Common use of Manner of Use Clause in Contracts

Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Tenant shall obtain and pay for all permits required for Tenant’s specific use and occupancy of the Property, and for Industrial Lease—Atlanta Dendreon Corporation Majestic Airport Center III Union City, GA all business licenses, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, Landlord shall, at Tenant’s sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, but not limited to, fire extinguishers) that may be required by the fire department or any governmental agency because of Tenant’s specific use of the Property. It shall be considered a Tenant Delay under Article Fourteen below if a delay in obtaining such permit thereby delays or affects Landlord’s receipt of governmental permits, approvals or certificates of occupancy. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the Property, and (ii) any alteration or any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Xxxxxx has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately notify Landlord in writing of any water infiltration at the Property of which Xxxxxx becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements in accordance with Applicable Laws, including, without limitation, the Americans with Disabilities Act.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Dendreon Corp)

AutoNDA by SimpleDocs

Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, which annoys or other governmental requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlordthe Project, or which constitutes a nuisance or waste. Notwithstanding anything contained in this Lease to the contrary, Tenant shall at its sole cost and expense, faithfully observe and promptly comply and cause the Property to comply with all local, state or federal laws, statutes, ordinances and governmental rules, regulations or requirements now or hereafter in force including, but not limited to, the Occupational Safety and Health Act, laws or regulations relating to the accessibility or useability of the Property by disabled persons, and the requirements of any board of fire underwriters or other similar bodies now or hereafter constituted relating to or affecting the condition, use or occupancy of the Property, regardless of (a) the relationship of the cost of compliance to the Base Rent reserved in this Lease; (b) the length of the Lease Term; (c) the degree to which compliance would benefit Landlord or Tenant; (d) whether compliance relates or pertains to structural or non-structural matters; (e) the degree to which Tenant's use and enjoyment of the Property will be interfered with while work to comply is taking place; and, (f) whether the parties contemplated application of the particular applicable law in question. Tenant acknowledges that Landlord makes no representation or warranty in this Lease that the Property or any portion thereof is in compliance with any governmental statutes, ordinances, rules or regulations relating to the accessibility or useability of the Property or any portion thereof by disabled persons. Tenant shall obtain and pay for all permits licenses and permits, including a Certificate of Occupancy, required for Tenant’s specific 's occupancy or use and occupancy of the Property, and for Industrial Lease—Atlanta Dendreon Corporation Majestic Airport Center III Union City, GA all business licenses, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, if any alteration or modification to the structure (including the bearing and demising walls and the roof) of the Property or its systems ("Structural/System Modification") is required under any law, statute, code, rule or regulation ("Laws"), (i) with respect to Laws in effect prior to the Commencement Date, including but not limited to the Americans With Disabilities Act, Landlord shall, at Tenant’s Landlord's sole cost and expense, cooperate and not as an Common Area Expense, make such Structural/System Modification to the Property and Common Areas if and when required by any governmental agency, pursuant to such Laws; provided, however, that if such Structural/System Modification is triggered by or required as a result of Tenant's specific use of or improvements to the Property, Tenant shall solely bear the cost of such Structural/System Modification, and (ii) with respect to new Laws taking effect after the Commencement Date (for this purpose, a change in the interpretation of or a change in the procedures for enforcing an existing Law will be the equivalent of a new Law), Landlord shall, subject to reimbursement by Tenant as a Common Area Expense in executing permitting applications accordance with Section 4.05(e) of this Lease, make such Structural/System Modification to the Property and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authorityCommon Areas, if applicableand when required by any governmental agency, pursuant to such new Laws; provided, however, that the cost of such Structural/System Modification shall be amortized over the useful life of such items; and provided further, that if such Structural/System Modification is triggered by or required as a result of Tenant's specific use of or improvements to the Property, Tenant shall solely bear the cost of such Structural/System Modification. Notwithstanding the foregoing, in connection with Tenant's initial Tenant Improvements to the Property, Landlord shall, at Tenant’s Landlord's sole cost and expense, shall be responsible for make any modifications to the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, but not limited to, fire extinguishers) that may be Property required by the fire department or any governmental agency because pursuant to the Americans With Disabilities Act of Tenant’s specific use 1990 ("ADA") in order to bring into compliance any portion of the Property. It shall be considered a Tenant Delay under Article Fourteen below if a delay Property not in obtaining such permit thereby delays or affects Landlord’s receipt compliance with the ADA on the date of governmental permits, approvals or certificates of occupancy. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use delivery of the PropertyProperty to Tenant; provided that, and (ii) to the extent the Tenant Improvements do not constitute ordinary industrial/office space improvements, Tenant shall bear the cost of any alteration or any tenant improvements made by Tenant or at modifications to the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant Property required by any federal, state or local governmental body charged with agency pursuant to the establishment, regulation and enforcement ADA as a result of occupational, health or safety standards, then such non-standard Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Xxxxxx has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately notify Landlord in writing of any water infiltration at the Property of which Xxxxxx becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements in accordance with Applicable Laws, including, without limitation, the Americans with Disabilities ActImprovements.

