Permitted Uses. (a) The Premises are to be used only for warehousing, office and light manufacturing and R&D purposes (“Permitted Use”) and for no other business or purpose whatsoever without the prior written consent of Lessor. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee 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 lessee in the Project. If any of Lessee’s machines or equipment disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance. Lessee, at its expense, shall comply with all laws relating to its use and occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safety, care and cleanliness of the Premises or the Project and for the preservation of good order therein. (b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded covenants, federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances and that any alterations necessary to the Premises by reason of such laws, rules, regulations and ordinances shall be at Lessee’s sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s use of the Premises or Lessee’s activities within the Project.
Appears in 4 contracts
Sources: Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc), Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc), Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc)
Permitted Uses. (a) The Premises are to be used TENANT may use the PREMISES only for warehousing, office and light manufacturing and R&D purposes (“Permitted Use”) the uses permitted in Section 1.05 above and for no other business or purpose whatsoever without the prior written consent of Lessor. No act shall be done offices in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any connection therewith and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee 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 lessee in the Project. If any of Lessee’s machines or equipment disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise uses related or disturbance. Lesseeincidental thereto, at its expense, shall comply consistent with all laws relating to its use and occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safety, care and cleanliness of the Premises or the Project and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded covenantslaws, federal, state or local, and local environmentalwith any applicable regulation of any government body and for any other legal use or purpose during the LEASE TERM, safety and other pertinent laws, rules, regulations and ordinances and that specifically excluding any alterations necessary restrictions of record with respect to the Premises PREMISES as of the date hereof, if any, and any “exclusives” previously granted to other tenants at the SHOPPING CENTER, as set forth on Exhibit “C” hereto. TENANT shall not use the PREMISES for any use that violates the provisions of Exhibit “C” so long as such “exclusives” are effective; provided, however, TENANT may continue to use the PREMISES in a manner consistent with TENANT’s actual use thereof as the tenant thereof prior to the EFFECTIVE DATE, subject only to (i) third party claims asserted by reason tenants of the SHOPPING CENTER or any third parties who are beneficiaries of such laws, rules, regulations “exclusives” claiming infringement of exclusivity in the SHOPPING CENTER or (ii) claims asserted by Landlord at the request of a tenant of the SHOPPING CENTER or any third parties who are beneficiaries of such “exclusives”. LANDLORD agrees to fully cooperate with TENANT in maintaining its beer and ordinances shall be at Lessee’s sole cost and expensewine sales permit. Lessee LANDLORD represents and warrants that, except as set forth on Exhibit “C” hereto, LANDLORD has not granted to, and has no knowledge of, restrictions of any kind applicable to Lessor that the SHOPPING CENTER which in any way now or hereafter will limit TENANT’s ability to sell any specific product or assortment of products which are now or may hereafter be sold as of the date of this LEASE at any of TENANT’s other locations. LANDLORD shall indemnify and defend TENANT against any and all claims asserted by third parties claiming infringement of exclusivity in the SHOPPING CENTER. If at any time during the TERM of this LEASE LANDLORD grants any form of “exclusive” whatsoever to any person (which cannot be an “exclusive” which violates the terms of this Section or of this LEASE), or if at any time there is no risk to Lesseeany other owner of any portion of the SHOPPING CENTER and if LANDLORD learns that such other owner of the SHOPPING CENTER has granted any “exclusives” other than those set forth on Exhibit “C”, Lessee’s visitors then in any of such events LANDLORD shall promptly notify TENANT, supplying TENANT with the name of the person in whose favor such “exclusive” is granted and others using the Premises arising from Lessee’s operationsspecific details of such “exclusive”. Lessee No “exclusives” other than those set forth on Exhibit “C” shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss restrict or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s otherwise affect the right of use of the Premises or Lessee’s activities within the ProjectPREMISES as set forth in this LEASE.
