee's business shall be established and conducted throughout the term hereof in a first class manner. Sublessee shall not use and purpose: general office purposes. Contemporaneously with the execution of this LeasePremises for, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy or carry on, or permit from the City of Middleburg Heights for Tenant’s use of to be carried on, any offensive, noisy or dangerous trade business, manufacture or occupation nor permit any auction sale to be held or conducted on or about the Premises. Tenant Sublessee shall use and occupy not do or suffer anything to be done upon the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform which will cause structural injury to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to or the building of which the Premises form a part. The Premises shall not be overloaded and no machinery, apparatus or other appliance shall be used or operated in or upon the Premises which will in any manner injure, vibrate or shake the Premises or the building of which it is a part. No use and occupancy shall be made of the Premises and which will in any repairs or work performed on way impair the efficient operation of the sprinkler system (if any) within the building containing the Premises. Sublessee shall not leave the Premises by Tenant unoccupied or at the request vacant during their term. No musical instrument of Tenant. If Tenant’s activities on any sort, or any noise making device will be operated or allowed upon the Premises produce gases, vapors, odors, smoke for the purpose of attracting trade or residuary material disturbing to Landlord otherwise. Sublessee shall not use or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate permit the disturbance. If Tenant’s use of the Premises increases or any part thereof for any purpose which will increase the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost existing rate of insurance for upon the building in which the Premises are located, or cause a cancellation of any other tenant insurance policy covering the building or any part thereof. If any act on the part of Landlord’s PropertySublessee or use of the Premises by Sublessee shall cause, then Tenant directly or indirectly, any increase of Sublessor's insurance expense, said additional expense shall reimburse Landlord or such other tenant, as the case may be, for such additional cost be paid by Sublessee to Sublessor upon demand. Tenant No such payment by Sublessee shall not display limit Sublessor in the exercise of any other rights or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent theretoremedies, or burn constitute a waiver of Sublessor's right to require Sublessee to discontinue such act or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyuse.
Appears in 1 contract
Sources: Sublease (Pennaco Energy Inc)
Use. Tenant shall use the Premises only for only the following 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 purpose: general office purposesirreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Contemporaneously with Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the execution Term after reasonable advance notice, all governmental approvals, licenses and permits required for the proper and lawful conduct of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is Tenant's permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy not do or permit anything to be done in or about the Premises which will in a safe and careful mannerany way interfere with the rights of other occupants of the Building or the Project, without committing or permitting wasteuse 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 and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall, shall comply at Tenant’s sole cost its expense with all present and expense, conform to and obey all future laws, ordinances, rulesrestrictions, regulations regulations, orders, rules and orders requirements of any all governmental bodies having jurisdiction over the Premises applicable authorities that pertain to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s its use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in 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 areas designated for rubbish removal by LandlordPremises. Unless Landlord provides rubbish removal services, in which event 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 cost thereof within ten (10) days after demandprovisions of this Section, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in shall indemnify Landlord from any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyliability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Use. Tenant shall continuously occupy and use the Premises only for only the following use Permitted Use and purpose: general office purposes. Contemporaneously shall comply with all Laws relating to this Lease and/or the execution of this Leaseuse, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful mannercondition, without committing or permitting wasteaccess to, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises and any repairs will not commit waste, overload the Building's Structure or work performed on the Building's Systems or subject the Premises by Tenant or at to use that would damage the request of TenantPremises. If Tenant’s activities on The population density within the Premises produce gasesas a whole shall at no time exceed one person for each 200 rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, vaporsas between Landlord and Tenant, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, (a) Tenant shall immediately cease 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 activity or install ventilating or 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 equipment sufficient, in Landlord’s reasonable judgment, to eliminate than compliance that is necessitated by the disturbance. If Tenant’s use of the Premises increases for other than the cost Permitted Use or as a result of Landlord’s Insurance any alterations or additions, including any initial tenant improvement work, made by or on behalf of a Tenant Party (as hereinafter defined) with respect to Landlord’s Property 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 the cost results in an increased rate of insurance on the Building or its contents, or for the storage of any Hazardous Materials (other tenant of Landlord’s Propertythan typical office supplies [e.g., photocopier toner] and then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandonly in compliance with all Laws). Tenant shall not display or store use any merchandise outside substantial portion of the Premises or in for a "call center," any way obstruct the sidewalks adjacent theretoother telemarketing use, or burn any credit processing use. If, because of a Tenant Party's acts or place garbage, rubbish, trash, merchandise, containers or any other items outside of because Tenant vacates the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal servicesrate of insurance on the Building or its contents increases, in which event then such acts shall be an Event of Default if Tenant shall reimburse Landlord for the cost thereof does not cure such act or use within ten thirty (1030) days after notice from Landlord, Tenant shall pay to Landlord the amount of such increase on demand, Tenant shall, at its sole cost and expense, provide for the removal acceptance of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in such payment shall not waive any event at least one (1) time per weekof Landlord's other rights. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. conduct its business and control each other Tenant will Party so as not permit the Premises to be vacant create any nuisance or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or unreasonably interfere with other tenants or Landlord in its management of Landlord’s Propertythe Building.