Appears in 1 contract

Samples: Industrial Real Estate Lease (All American Semiconductor Inc)

Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, which annoys or other governmental requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlordthe Project, or which constitutes a nuisance or waste. Notwithstanding anything contained in this Lease to the contrary, Tenant shall at its sole cost and expense, faithfully observe and promptly comply and cause the Property to comply with all local, state or federal laws, statutes, ordinances and governmental rules, regulations or requirements now or hereafter in force including, but not limited to, the Occupational Safety and Health Act, laws or regulations relating to the accessibility or useability of the Property by disabled persons, and the requirements of any board of fire underwriters or other similar bodies now or hereafter constituted relating to or affecting the condition, use or occupancy of the Property, regardless of (a) the relationship of the cost of compliance to the Base Rent reserved in this Lease; (b) the length of the Lease Term; (c) the degree to which compliance would benefit Landlord or Tenant; (d) whether compliance relates or pertains to structural or non-structural matters; (e) the degree to which Tenant's use and enjoyment of the Property will be interfered with while work to comply is taking place; and, (f) whether the parties contemplated application of the particular applicable law in question. Tenant acknowledges that Landlord makes no representation or warranty in this Lease that the Property or any portion thereof is in compliance with any governmental statutes, ordinances, rules or regulations relating to the accessibility or useability of the Property or any portion thereof by disabled persons. Tenant shall obtain and pay for all permits licenses and permits, including a Certificate of Occupancy, required for Tenant’s specific 's occupancy or use and occupancy of the Property, and for Industrial Lease—Atlanta Dendreon Corporation Majestic Airport Center III Union City, GA all business licenses, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, if any structural alteration or modification ("Structural Modification") is required under any law, statute, code, rule or regulation ("Laws"), (i) with respect to Laws in effect prior to the Commencement Date, Landlord shall, at Tenant’s Landlord's sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary not as an Common Area Expense, make such Structural Modification to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authorityProperty and Common Areas, if applicable. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, but not limited to, fire extinguishers) that may be when required by the fire department or any governmental agency because agency, pursuant to such Laws; provided, however, that if such Structural Modification is triggered by or required as a result of Tenant’s 's specific use of or improvements to the Property. It , Tenant shall be considered a Tenant Delay under Article Fourteen below if a delay in obtaining solely bear the cost of such permit thereby delays or affects Landlord’s receipt of governmental permits, approvals or certificates of occupancy. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the PropertyStructural Modification, and (ii) any alteration with respect to new Laws taking effect after the Commencement Date (for this purpose, a change in the interpretation of or any tenant improvements made a change in the procedures for enforcing an existing Law will be the equivalent of a new Law), Landlord shall, subject to reimbursement by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is as a party thereto, that Xxxxxx has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately notify Landlord in writing of any water infiltration at the Property of which Xxxxxx becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements Common Area Expense in accordance with Applicable Section 4.05(e) of this Lease, make such Structural Modification to the Property and Common Areas, if and when required by any governmental agency, pursuant to such new Laws; provided, includinghowever, without limitationthat the cost of such Structural Modifications shall be amortized over the useful life of such items; and provided further, that if such Structural Modification is triggered by or required as a result of Tenant's specific use of or improvements to the Americans with Disabilities ActProperty, Tenant shall solely bear the cost of such Structural Modification.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Gish Biomedical Inc)

Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”"APPLICABLE LAWS"), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Tenant shall obtain and pay for all permits required for Tenant’s specific use and 's occupancy of the Property, and for Industrial Lease—Atlanta Dendreon Corporation Majestic Airport Center III Union City, GA all business licenses, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, Landlord shall, at Tenant’s 's sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant’s 's sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, but not limited to, fire extinguishers) that may be required by the fire department or any governmental agency because of Tenant’s specific use agency, save and except for the standard ESFR fire suppression systems and pump and any such valves, draft curtains, smoke venting and additional fire protection systems that are part of the Property. It shall Building Shell Improvements to be considered a Tenant Delay under Article Fourteen below if a delay in obtaining such permit thereby delays or affects constructed at Landlord’s receipt of governmental permits, approvals or certificates of occupancy's cost and expense. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s 's use of the Property, and (ii) any alteration or any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulationsregulations so long as Tenant is not actively contesting the same. The final, unappealed or unappealable judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Xxxxxx Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately promptly notify Landlord in writing of any water infiltration at the Property indicating the need for a repair that is the responsibility of which Xxxxxx becomes aware. Landlord shall be responsible for constructing under this Lease and any other material water infiltration in the Base Building Shell Improvements in accordance with Applicable Laws, including, without limitation, the Americans with Disabilities ActBuilding.

Appears in 1 contract

Samples: Lease Agreement (Sierra Pacific Resources /Nv/)

Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated promulgated, including, without limitation, any “green building” ordinance, law or regulation (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Consistent with the terms of Article Fourteen below and the Tenant Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s specific use and occupancy of the PropertyBuilding, and for Industrial Lease—Atlanta Dendreon Corporation Majestic Airport Center III Union City, GA all business licenseslicenses relating to Tenant’s occupancy of the Building and the operation of its business, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, Landlord shall, at Tenant’s sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, but not limited to, fire extinguishers) that may be required by the fire department or any governmental agency because of Tenant’s specific use of the Property. It shall be considered a Tenant Delay under Article Fourteen below if a delay in obtaining such permit thereby delays or affects Landlord’s receipt of governmental permits, approvals or certificates of occupancy. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the Property, and (ii) any alteration or any tenant improvements Improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Xxxxxx Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately notify Landlord in writing of any water infiltration at the Property of which Xxxxxx becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements in accordance with Applicable LawsWarm Springs Road and Xxxxxxx Road Las Vegas, includingNevada Switch, without limitation, the Americans with Disabilities Act.Ltd.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Switch, Inc.)

Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated promulgated, including, without limitation, any “green building” ordinance, law or regulation (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Consistent with the terms of Article Fourteen below and the Tenant Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s specific use and occupancy of the PropertyBuilding, and for Industrial Lease—Atlanta Dendreon Corporation Majestic Airport Center III Union City, GA all business licenseslicenses relating to Tenant’s occupancy of the Building and the operation of its business, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, Landlord shall, at Tenant’s sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, but not limited to, fire extinguishers) that may be required by the fire department or any governmental agency because of Tenant’s specific use of the Property. It shall be considered a Tenant Delay under Article Fourteen below if a delay in obtaining such permit thereby delays or affects Landlord’s receipt of governmental permits, approvals or certificates of occupancy. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the Property, and (ii) any alteration or any tenant improvements Improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Xxxxxx Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately notify Landlord in writing of any water infiltration at the Property of which Xxxxxx becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements in accordance with Applicable Laws, including, without limitation, the Americans with Disabilities Act.

Appears in 1 contract

Samples: And Attornment Agreement (Switch, Inc.)