Appears in 3 contracts
Sources: Standard Multi Tenant Lease (99 Cents Only Stores), Standard Multi Tenant Lease (99 Cents Only Stores), Lease Agreement (99 Cents Only Stores)
Permitted Uses. (a) The Premises are to may be used only for warehousing, office and light manufacturing and R&D purposes (“Permitted Use”) senior housing with assisted living services and for no other business purpose. Tenant agrees that such use shall not change, for the term of Landlord's construction loan and for the term of any permanent loan, unless such change is approved by the applicable Facility Mortgagee. The approval of a Facility Mortgagee shall not be unreasonably withheld, provided that, in considering a request for a change in use, the Facility Mortgagee may consider the market feasibility of any proposed use, the existence of competing projects, the demand for assisted living housing, the operating history of the Facility and similar criteria. Tenant assumes full responsibility for confirming that such use is permitted under all laws, statutes, ordinances, regulations, and orders governing the Real Property and for obtaining any certificate of need, license or purpose whatsoever without other authorization required to operate such use and/or to provide assisted living services within the prior written consent of Lessor. No act Facility (provided that it shall be done in or about Landlord's obligation to obtain the Premises necessary building permit and certificate of occupancy for the Improvements and for assuring that is unlawful or that will increase the existing rate of insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee 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 lessee in the Project. If any of Lessee’s machines or equipment disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance. Lessee, at its expense, shall Improvements constructed by Landlord comply with all laws relating to its use and occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safetyapplicable laws, care and cleanliness of the Premises or the Project and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded covenantsstatutes, federal, state and local environmental, safety and other pertinent lawsordinances, rules, regulations regulations, orders, restrictions and ordinances other governmental requirements of any governmental entities and that any alterations necessary divisions having regulatory authority over Tenant and the Improvements by virtue of the health care business conducted by Tenant). Landlord makes no representation or warranty as to the Premises compliance of such use under any such laws, statutes, ordinances, regulations, and orders governing the Real Property and/or insurance requirements. Any failure by Tenant to obtain or maintain any required authorization or approval (other than by reason of such laws, rules, regulations and ordinances Landlord's failure to cause the Improvements to be constructed so as to comply with the licensure/approval requirements as required of Landlord herein) shall be at Lessee’s sole cost and expense. Lessee represents and warrants not affect Tenant's obligation to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against pay Rent or any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s use of the Premises or Lessee’s activities within the Projectobligation hereunder.
Appears in 2 contracts
Sources: Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\)
Permitted Uses. (a) The Tenant may use the Premises are to be used only for warehousingthe Permitted Uses described in Article 1, office and light manufacturing and R&D purposes (“Permitted Use”) and for no other business purpose(s). Tenant shall keep the Premises equipped with appropriate safety appliances to the extent required by applicable laws or insurance requirements. The vivarium permitted to be operated in the laboratory portion of the Premises shall be used for biopharmaceutical research and development and the handling and testing of mice and rats only (the “Permitted Animals”), and for no other purpose whatsoever without or use. If Tenant proposes to use any animals other than the Permitted Animals in its operations, it shall first obtain the prior written consent of LessorLandlord, which consent Landlord shall not unreasonably withhold. No act Animal testing, solely of Permitted Animals, shall be done in or about permitted subject to the Premises that is unlawful or that will increase the existing rate of insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any and following: (i) all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee 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 lessee in the Project. If any of Lessee’s machines or equipment disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance. Lessee, at its expense, shall comply with all laws relating to its use and occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safety, care and cleanliness of the Premises or the Project and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business testing shall be conducted in strict compliance with all applicable recorded covenants, federal, state governmental rules and local environmental, safety and other pertinent laws, rules, regulations and ordinances with good scientific and that medical practice; (ii) all dead animals, any alterations necessary to the Premises by reason of such lawspart thereof or any waste products related thereto, rules, regulations and ordinances shall be disposed of, at LesseeTenant’s sole cost and expense. Lessee represents , in strict compliance with all applicable governmental rules and warrants regulations and with good scientific and medical practice; (iii) no odors, noises or any similar nuisance shall be permitted to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising emanate from or relating to Lesseepermeate the vivarium; and (iv) Tenant’s use of the vivarium shall not interfere with the peaceable and quiet use and enjoyment by other tenants or occupants of the Building of their respective premises in the Building. Tenant shall procure and deliver to Landlord copies of all necessary permits and approvals necessary for the use and operation of the vivarium before allowing any actual Permitted Animals into the Premises and shall maintain such permits and approvals during the Lease term. Landlord may require Tenant to bring Permitted Animals in and out of the Building only before or Lessee’s activities within after normal business hours. Tenant shall defend, save harmless, exonerate and indemnify Landlord from all injury, loss or damage to any person or property occasioned by or growing out of the Projectuse and operation of the vivarium and the presence of the Permitted Animals in and about the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Keros Therapeutics, Inc.), Lease Agreement (Keros Therapeutics, Inc.)