Appears in 1 contract
Use. A. The Premises shall be used solely for the Permitted Use and for no other purpose. In connection with its Permitted Use, Tenant shall have the right to install, maintain, and operate an automated teller machine (an “ATM”), together with related equipment, accessories and identifying signage (collectively, the “ATM Equipment”), in the location within the Premises shown on Exhibit A-2. Tenant shall provide all security measures that are necessary or appropriate for the ATM Equipment (as reasonably determined by Landlord), including, without limitation, mirrors, surveillance cameras, door locks, adequate lighting, exterior visibility, card entry systems, and warning signage. Landlord shall have no responsibility for the ATM Equipment, and shall not be liable for any damage or disruption to same however caused, including, without limitation, due to a disruption in electrical or telecommunication service unless due to the negligence or willful misconduct of the Landlord subject to the limitations set forth in Section 35 below. Tenant shall pay all real, personal property, or other taxes or fees assessed or imposed on the ATM Equipment. Tenant shall separately arrange with, and pay directly to, the applicable public or private utilities as the case may be, for the furnishing, installation, and maintenance of all telecommunications lines, services, and equipment as may be required by Tenant in the use of the ATM Equipment. Landlord makes no representations as to the suitability of the Building or the Premises for an ATM or whether or not an ATM may be installed therein under applicable Laws. Tenant agrees to use the ATM Equipment in a clean, careful, safe, lawful, and proper manner. Tenant acknowledges and agrees that the Permitted Use of the Premises has been precisely defined to achieve a first-class retail use compatible with a first-class office building in the jurisdiction in which the Building is located, as well as a balanced and diversified group of tenants, merchandise and services at the Building. It is understood and agreed that Tenant’s covenant to operate its business in a first-class, appealing and attractive manner is a material inducement to Landlord to enter into this Lease. In connection therewith, Tenant shall (i) maintain a decor and physical layout that is attractive, appealing and consistent with the overall design and quality of the Building; (ii) comply with applicable health and safety codes; and (iii) maintain a high standard of cleanliness and hygiene throughout the Premises and any areas through which Tenant receives deliveries or disposes of refuse, all to the satisfaction of Landlord. Accordingly, it is understood and agreed that without Landlord’s prior written consent, Tenant shall not sell any products, offer any services or undertake any line of business that will directly and materially compete with the use of any other tenant at the Building; it being understood, however, that so long as products, services or lines of business offered by Tenant in the Premises conform with Tenant’s Permitted Use of the Premises, Landlord’s consent for the same shall not be required. Tenant shall not use or occupy the Premises for any unlawful purpose or in any manner that will violate the certificate of occupancy for the Premises or the Building or that will constitute waste.
B. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord’s sole judgement, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants or Landlord in the management of the Building and the Property. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity (“Laws”) with reference to the use, condition, configuration or occupancy of the Premises including, without limitation, procurement by Tenant, at its expense, of all governmental licenses and permits required for the conduct of Tenant’s business in the Premises. If any such law ordinances, orders, rules and regulations require an occupancy or use permit or license for the Premises or the operation of the business conducted therein, then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Notwithstanding anything in this Lease to the contrary, use of the Premises, the Building and the Land is subject to all covenants, conditions, easements and restrictions of record. Tenant, within ten (10) days after the receipt thereof, shall provide Landlord with copies of any notices it receives with respect to a violation or alleged violation of any such Laws. Tenant, at its expense, will comply with the rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time and will cause all of its agents, employees, invitees and visitors to do so, provided such rules do not conflict with, or materially increase Tenant’s obligations under this Lease. All such changes to rules and regulations will be reasonable and shall be sent by Landlord to Tenant in writing. Landlord will use reasonable efforts not to enforce any rule or regulation in a manner which unreasonably and adversely discriminates among similarly-situated tenants. In the event of any conflict or inconsistency between terms and provisions of any such rules and regulations, as now or hereinafter in effect, and the terms and provisions of this Lease, the terms and provisions of this Lease shall prevail.
C. Throughout the Lease Term, Tenant shall: (a) continuously, actively and diligently use, occupy and operate its business in the entire Premises and use the Premises in a first-class and reputable manner for the Permitted Use; (b) keep the Premises fully staffed with adequately trained personnel; (c) keep the Premises open for business from 9:00 a.m. until 2:00 p.m. Monday through Friday (the “Minimum Hours”), at a minimum; (d) not permit carts of any kind to be stored or left outside the Premises (including, without limitation, on the sidewalks or any public or common area of or adjacent to the Building or the Land) longer than reasonably necessary to unload their contents; (e) not cause or permit any objectionable odors to emanate from the Premises, the loading dock, the dumpster area or any other part of the Building and use best efforts to prevent any odors whatsoever from emanating therefrom; and (f) abide by and observe the terms, rules and regulations specified in this Lease (including, without limitation, those of Section 4.A.). Landlord specifically reserves the right to restrict the loading and curbside pickup from the Premises as required by governmental authorities or as Landlord may deem reasonably necessary to alleviate traffic or congestion or otherwise. Tenant acknowledges that the Building is a first-class office building and that the aforesaid obligations are established to enhance the business activity and patronage of all tenants in the Building, and that Tenant’s failure to comply with such obligations would cause Landlord damages which might be difficult to measure accurately. Tenant shall warehouse, store and stock in the Premises only such goods, wares and merchandise as Tenant intends to offer for retail sale at, in, from or upon the Premises. Tenant shall not use more than the Permitted Storage Percentage of the number of square feet of rentable area in the Premises for such warehouse, storage or stock purposes. In addition, Tenant shall not use any portion of the Premises located within five (5) feet of any storefront/display window for such warehouse, storage or stock purposes. Tenant shall use for office, clerical or other nonselling purposes only such space in the Premises as is from time to time reasonably required for Tenant’s business in the Premises.