Manner of Use. Tenant shall not cause or permit the Property Premises to be improved, developed, improved or used in any way which constitutes a violation of any applicable law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated promulgated, including, without limitation, any future applicable “green building” ordinance, law or regulation or any ordinance, law, or regulation concerning the cultivation, production, and sale of controlled substances (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Tenant shall obtain and pay for all permits required for Tenant’s specific use and occupancy of the PropertyPremises, and for Industrial Lease—Atlanta Dendreon Corporation Majestic Airport Center III Union City, GA all business licenses, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the PropertyPremises, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, Landlord shall, at Tenant’s sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, but not limited towithout limitation, fire extinguishers) that may be required by the fire department or any governmental agency because of based on Tenant’s specific use of the Property. It shall be considered a Tenant Delay under Article Fourteen below if a delay in obtaining such permit thereby delays or affects Landlord’s receipt of governmental permits, approvals or certificates of occupancyuse. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the PropertyPremises, and (ii) any alteration or any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health health, environmental or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations, including, without limitation, any governmental requirement to obtain and maintain permits for the use or operation of any equipment at the Premises or regulating effluent discharges in the course of Tenant’s operations at the Premises. The final judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Xxxxxx Tenant has violated any Applicable Laws, shall be he conclusive of that fact as between Landlord and Tenant. Tenant shall immediately promptly notify Landlord in writing of any water infiltration at the Property of which Xxxxxx becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements in accordance with Applicable Laws, including, without limitation, the Americans with Disabilities ActPremises.

Appears in 1 contract

Samples: Lease Agreement (MJ Holdings, Inc.)

Manner of Use. Tenant shall will use the Premises only for the Permitted Uses. Tenant will not cause or permit the Property Premises to be improved, developed, or used in any way which (i) constitutes a violation of any lawLegal Requirements (as defined below) or the Rules and Regulations established by Landlord, statute, ordinance, (ii) annoys or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlordthe Property, or which (iii) constitutes a nuisance or wastewaste or will invalidate any insurance carried by Landlord. Tenant shall will, at its sole cost and expense, obtain and pay for all permits required for Tenant’s specific use and occupancy necessary permits, including a certificate of the Propertyoccupancy, and for Industrial Lease—Atlanta Dendreon Corporation Majestic Airport Center III Union City, GA all business licenses, and shall will promptly take all actions necessary to comply with all applicable statutesfederal, ordinancesstate or local laws, codes, rules, regulations, orders orders, covenants and requirements (collectively, “Legal Requirements”), regulating the use by Tenant of the PropertyPremises. Furthermore, including without limiting notwithstanding anything in this Lease to the Occupational Safety contrary, (i) Tenant is responsible for determining whether or not the zoning is appropriate for Tenant’s intended use, and Health Act. Notwithstanding (ii) if Legal Requirements hereafter change so as to require during the foregoingterm of this Lease the construction of an addition to, an alteration of, or the reinforcement or other physical modification of the Building, as a result of Tenant’s use of the Premises and/or alterations to the Premises made by the Tenant, or the remediation of any Hazardous Substance not shown on an environmental Phase I report provided by Landlord to Tenant covering the Property and dated on or before the Beneficial Occupancy Date, Landlord shall, at shall cause the required work to be performed and the costs of such work shall constitute Operating Expenses (as defined below) in accordance with the terms of the Lease. Tenant shall be responsible for Tenant’s sole cost and expensePro Rata Share of such costs, cooperate with unless the costs pertain to the Premises only in which event Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, but not limited to, fire extinguishers) that may be required by the fire department or any governmental agency because of Tenant’s specific use of the Property. It shall be considered a Tenant Delay under Article Fourteen below if a delay in obtaining such permit thereby delays or affects Landlord’s receipt of governmental permits, approvals or certificates of occupancy. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the Property, and (ii) any alteration or any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Xxxxxx has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately notify Landlord in writing of any water infiltration at the Property of which Xxxxxx becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements in accordance with Applicable Laws, including, without limitation, the Americans with Disabilities Actentire cost.