Permitted Uses. (a) The Tenant shall use the Premises are to be used only for warehousing, office and light manufacturing and R&D purposes (“the Permitted Use”) Uses described in Article 1 and for no other business use. In furtherance, and not in limitation, of the foregoing, in no event shall any portion of the Premises be used for retail uses (including a restaurant or any café, coffee shop or other eatery) or any high density office use. Tenant shall certify to Landlord, upon request from time to time, the aggregate rentable square footage in the Premises being used for Non-Life Science Uses. Tenant shall keep the Premises equipped with appropriate safety appliances to the extent required by applicable Legal Requirements or Insurance Requirements. Tenant shall not cause or permit any potentially harmful air emissions, odors of cooking or other processes, or other objectionable odors or emissions to emanate from the Premises. Tenant shall not conduct or permit any auctions or sheriff’s sales at the Premises.
(b) If Tenant intends at any time during the Term to conduct animal research within the Premises, such research shall be limited to biopharmaceutical research and development, including the handling and testing of laboratory mice, laboratory rats and other laboratory small mammals only (the “Permitted Animals”) in connection therewith, and for no other purpose whatsoever without or use; provided, however, that in no event shall Tenant bring into or maintain in the Premises any animal for research purposes other than those permitted by applicable Legal Requirements for use in the Permitted Use. If Tenant proposes to use any animals other than the Permitted Animals enumerated in the immediately preceding sentence in its operations, it shall first obtain the prior written consent of LessorLandlord, which consent Landlord shall not unreasonably withhold. No act Animal research, solely of Permitted Animals, shall be done in or about permitted subject to the Premises that is unlawful or that will increase the existing rate of insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any following: (a) all testing and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee 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 lessee in the Project. If any of Lessee’s machines or equipment disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance. Lessee, at its expense, shall comply with all laws relating to its use and occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safety, care and cleanliness of the Premises or the Project and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business research shall be conducted in strict compliance with all applicable recorded covenantsLegal Requirements and with good scientific and medical practice; (b) all dead animals, federalany part thereof or any waste products related thereto, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances and that any alterations necessary to the Premises by reason of such laws, rules, regulations and ordinances shall be disposed of, at LesseeTenant’s sole cost and expense, in strict compliance with all applicable Legal Requirements and with good scientific and medical practice; (c) no odors, noises or any similar nuisance shall be permitted to emanate from the vivarium; and (d) Tenant’s use of research animals shall not interfere with the peaceable and quiet use and enjoyment by other tenants or occupants of the Unit or the Building of their respective demised premises. Lessee represents Tenant shall procure and warrants deliver to Lessor that there is no risk to Lessee, Lessee’s visitors Landlord copies of all permits and others using approvals necessary for the use and operation of the vivarium and the keeping of Permitted Animals before allowing any actual Permitted Animals into the Premises arising from Lessee’s operationsand shall maintain such permits and approvals in full force and effect at all times during the Term. Lessee Tenant shall indemnify, save harmless and defend and hold harmless Lessor the “Indemnitees” (as defined in Section 9.02 hereof) from and against any all liability, claim, liability, expense, lawsuitdamage, loss or other damage, cost (including reasonable attorneys’ fees, ) arising from out of or relating to Lessee’s the use and operation of the Premises vivarium and the presence of the Permitted Animals in and about the Premises, except to the extent to which the same was caused by the negligence or Lessee’s activities within willful misconduct of any of the ProjectIndemnitees.
Appears in 2 contracts
Sources: Lease Agreement (Vigil Neuroscience, Inc.), Lease Agreement (Vigil Neuroscience, Inc.)