D. Tenant’s advertised name, as used by Tenant for identification of the business operated in the Premises as of the date hereof, shall be Tenant’s Advertised Name. Tenant shall not change such advertised name at any time during the Lease Term without the prior written consent of Landlord, which consent shall not be unreasonably withheld, giving due regard for the quality and character of the Building and the other tenants thereof. Tenant represents and warrants that as of the date hereof Tenant has full legal authority to use Tenant’s Advertised Name and that Tenant’s Advertised Name does not violate any law or the rights of any third party. Notwithstanding anything contained in this paragraph to the contrary, in the event Tenant merges with or is acquired by another banking or financial institution which results in change of trade name for Tenant’s business in the Premises, such change in trade name (and Tenant’s Advertised Name) shall be permitted without the consent of Landlord. Throughout the Lease Term, Tenant shall take all actions reasonably necessary to protect its legal authority to use Tenant’s Advertised Name.
E. For the purpose of maintaining a uniform and consistent quality of merchandise and merchandising, and for the mutual protection of all retail tenants of the Building, Tenant agrees that Tenant shall obtain Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed) before holding any events (whether special or in the ordinary course of Tenant’s business) which will or may result in crowds, lines, excessive pedestrian or vehicular traffic, noise or other occurrence which is not in conformity with Tenant’s normal and customary day-to-day operations in the Premises permitted by the Permitted Use. Tenant shall not use any space outside the Premises for only display, sale or any other similar undertaking, nor use any advertising medium inside the following use and purpose: general office purposesPremises which may be heard outside the Premises. Contemporaneously with Tenant shall not allow its employees to loiter in or about the execution Common Areas of the Building or on the p▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ alleys adjacent to the Building or the Land.
F. Notwithstanding anything to the contrary contained in this Lease, Tenant shall provide Landlord with a letter in require all trucks or other vehicles serving Tenant to use the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted service areas and/or loading docks provided by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the PremisesLandlord, if any. Tenant shall use confine all deliveries to travel areas designated by Landlord from time to time. Tenant shall cause all such vehicles serving Tenant to be promptly loaded or unloaded (and occupy only between the Premises in a safe hours of 7:00 p.m. and careful manner, without committing or permitting waste8:00 a.m.) and removed from such area, and Tenant shallshall use its best efforts to see that all such trucks or other vehicles owned, operated by or on behalf of, or serving, Tenant shall comply in all respects with all Laws and any applicable rules and regulations governing use of truck or vehicle access, parking, loading and unloading facilities, and permissible hours and places therefor, as the same may be from time to time established, modified or amended by Landlord as aforesaid. Tenant must coordinate with Landlord to gain access to the loading docks and, if necessary, reserve the freight elevator. Immediately after use of such service area is complete, Tenant shall remove any debris and clean such area to its prior condition. Tenant shall not unreasonably impede (a) the use of such area by other tenants, or (b) traffic or parking near such loading area or the Building.
G. Tenant shall comply, at its sole cost and expense, with all orders, requirements and conditions (collectively, “Regulations”) now or hereafter imposed by virtue of any law, or, reasonably required by Landlord, regarding the collection, sorting, separation, or recycling of waste products, garbage, refuse and trash (collectively, “Waste”), including, but not limited to, the separation of Waste into receptacles reasonably approved by Landlord and the removal of such receptacles in accordance with any collection schedules prescribed by such Regulations. Landlord reserves the right (a) to refuse to accept from Tenant any Waste that is not prepared for collection in accordance with any such Regulations, (b) to require Tenant to arrange for Waste collection at Tenant’s sole cost and expense, conform utilizing a contractor reasonably satisfactory to Landlord, and obey (c) to require Tenant to pay all lawscosts, ordinancesexpenses, rulesfines, regulations penalties, or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with any such Regulations. If Tenant is unable to comply with Landlord’s standard procedures regarding the internal collection, sorting, separation and orders recycling of any governmental bodies having jurisdiction over Waste, then, upon reasonable advance notice to Landlord, Landlord shall use reasonable efforts to arrange for alternative procedures for Tenant, provided Tenant shall pay Landlord all additional costs incurred by Landlord with respect thereto.
H. All telephone and telecommunications services desired by Tenant shall be ordered and utilized at the Premises applicable to the use sole expense of Tenant. Unless Landlord otherwise requests or consents in writing, all of Tenant’s telecommunications equipment shall be and occupancy of remain solely in the Premises and any repairs or work performed on the Premises telephone closet(s) designated by Tenant or at Landlord. Landlord shall have no responsibility for the request maintenance of Tenant. If ’s telecommunications equipment (including wiring) nor for any wiring or other infrastructure to which Tenant’s activities on telecommunications equipment may be connected (collectively, “Telecomm Equipment”). Landlord shall have the Premises produce gasesright, vaporsupon reasonable prior notice to Tenant (except in the event of an emergency), odors, smoke to interrupt or residuary material disturbing turn off telecommunications facilities as necessary in connection with repairs to Landlord the Building or installation of telecommunications equipment for other tenants or occupants tenants. Except as otherwise provided in Paragraph IV of Landlord’s Property, then upon Landlord’s requestExhibit E, Tenant shall immediately cease such activity not utilize any wireless communications equipment (other than usual and customary cellular telephones), including antennae and satellite receiver dishes, at the Premises or install ventilating the Building, without Landlord’s prior written consent, which may be granted or other equipment sufficient, withheld in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyabsolute discretion.