Appears in 1 contract

Samples: Industrial Lease (Viasystems Group Inc)

Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force which annoys or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of any other tenants of LandlordLandlord or other parts of the Project, or which constitutes a nuisance or waste. Tenant may not place any equipment or items on the roof without Landlord’s written permission (which permission shall not be unreasonably withheld). Except as approved in writing by Landlord, Tenant shall not have any access to the roof area of the Project, shall not go onto the roof of the Project, and shall prohibit Tenant’s employees, customers and invitees from going onto the roof area of the Project. Tenant shall not keep any live animals inside or outside of the Property or Project, nor shall Tenant leave food either inside or outside of the Property or Project which would attract animals to the Property or Project. Subject to any specific requirements in the Construction Rider for Landlord to obtain specific permits, Tenant shall obtain and pay for all permits required for Tenant’s specific use and occupancy of the Property, and for Industrial Lease—Atlanta Dendreon Corporation Majestic Airport Center III Union CityTenant shall, GA all business licensesat Tenant’s sole expense, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, covenants, conditional use permits, conditions and restrictions, regulations, orders and requirements regulating the use or occupancy by Tenant of the Property, including without limiting to the Occupational Safety and Health Act and the California Occupational Safety and Health Act, and regulations and rules thereunder. Notwithstanding the foregoing, Landlord shall, at Tenant acknowledges that this Lease and Tenant’s sole cost leasehold interest under this Lease are subordinate to any covenants, conditions and expense, cooperate restrictions presently or in the future promulgated or recorded in connection with Tenant in executing permitting applications the Property and performing other ministerial acts reasonably necessary to enable Tenant to obtain as a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation requirement of any fire hose valvesparcel map, draft curtains, smoke venting and any additional fire protection systems amendments or modifications thereto (includingreferred to in this Lease as “CC&Rs”). Tenant agrees to comply with any such CC&Rs and to pay any costs, but not limited to, fire extinguishers) that may be required by the fire department assessments or any governmental agency because of Tenant’s specific use of charges under such CC&Rs which are charged or assessed against the Property. It Tenant shall be considered a Tenant Delay pay its Pro Rata Share of any assessments against the entire Project under Article Fourteen below if a delay in obtaining any CC&Rs (unless such permit thereby delays or affects Landlord’s receipt of governmental permits, approvals or certificates of occupancy. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) assessment is specifically against Tenant’s use of the Property, and (ii) any alteration or any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant Property in any judicial action, regardless of whether Landlord is a party thereto, that Xxxxxx has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. which case Tenant shall immediately notify Landlord in writing of any water infiltration at the Property of which Xxxxxx becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements in accordance with Applicable Laws, including, without limitation, the Americans with Disabilities Actpay such entire assessment).

Appears in 1 contract

Samples: Qualstar Corp

Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated promulgated, including, without limitation, any “green building” ordinance, law or regulation (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Tenant shall obtain and pay for all permits required for Tenant’s specific use and occupancy of the Property, and for Industrial Lease—Atlanta Dendreon Corporation Majestic Airport Center III Union City, GA all business licenses, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, Landlord shall, at Tenant’s sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain from the applicable governmental authority a High Pile Stock Permit (or comparable permit) from the applicable governmental authority), if applicableneeded. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, but not limited towithout limitation, fire extinguishers) that may be required by the fire department or any governmental agency because of Tenant’s specific use of the Property. It shall be considered a Tenant Delay under Article Fourteen below if a delay in obtaining such permit thereby delays or affects Landlord’s receipt of governmental permits, approvals or certificates of occupancy. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the Property, and (ii) any alteration or any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Xxxxxx Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately notify Landlord in writing of any water infiltration at the Property of which Xxxxxx Tenant becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements in accordance with Applicable Laws, including, without limitation, the Americans with Disabilities Act.

Appears in 1 contract

Samples: Switch, Inc.

AutoNDA by SimpleDocs

Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, which annoys or other governmental requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlordthe Project, or which constitutes a nuisance or waste. Notwithstanding anything contained in this Lease to the contrary, Tenant shall obtain and pay for all permits required for Tenant’s specific use and occupancy of the Property, and for Industrial Lease—Atlanta Dendreon Corporation Majestic Airport Center III Union City, GA all business licenses, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, Landlord shall, at Tenant’s its sole cost and expense, cooperate faithfully observe and promptly comply and cause the Property to comply with Tenant all local, state or federal laws, statutes, ordinances and governmental rules, regulations or requirements now or hereafter in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (force including, but not limited to, the Occupational Safety and Health Act, laws or regulations relating to the accessibility or useability of the Property by disabled persons, and the requirements of any board of fire extinguishers) that may be required by underwriters or other similar bodies now or hereafter constituted relating to or affecting the fire department condition, use or any governmental agency because of Tenant’s specific use occupancy of the Property, regardless of (a) the relationship of the cost of compliance to the Base Rent reserved in this Lease; (b) the length of the Lease Term; (c) the degree to which compliance would benefit Landlord or Tenant; (d) whether compliance relates or pertains to structural or non-structural matters; (e) the degree to which Tenant's use and enjoyment of the Property will be interfered with while work to comply is taking place; and, (f) whether the parties contemplated application of the particular applicable law in question. It shall be considered a Tenant Delay Notwithstanding the foregoing, if any structural alteration or modification ("Structural Modification") is required under Article Fourteen below if a delay any law, statue, code, rule or regulation ("Laws"), (i) with respect to Laws in obtaining such permit thereby delays or affects Landlord’s receipt of governmental permitseffect prior to the Commencement Date, approvals or certificates of occupancy. Tenant Landlord shall, at its Landlord's sole cost and expense, promptly comply with and not as an Common Area Expense, make such Structural Modification to the Property and Common Areas, if and when required by any Applicable Laws which relate governmental agency, pursuant to (such Laws; provided, however, that if such Structural Modification is triggered by or are triggered by) (i) Tenant’s required as a result of Tenant specific use of or improvements to the Property, Tenant shall solely bear the cost of such Structural Modification, and (ii) any alteration with respect to new Laws taking effect after the Commencement Date (for this purpose, a change in the interpretation of or any tenant improvements made a change in the procedures for enforcing an existing Law will be the equivalent of a new Law), Landlord shall, subject to reimbursement by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is as a party thereto, that Xxxxxx has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately notify Landlord in writing of any water infiltration at the Property of which Xxxxxx becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements Common Area Expense in accordance with Applicable Section 4.05(e) of this Lease, make such Structural Modification to the Property and Common Areas, if and when required by any governmental agency, pursuant to such new Laws; provided, includinghowever, without limitationthat the cost of such Structural Modification shall be amortized over the useful life of such items; and provided further, that if such Structural Modification is triggered by or required as a result of Tenant's specific use of or improvements to the Americans with Disabilities ActProperty, Tenant shall solely bear the cost of such Structural Modification.