Appears in 1 contract
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but specifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant shall and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for only light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the following use Premises provided, however, Tenant may conduct “tent sales” to Tenant's employees and/or customers on or about the Premises, subject to applicable Legal Requirements, but in no event shall such “tent sales” occur more than two (2) times in any given calendar year upon delivery of written notice to Landlord along with a traffic control plan at least sixty (60) days prior to such tent sale, provided Tenant shall be responsible for any cost associated with such “tent sales” including, but not limited to, any related insurance or property tax increases to Landlord, compliance with Legal Requirements, and/or property maintenance resulting from such operation. Landlord shall have no liability whatsoever in connection with such “tent sales”, and purpose: general office purposesTenant shall indemnify Landlord for any and all claims arising from such “tent sales”. Contemporaneously with Notwithstanding anything to the execution of contrary set forth elsewhere in this Lease, Tenant shall provide have the right to place and maintain at all times, patio furniture in an outside location mutually agreeable to Landlord and Tenant, at Tenant's sole cost and expense, during the Lease Term which shall be utilized by Tenant and its employees in connection with a letter its business operations. Landlord shall have no liability whatsoever in connection with such outside patio furniture and Tenant shall indemnify Landlord for any and all claims arising from the form presence and maintenance of Exhibit B attached hereto and made a part hereofsuch outdoor area. Tenant acknowledges will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the designated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, rulesregulations, regulations codes, directives, permits, licenses, covenants and orders of any governmental bodies having jurisdiction over the Premises restrictions now or hereafter applicable to the use Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Landlord represents and occupancy warrants that, as of the Premises and Commencement Date, no written notice has been received by Landlord of non-compliance with any repairs or work performed on Legal Requirements in connection with the Premises. In the event that Landlord receives notice that the Premises by Tenant or at is not in compliance with applicable Legal Requirements existing as of the request of Commencement Date and such non-compliance is not related to Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s 's specific use of the Premises increases or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the Commencement Date without cost of Landlord’s Insurance (or expense to Tenant and without including such cost or expense as hereinafter defined) an Operating Expense. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with respect applicable Legal Requirements which come into effect after the Commencement Date and such non-compliance is not related to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside Tenant's specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in any way obstruct order to bring the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by LandlordPremises into compliance with applicable Legal Requirements which shall be chargeable to Tenant as an Operating Expense. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for make any alterations or modifications, within or without the removal Premises, that are required by Legal Requirements related to Tenant's use or occupation of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demandPremises. Tenant will not use or permit the Premises to be vacant used for any purpose or abandoned or be used in any way which may manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be a nuisance, annoyance or inconvenience or which may result in damage subject to Landlord or other tenants all obligations of Landlord’s PropertyTenant under this Lease.
Appears in 1 contract
Use. (a) The Demised Premises shall be used for first class executive, administrative and general offices and for no other purpose whatsoever.
(b) Except as herein specifically permitted, Tenant shall not use, generate, manufacture, store or dispose of any Hazardous Substance on, under or about the Demised Premises or the Building nor transport any Hazardous Substance thereto (except chemicals customarily used in ordinary cleaning activities in a building comparable to the Building and incidental to the operation of ordinary business machines such as photocopiers). Tenant shall maintain records of all Hazardous Substances situated on, under or about the Demised Premises and the disposal or transportation of the same so as to comply with all Environmental Laws and shall, as prescribed by law, make all reports to all appropriate Governmental Authorities respecting such transportation, disposal, storage or release of any such Hazardous Substance. Notwithstanding the preceding provisions of this paragraph (b), Tenant shall immediately advise Landlord, in writing, of any and all enforcement, clean-up, remediation, removal or other governmental or regulatory actions instituted, completed or threatened pursuant to any applicable Environmental Laws relating to any Hazardous Substances affecting the Premises; all claims, made or threatened by any person (including a Governmental Authority) against the Demised Premises, Tenant or Landlord relating to any damage, injury, costs, remedial action or cost recovery compensation arising out of or due to the existence of any such Hazardous Substance in or about the Demised Premises.
(c) Tenant shall remove all Hazardous Substances which it introduced or disposed of (or on behalf of Tenant were introduced or disposed of) into or within the Demised Premises from the Demised Premises upon the expiration or earlier termination of the Term.
(d) Tenant shall defend, indemnify and hold the Indemnities harmless from and against all actions, causes of action, claims, lawsuits, administrative proceedings, hearings, judgments, awards, fines, penalties, costs (including legal, engineers’, experts’, investigatory and consulting fees), damages, remediation activities and clean-up costs, liens, and all other liabilities incurred by any of Landlord, its officers, directors, shareholders, employees and agents, whenever incurred on or after the Commencement Date, arising out of any Tenant’s act or failure to act resulting in (i) the existence or presence (or alleged existence or presence) on or about the Building of any Hazardous Substance or the release of any Hazardous Substance into the environment; (ii) the occurrence or existence on or about the Building of any Hazardous Activity or Hazardous Condition; (iii) any personal injury or property damage resulting from any Hazardous Activity on or about the Building or the existence of a Hazardous Condition at the Building; (iv) the violation of any Environmental Law; or (v) the commencement or prosecution of any judicial or administrative procedure arising out of any claims under any Environmental Law or common law cause of action in which Landlord is named a party or in which it may intervene.