Appears in 1 contract

Samples: Trimedyne Inc

Manner of Use. A. Tenant shall not cause use, or permit its employees, agents, contractors or invitees to use, the Leased Premises, Building or Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”), or which unreasonably annoys or interferes with the rights of other tenants of Landlordthe Building or Property, or which constitutes a nuisance or waste. Tenant shall obtain and pay for all permits required for Tenant’s specific use conduct of its business in the Leased Premises, Building and occupancy of Property for the Property, and for Industrial Lease—Atlanta Dendreon Corporation Majestic Airport Center III Union City, GA all business licenses, Permitted Use and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property(including, including without limiting to limitation, the Occupational Safety and Health Act and the Americans with Disabilities Act) regulating: (i) Tenant’s Work, (ii) any of Tenant’s desired alterations, additions and improvements (excluding Landlord’s Work, but subject to Landlord’s obligation to deliver the Leased Premises to Tenant with Landlord’s Work Substantially Complete and in compliance with all then-existing federal, State and local laws, statutes, rules, regulations, ordinances, court orders and decrees, and administrative orders and all administrative policies and guidelines), and (iii) Tenant’s conduct of its business in the Leased Premises, Building and Property. Notwithstanding Tenant shall not place weight upon any space on the foregoingsecond floor exceeding the structural floor load of two hundred fifty pounds (250 lbs.) per square foot of area) or that which is permitted by law or to carry or otherwise use any Building system in excess of its capacity or in any other manner which may damage such system or the Building. Tenant’s failure to comply with the foregoing restriction on the structural floor load is a breach of this Lease. Subject to the terms and conditions of this Lease regarding Landlord’s access to the Leased Premises, Landlord shallTenant shall have the right, at Tenant’s sole cost and expense, cooperate to install, operate and maintain a security system and/or card access system in the Leased Premises and Lobby. Tenant shall be permitted to use wireless communication devices in, on or about the Lease Premises, including, without limitation, Wi-Fi; provided such wireless communications devices do not unreasonably interfere with any pre-existing equipment at the Property. Subject to Landlord’s prior written approval of the installation and design therefor (which approval shall not be unreasonably withheld, delayed or conditioned), Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from shall have the applicable governmental authority, if applicable. Tenantright, at Tenant’s sole cost and expense, shall be responsible for to install, operate and maintain a security system and/or card access system in the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, but not limited to, fire extinguishers) that may be required by the fire department or any governmental agency because of Tenant’s specific use of the Property. It shall be considered a Tenant Delay under Article Fourteen below if a delay in obtaining such permit thereby delays or affects Landlord’s receipt of governmental permits, approvals or certificates of occupancy. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the Property, and (ii) any alteration or any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Xxxxxx has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately notify Landlord in writing of any water infiltration at the Property of which Xxxxxx becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements in accordance with Applicable Laws, including, without limitation, the Americans with Disabilities ActLeased Premises.

Appears in 1 contract

Samples: Warehouse Space Lease Agreement (Body Central Corp)

Manner of Use. Tenant shall not cause or permit the Property Premises to be improved, developed, or used in any way which constitutes shall constitute a violation of any law, statuteordinance, ordinancerestrictive covenants, or governmental regulation or order, which shall annoy or other governmental requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”), or which unreasonably interferes interfere with the rights of other tenants of Landlordthe Property, or which constitutes shall constitute a nuisance or waste. Tenant shall obtain and pay for all permits required for Tenant’s specific use and permits, including a certificate of occupancy of the Property, and for Industrial Lease—Atlanta Dendreon Corporation Majestic Airport Center III Union City, GA all business licenses, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rulesnotes, regulations, orders orders, covenants and requirements regulating the use by Tenant of the PropertyPremises, including without limiting to the Occupational Safety and Health Act. Notwithstanding The parties acknowledge that the foregoingAmericans With Disabilities Act of 1990 (49 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, Landlord shallas all of the same may be amended from time to time (collectively, at the “ADA”), establish requirements under Title III of the ADA (“Title III”) pertaining to business operations, accessibility and barrier removal, and that such requirements may be unclear and may or may not apply to the Premises or Property depending on, among other things: (1) whether Tenant’s sole cost business operations are deemed a “place of public accommodation” or a “commercial facility”; (2) whether compliance with such requirements is “readily achievable” or “technically infeasible”; and expense(3) whether a given alteration affects a “primary function area” or triggers so-called “path of travel” requirements. The parties acknowledge and agree that Tenant has been provided an opportunity to inspect the Premises and the Property to a degree sufficient to determine whether or not the Premises and the Property, cooperate in their condition as of the date hereof, deviate in any manner under the ADA Accessibility guidelines (“ADAAG”) or any other requirements under the ADA pertaining to the accessibility of the Premises or Property. Tenant further acknowledges and agrees that, except as may otherwise be specifically provided below, Tenant accepts the Premises and the Property in “as is” condition and agrees that Landlord is making no representation or warranty as to whether the Premises or the Property conform to the requirements of the ADAAG or any other requirements under the ADA. Tenant has prepared or reviewed any plans and specifications for improvements for construction in the Premises and has independently determined that such plans and specifications are in conformance with the ADAAG and other requirements of the ADA. Tenant in executing permitting applications further acknowledges and performing other ministerial acts reasonably necessary agrees that to enable Tenant to obtain a High Pile Stock Permit (the extent that Landlord has prepared, reviewed or comparable permit) from the applicable governmental authority, if applicable. Tenant, at approved any of Tenant’s sole cost plans and expensespecifications, such action shall in no event be deemed a representation or warranty that the same comply with the requirements of the ADA. Tenant shall be responsible for the installation cost of all Title III compliance and costs in connection with the Premises, including structural work, if any, and any leasehold improvements or other work to be performed in the Premises under or in connection with this Lease and shall also be responsible for the cost of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, but not limited to, fire extinguishers) that may be required so-called Title III “path of travel” requirements triggered by construction activities or alterations in the fire department or any governmental agency because of Tenant’s specific use of the Property. It shall be considered a Tenant Delay under Article Fourteen below if a delay in obtaining such permit thereby delays or affects Landlord’s receipt of governmental permits, approvals or certificates of occupancy. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the Property, and (ii) any alteration or any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Xxxxxx has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and TenantPremises. Tenant shall immediately notify Landlord in writing be solely responsible for all other requirements under the ADA relating to Tenant or any affiliates or persons or entities related to Tenant, operations of any water infiltration at of them, or the Property of which Xxxxxx becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements in accordance with Applicable LawsPremises, including, without limitation, requirements under Title I of the Americans with Disabilities ActADA pertaining to Tenant’s employees.