(e) Notwithstanding anything herein set forth to the contrary, Tenant shall not use nor suffer or permit, throughout the Premises for only the following use and purpose: general office purposes. Contemporaneously with the execution term of this Lease, the Demised Premises or any portion thereof to be used for any of the following enterprises or purposes:
(i) An employment agency (but any offices used by Tenant for Tenant’s recruitment of personnel or for training such Tenant’s personnel in connection with Tenant’s business shall provide Landlord not be deemed to be a violation of this restriction);
(ii) Offices for any governmental agency, public corporation, commission or quasi-governmental entity or any Person not subject to lawsuit in either the courts of the United States or the State of New York located in New York County;
(iii) An embassy or consular office;
(iv) Health care professionals, including any medical, dentistry, chiropractic, podiatry, drug or other rehabilitative office or facility;
(v) School, educational or training center;
(vi) Bookstore, head shop or other enterprise a material portion of whose business includes or whose space is devoted to the sale, leasing, advertisement, promotion or delivery of: pornographic or sexually explicit magazines, books, films, video tapes, computer discs, games, photographs, pictures, posters or other material or media; sexual devices; drug paraphernalia of any description; or which advertises or holds itself out as an “adult” bookstore, sex shop or similar business;
(vii) Messenger service;
(viii) The business of photographic, multilith or multi graph reproductions or offset printing, except in connection with Tenant’s own business or activities;
(ix) A stockbroker’s or dealer’s office or for the underwriting or sale of securities unless used solely for general and executive offices of such entity and not for the sale of securities to the general public, except via telecommunications devices;
(x) Clerical support facility providing services to persons outside of the Demised Premises;
(xi) Showroom or exhibition hall;
(xii) A banking, trust company, or safe deposit business;
(xiii) A savings bank, or a letter savings and loan association or a loan company;
(xiv) The sale of travelers’ checks and/or foreign money exchange;
(xv) The offices or business of a welfare, drug or alcohol dependency treatment center, or similar agency, whether public or private; Fortune tellers, tarot card readers or similar establishments, arcade-type use, including without limitation, amusement devices, games or machines or pool hall; Betting parlors, gambling casinos or gambling-type establishments; Nightclub, disco, catering establishment, restaurant, fast food restaurant, delicatessen, grocery store, establishment or counter for the sale of all on- or off-premises consumption of food or any other facility for the handling, storage, distribution or sale of food and foodstuff; provided, however, that in the form of Exhibit B attached hereto connection with, and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for incidental to, Tenant’s use of the Demised Premises for the purposes first set forth in Section 2.01(a), at its expense and upon compliance with all of the terms and conditions of this Lease and all Applicable Laws and all Requirements, may use a portion of the Demised Premises as a pantry for the purpose only of warming prepared foods by microwave-oven or electrical warming devices which are designed primarily for the aforesaid purpose, and dispensing of food to its officers, employees and invitees conducting business with Tenant. Tenant may also install vending machines for the exclusive use of its officers, employees and such invitees, each of which vending machine (if it dispenses any beverages or other liquids or refrigerates) shall have a waterproof pan located thereunder, connected to a drain; Uses that attract unusual crowds to the sidewalks around the building or create unusual noise or disturbances; or Use by entities or organizations that openly advocate the overthrow of, or are otherwise hostile to, the State of Israel or espouse anti-semitic views, or are deemed by the United States State Department to be terrorists or sponsors of terrorism.
(f) The obligations of Tenant under this Section 2.01 shall survive the expiration or earlier termination of the Term.
2.02 Tenant shall not at any time use or occupy the Demised Premises in violation of the Certificate of Occupancy then issued for the Demised Premises or for the Building and in the event that any department of the City or State of New York shall hereafter contend or declare by notice, violation, order or in any other manner whatsoever that the Demised Premises are used for a purpose which is a violation of such Certificate of Occupancy, Tenant shall, upon receipt of written notice from Landlord or any Governmental Authority, immediately discontinue such use of the Demised Premises.
2.03 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 anything to be brought into or kept therein which, in the reasonable judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a high quality office building, impair or interfere with or tend to 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 discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the reasonable judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance; provided, however, that the use or installation of personal computers, computer peripherals, photocopying and occupy other machines customarily employed in general business offices shall be permitted so long as such use does not (i) require consumption of electricity in excess of the service required to be provided to the Demised Premises hereunder to be exceeded, (ii) cause any vibration to affect the Building structure and floor slabs and (iii) result in a safe any unreasonably intrusive sound to emanate from the Demised Premises.
2.04 If any governmental license or permit shall be required for the proper and careful manner, without committing lawful conduct of Tenant’s business or permitting wasteother activity carried on in the Demised Premises, and Tenant if the failure to secure such license or permit might or would, in any way, adversely affect Landlord or the Building, then Tenant, at Tenant’s expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant, at Tenant’s expense, shall at all times comply with the requirements of each such license or permit. Landlord shall, at Tenant’s sole cost and expense, conform cooperate with Tenant as may be reasonably required to obtain any such license or permit and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to otherwise in connection with matters involving the use and or occupancy of the Premises and Demised Premises.
2.05 In the event that Tenant shall be served with a written order, violation or summons from any repairs municipal or work performed on governmental agency relating to the Premises by conduct of the then business of Tenant or at in the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s requestDemised Premises, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If notify Landlord within five (5) business days of Tenant’s use receipt of same by certified mail of the Premises increases the cost existence of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property such order, violation or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandsummons and enclose an conformed copy thereof. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expenselikewise, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage give notice to Landlord of any order, request or other tenants of Landlord’s Propertyrequirement given to it by any company insuring the Demised Premises.
Appears in 1 contract
Sources: Lease Agreement (Tangoe Inc)
Use. Tenant Tenant: (a) shall not use the Demised Premises for only any unlawful purpose or act; shall not commit waste or damage to the following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Demised Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant ; shall, at Tenant’s sole cost and 's expense, conform to comply with and obey all federal, state, municipal and other applicable laws, ordinancesregulations, rules, regulations and or orders of any governmental bodies having jurisdiction over the Premises applicable authority or agency relating to the use operating, managing, insuring, equipping, repairing, replacing and occupancy maintaining of the Demised Premises to the extent the same are otherwise the obligation of Tenant under this Lease; (b) shall comply with all reasonable rules and regulations for the building as promulgated by Landlord; (c) shall not do or permit anything to be done in or about the Demised Premises which will in any repairs way materially obstruct or work performed on interfere with the Premises by Tenant or at the request rights of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant the Landlord or injure them; (d) shall immediately cease such activity not use or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate permit the disturbance. If Tenant’s use of the Demised Premises increases as living quarters, sleeping rooms, or overnight accommodations; (e) shall follow and abide by all historic covenants on the cost building and ensure compliance with any and all applications and approvals by state or local historic organizations; and (f) shall not do or permit anything to be done which will invalidate any fire and extended coverage, public liability and property damage insurance on or as to the Demised Premises, or increase the premium rates therefor. Tenant shall comply with all reasonable requests of any carrier of the foregoing insurance risks. Landlord shall not be responsible to Tenant for non-performance by any occupant of the Demised Premises of the rules and regulations promulgated by Landlord’s Insurance (. Tenant agrees as hereinafter defined) follows: Tenant shall not engage or cause to engage or condone an activity or activities or performance of activity with respect to lewd or crude behavior including but not limited to profanity, nudity, diverse contests either inside or outside of the Demised Premises or within the property lines including but not limited to advertising, banners, signage, programs, contests, promotional flyers or items, interior or exterior decor, window clings or window signage. All garbage and refuse shall be kept in the size and kind of container specified by Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display burn any trash or store any merchandise outside of the Premises garbage in or in any way obstruct the sidewalks adjacent theretoabout Demised Premises. No loudspeakers, televisions, phonographs, radios or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant devices shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may a manner so as to be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or heard other tenants than by persons who are within the Demised Premises without the prior written consent of Landlord’s Property. Tenant shall not permit or place any obstructions in the outside areas immediately adjoining the Demised Premises including but not limited to the sidewalks in front of and to the side of the Demised Premises or the parking lot to the side of the Demised Premises. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be introduced therein and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant.
Appears in 1 contract
Sources: Lease Agreement
Use. The Premises shall be used and occupied for general business office purposes and for no other use or purpose. Tenant shall use the Premises for only the following use comply with all present and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for future Laws relating to Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy of the Premises (and make any repairs repairs, alterations or work performed on improvements as required to comply with all such Laws to the Premises extent that such Laws relate to or are triggered by Tenant or at the request of Tenant. If (a) Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s occupancy and particular use of the Premises increases the cost of Landlord’s Insurance (as hereinafter definedopposed to general office use), or (b) with respect to Landlord’s Property any Alterations made by or on behalf of Tenant (excluding the cost of insurance for any other tenant of Landlord’s PropertyTenant Improvements)), then Tenant and shall reimburse Landlord or such other tenant, observe the “Building Rules” (as the case may be, for such additional cost upon demanddefined in Section 27 - Rules and Regulations). Tenant shall not display do, bring, keep or store any merchandise outside of sell anything in or about the Premises or in any way obstruct the sidewalks adjacent theretothat is prohibited by, or burn that will cause a cancellation of or place garbagean increase in the existing premium for, rubbish, trash, merchandise, containers any insurance policy covering the Property or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlordpart thereof. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant occupied or abandoned or be used in any way which may be manner that will constitute waste or a nuisance, annoyance or inconvenience disturb the quiet enjoyment of or which may result otherwise annoy other tenants in damage to Landlord the Building. 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 any governmental use (including embassy or consulate use), or for personnel agency, customer service office, studios for radio, television or other tenants media, travel agency or reservation center operations or uses. Tenant shall not, without the prior consent of Landlord, (i) bring into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or 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 low power task lighting or 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 connected load capacity of the circuit. Tenant’s Propertyuse of electricity shall never exceed the safe capacity of the feeders to the Property or the risers or wiring installation of the Building. Tenant agrees to reasonably cooperate with Landlord with respect to any voluntary “green” or sustainable programs with respect to the Premises; provided, however, that notwithstanding anything to the contrary, Tenant shall not be responsible to make any improvements or alterations to the Premises or to replace any equipment or property of Tenant in connection therewith unless Landlord agrees to pay for all costs for such improvements, alterations or replacements. The foregoing sentence shall not apply to Tenant’s construction of the initial Tenant Improvements in the Premises.