Appears in 1 contract

Samples: Aspen Aerogels Inc

Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Tenant shall obtain and pay for all permits required for Tenant’s specific use and occupancy of the Property, and for Industrial Lease—Atlanta Dendreon Corporation Majestic Airport Center III Union City, GA all business licenseslicenses relating to Tenant’s occupancy of the Property and the operation of its business, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, Landlord shall, at Tenant’s sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, but not limited to, fire extinguishers) that may be required by the fire department or any governmental agency because of Tenant’s specific use of the Property. It shall be considered a Tenant Delay under Article Fourteen below if a delay in obtaining such permit thereby delays or affects Landlord’s receipt of governmental permits, approvals or certificates of occupancyagency. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the Property, and (ii) any alteration or any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Xxxxxx Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately notify Landlord in writing of any water infiltration at the Property of which Xxxxxx becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements in accordance with Applicable Laws, including, without limitation, the Americans with Disabilities ActProperty.

Appears in 1 contract

Samples: Nondisturbance and Attornment Agreement (Switch, Inc.)

Manner of Use. Tenant shall not cause or permit the Property Premises to be improved, developed, improved or used in any way which constitutes a violation of any applicable law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated promulgated, including, without limitation, any future applicable “green building” ordinance, law or regulation or any ordinance, law, or regulation concerning the cultivation, production, and sale of controlled substances (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Tenant shall obtain and pay for all permits required for Tenant’s specific use and occupancy of the PropertyPremises, and for Industrial Lease—Atlanta Dendreon Corporation Majestic Airport Center III Union City, GA all business licenses, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the PropertyPremises, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, Landlord shall, at Tenant’s sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, but not limited towithout limitation, fire extinguishers) that may be required by the fire department or any governmental agency because of based on Tenant’s specific use of the Property. It shall be considered a Tenant Delay under Article Fourteen below if a delay in obtaining such permit thereby delays or affects Landlord’s receipt of governmental permits, approvals or certificates of occupancyuse. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the PropertyPremises, and (ii) any alteration or any tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health health, environmental or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations, including, without limitation, any governmental requirement to obtain and maintain permits for the use or operation of any equipment at the Premises or regulating effluent discharges in the course of Tenant's operations at the Premises. The final judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Xxxxxx Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately promptly notify Landlord in writing of any water infiltration at the Property of which Xxxxxx becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements in accordance with Applicable Laws, including, without limitation, the Americans with Disabilities ActPremises.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (MJ Holdings, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.