Appears in 1 contract
Sources: Lease Agreement (Inpixon)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances and only for only the following use purpose of: software and purpose: hardware design, assembly of RF products, operating a general office purposesand for the directly related legal uses thereof and for no other purpose.------- Tenant shall not do or permit to be 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, or will cause a cancellation of any insurance covering the Premises or any part thereof, or any of its contents. Contemporaneously Tenant shall not do or permit to be done anything in, on or about the Premises which will in any way obstruct or interfere with the execution rights of this Leaseother tenants or occupants of the Premises or neighboring premises 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 cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is be permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of on the Premises. Tenant shall use and occupy not place any loads upon the Premises floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in a safe and careful mannerthe drainage system of the building, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to and obey all laws, ordinances, rules, regulations and orders of remain upon any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy part of the Premises and any repairs or work performed on outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Tenant Landlord for that purpose or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use inside of the Premises increases building proper where 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 cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandPremises. Tenant shall not display place anything or store allow anything to be placed near the glass of any merchandise window, door partition or wall that may appear unsightly from outside of 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 indemnify, defend and hold Landlord harmless against any way obstruct the sidewalks adjacent theretoloss, expense, damage, reasonable attorneys' fees, or burn liability arising out of failure to comply with any applicable law. Tenant shall comply with any term, covenant, condition, or place garbage, rubbish, trash, merchandise, containers restriction ("TCC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or any other items outside occupant of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Property.
Appears in 1 contract
Sources: Lease Agreement (Full Spectrum Inc.)
Use. Tenant shall use the Premises only in conformance with --- applicable governmental laws, regulations, rules and ordinances for only the following use purpose of general office, research and development, assembly and storage uses necessary for Tenant to conduct Tenant' business, provided that such uses shall be in accordance with all applicable governmental laws and ordinances, and for no other purpose: general office purposes. Contemporaneously Tenant shall not do or permit to be done in or about the Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct or interfere with the execution rights of other tenants or occupants of the Complex 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 cause, maintain or permit any nuisance in, on or about the Premises or the Complex. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other 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 in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where 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 or on any portion of the common area of the Complex. 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 indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable Initial: /s/ [ILLEGIBLE] ---------------- Multi Tenant/Complex Page 1 of 25 BUILDING: Milpitas 10 PROPERTY: 1-0210 UNIT: 2 LEASE ID: 0210-OPTI01-01 attorneys' fees, or liability arising out of failure of Tenant to comply with any applicable law for which Tenant is obligated to comply under the terms of this Lease, . Tenant shall provide Landlord comply with a letter in any covenant, condition, or restriction ("CC&R's") affecting the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Premises which regulates Tenant’s 's use of the Premises. Tenant The provisions of this Paragraph are for the benefit of Landlord only and shall use and occupy not be construed to be for the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders benefit of any governmental bodies having jurisdiction over the Premises applicable to the use and occupancy Tenant or occupant of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyComplex.
Appears in 1 contract
Sources: Lease Agreement (Opti Inc)
Use. Tenant shall use the Premises only for only the following 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 purpose: general office purposesirreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Contemporaneously with Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the execution Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s permitted use of the Premises. Tenant shall not use and occupy or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in a safe and careful manner, without committing the Premises. Tenant shall not do or permitting wastepermit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building or its contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall, shall comply at Tenant’s sole cost its expense with all present and expense, conform to and obey all future laws, ordinances, rulesrestrictions, regulations regulations, orders, rules and orders requirements of any all governmental bodies having jurisdiction over the Premises applicable authorities that pertain to the use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s its use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in 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 areas designated for rubbish removal by LandlordPremises. Unless Landlord provides rubbish removal services, in which event 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 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 cost thereof within ten (10) days after demandprovisions of this Section, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in shall indemnify Landlord from any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlordliability and/or expense resulting from Tenant’s Propertynoncompliance.
Appears in 1 contract
Sources: Industrial Lease (Sunpower Corp)
Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions, in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupancy thereof (collectively, "Legal Requirements"). Tenant shall, upon 5 days' written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall use the Premises reimburse Landlord promptly upon demand for only the following use and purpose: general office purposes. Contemporaneously any additional premium charged for any such insurance policy by reason of Tenant's failure to comply with the execution provisions of this Lease, Tenant shall provide Landlord with a letter in the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such Section or otherwise caused by Tenant's use is permitted by applicable zoning and other laws. Landlord will obtain an and/or occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall will use and occupy the Premises in a careful, safe and careful manner, without committing or permitting proper manner and will not commit waste, and Tenant shalloverload the floor or structure of the Premises, at Tenant’s sole cost and expense, conform to and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over subject the Premises applicable to the use and occupancy of that would damage the Premises and any repairs or work performed on obstruct or interfere with the Premises by Tenant or at the request rights of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord’s Propertythe Project, then upon Landlord’s requestincluding conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall immediately cease such activity cause any equipment or install ventilating machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into Common Areas, or other equipment sufficient, space in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demandProject. Tenant shall not display place any machinery or store equipment weighing 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. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any merchandise outside 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. Landlord shall be responsible for the compliance of the Project with Legal Requirements, including the Americans With Disabilities Act, 42 U.S.C. (S) 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA"), as of the Delivery Date (in its then condition and before any work to be undertaken by Tenant pursuant to the Work Letter). Tenant, at its sole expense, shall make any alterations or modifications, to the interior or the exterior of the Premises or in any way obstruct the sidewalks adjacent theretoProject, that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to the performance of Tenant's work under the Work Letter and/or Tenant's use or burn or place garbage, rubbish, trash, merchandise, containers or occupancy of the Premises. Notwithstanding any other items outside provision herein to the contrary, but subject to Landlord's obligations as of the Delivery Date of the Lease, 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 any failure of the Premises, except in suitable containers therefor in or the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal servicesProject to the extent related to Tenant's use or occupancy of the Premises, in which event Tenant shall reimburse Landlord for to comply with any Legal Requirement from and after the cost thereof within ten (10) days after demandDelivery Date, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse indemnify, defend, hold and save Landlord for harmless from and against any and all Claims arising out of or in connection with any failure of the cost thereof immediately upon demand. Tenant will not permit Premises, or the Premises Project to be vacant the extent related to Tenant's use or abandoned or be used in occupancy of the Premises, to comply with any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertyLegal Requirement from and after the Delivery Date.
Appears in 1 contract
Sources: Lease Agreement (Equinix Inc)
Use. The Premises will be used only for the Permitted Use. Tenant shall use and Tenant’s Agents will not: (i) do or permit to be done in or about the Premises, nor bring to, keep or permit to be brought or kept in the Premises, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation which is now in force or which may be enacted or promulgated after the Date of Lease or with the Declaration; (ii) do or permit anything to be done in or about the Premises for only the following use and purpose: general office purposes. Contemporaneously which will in any way obstruct or interfere with the execution rights of this Leaseother tenants of the Building or Project; (iii) do or permit anything to be done in or about the Premises which is dangerous to persons or property; or (iv) cause, Tenant shall provide Landlord with a letter in maintain or permit any nuisance in, on or about the form of Exhibit B attached hereto and made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of Premises or commit or allow to be committed any waste in, on or about the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shall, at Tenant’s At its sole cost and expense, conform to and obey Tenant will promptly comply with (a) all laws, ordinancesstatutes, ordinances and governmental rules, regulations or requirements now in force or in force after the Commencement Date of this Lease regarding the operation of Tenant’s business and orders of any governmental bodies having jurisdiction over the Premises applicable to the use use, condition, configuration and occupancy of the Premises and any repairs or work performed on (except to the Premises by Tenant or at the request of Tenant. If Tenant’s activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants extent of Landlord’s Propertyobligations under Section 9.3 and Exhibit B-1 with respect to the Tenant Work); (b) the certificate of occupancy issued for the Building and the Premises; and (c) any recorded covenants, then upon Landlordconditions and restrictions, if any, which affect the use, condition, configuration and occupancy of the Premises, including the Declaration. Notwithstanding the foregoing, however, Tenant’s request, Tenant obligations under this Section 9.1 shall immediately cease such activity or install ventilating not include the performance of any structural work with respect to the Premises or other equipment sufficientportions of the Project, except to the extent such work is required in Landlordconnection with (a) Tenant’s reasonable judgmentAlterations (as defined in Section 12.3), (b) Tenant’s particular use of the Premises (as opposed to eliminate the disturbance. If Tenant’s use of the Premises increases for the cost of Landlord’s Insurance Permitted Use in a normal and customary manner) or (as hereinafter definedc) with respect to Landlord’s Property or the cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor a change in the areas designated Permitted Use stated in Section 1.8, regardless of whether Landlord approves such change. The term “Permitted Use” specifically excludes any use as a call center or similar high-density use that exceeds any density limitation set forth in the Rules and Regulations; as an employment agency for rubbish removal day labor; by Landlord. Unless Landlord provides rubbish removal services, a governmental agency; or that is inconsistent with the Building being a Class A professional office building consistent with other Class A office buildings in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost San ▇▇▇▇ and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s PropertySanta ▇▇▇▇▇ market area.
Appears in 1 contract
Sources: Office Lease (Zscaler, Inc.)
Use. The Premises shall be used only for purposes of Nail Salon which use must be made in accordance with all applicable laws, ordinances, regulations and all other governmental requirements, as well as all rules and regulations for the Building adopted by Landlord and modified from time to time in Landlord’s discretion. Tenant covenants that it shall at all times have all necessary permits and approvals, if any, for such use. Tenant shall use not do or allow anything in the Premises for only or the following use and purpose: general office purposesBuilding that could increase Landlord's fire insurance rates or cause any of Landlord's insurance to be adversely affected, or that would be considered extra-hazardous by insurance companies. Contemporaneously with the execution of this Lease, The Premises are not to be used as a residence. Tenant shall provide Landlord with a letter not install any window mounted air conditioning units in the form Premises; the only air conditioning units that Tenant may install are floor units that exhaust out a window, which may only be installed and removed by Landlord. At Tenant’s request, Landlord shall store Tenant’s floor units, clearly labeled with Tenant’s name, in the basement of Exhibit B attached hereto and made a part hereofthe Building at no charge to Tenant during the months when air conditioning is not necessary. Tenant acknowledges that Tenant has determined neither the Property nor the Premises are furnished with a security system and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises. Tenant shall use and occupy the Premises in a safe and careful manner, without committing or permitting waste, and Tenant shallbe responsible, at Tenant’s sole its own cost and expense, conform to for installing a security system and obey all laws, ordinances, rules, regulations and orders of any governmental bodies having jurisdiction over or other security measures for the Premises applicable to the use and occupancy protection of the Premises and ▇▇▇▇▇▇’s personal property stored therein. Landlord shall not be held liable for any repairs loss or work performed on the Premises by Tenant or at the request of Tenant. If damage to Tenant’s activities on the Premises produce gasespersonal property, vaporsfixtures or fit-up by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. Tenant acknowledges that Landlord is not an insurer and ▇▇▇▇▇▇ assumes all risk of loss to its personal property, odorsfixtures and fit-up, smoke and further acknowledge that neither Landlord nor its agents have made any representation or residuary material disturbing to Landlord warranty, nor has Tenant relied upon any representation or other tenants warranty, express or occupants implied, including any warranty of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity merchantability or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the cost of insurance fitness for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord particular purpose relative to any security measures recommended or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord or other tenants of Landlord’s Propertyundertaken.
Appears in 1 contract
Sources: Lease Agreement