Permitted Uses. (a) The Premises are to be used only for warehousinggeneral -------------- office purposes including without limitation the operation of a telecommunications service business which includes audio, office video, graphic and light manufacturing and R&D purposes data telecommunications (“"Permitted Use”Uses") and for no other business or purpose whatsoever without the prior written consent of LessorLandlord. Tenant is a group communications company serving the trade association, corporate, legal and government agency market. Initially during the Lease term Tenant's sophisticated computer-based switches will be connected to the public telephone network via fiber optic cable. Approximately 1,000 telephone lines are currently in use, with expectations that line capacity will double and re-double in the near term. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the ProjectBuilding. Landlord represents that, to Landlord's knowledge, Tenant's permitted uses shall not increase the existing rate of insurance in the Building. In the event of a breach of this covenant, Lessee Tenant shall immediately cease the performance of such unlawful act or such act that is increasing or has increased the existing rate of insurance and shall pay to Lessor Landlord any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee 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 produces noise or disturbance to the quiet enjoyment of any other lessee tenant in the ProjectBuilding. If any of Lessee’s the Tenant's office machines or equipment disturb produces noise or disturbance within the premises of any other lessee tenant in the ProjectBuilding, then Lessee Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbancedisturbance at its sole cost and expense. LesseeSubject to the provisions set forth in Section 14, Tenant shall obtain and maintain any required permit for 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 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 and use, operation or occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee Tenant by Lessor Landlord from time to time for the safety, care and cleanliness of the Premises or the Project Building and for the preservation of good order therein.
, provided, however, that in no event shall Tenant be required to perform Alterations (bas hereinafter defined) Lessee warrants outside of the Premises or with respect to the structural elements of the Building within the Premises. Landlord represents that the provisions of any recorded documents now existing or hereafter in effect relating to Tenant's use, operation or occupancy of the Premises shall not limit Tenant's use of the Premises for the permitted uses described in this Section 5.1. Landlord, at its business sole cost and expense, shall be conducted in strict compliance with responsible for ensuring all Building Life/Safety Systems meet the applicable recorded covenants, federal, state and local environmental, safety codes and other pertinent laws, rules, regulations and ordinances and that any alterations necessary to the Premises by reason of such laws, rules, regulations and ordinances regulations. Landlord shall be at Lessee’s sole cost solely responsible for compliance with the ADA (Americans with Disabilities Act), legislation concerning CFC's and expense. Lessee represents all other legal requirements not relating exclusively to tenant's use and warrants to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s use occupancy of the Premises or Lessee’s activities Premises. Landlord shall not lease space in the Building to another tenant who will, within the ProjectBuilding, operate a telecommunication conferencing business.
Appears in 2 contracts
Sources: Lease (Vialog Corp), Lease (Call Points Inc)
Permitted Uses. (a) The Tenant shall occupy the Premises are to be used only for warehousingthe Permitted Uses, office and light manufacturing and R&D purposes (“Permitted Use”) and for no other business shall not injure or purpose whatsoever without the prior written consent of Lessor. No act shall be done in or about deface the Premises that is unlawful or that will increase the existing rate Property, nor permit in the Premises any auction sale. The Tenant shall give written notice to the Landlord, within twenty (20) days prior to the Commencement Date and thereafter once annually within twenty (20) days of insurance each anniversary of the Commencement Date, of any materials on OSHA’s right to know list or which are subject to regulation by any other federal, state, municipal or other governmental authority and which the Project. In the event of a breach of this covenant, Lessee shall pay Tenant intends to Lessor any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee shall not commit or allow to be committed any waste upon present at the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the Project. If any of Lessee’s machines or equipment disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance. Lessee, at its expense, The Tenant shall comply with all laws relating to its requirements of public authorities and of the Board of Fire Underwriters in connection with methods of storage, use and occupancy disposal of such materials. The Tenant shall not permit in the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor any nuisance, or the emission from time to time for the safetyPremises of any reasonably objectionable noise, care and cleanliness of odor or vibration, nor use or devote the Premises or any part thereof for any purpose which is contrary to law or ordinance, or liable to invalidate or increase premiums (above those normally incurred for Permitted Uses) for any insurance on the Project Building or its contents (unless the Tenant pays for any such increase in premiums and for provided such actions do not interfere with the preservation use and enjoyment of good order therein.
(bthe Land by the Landlord, other tenants, visitors or invitees of the Building) Lessee warrants that or liable to render necessary any alteration or addition to the operation of its business Building, nor commit or permit any waste in or with respect to the Premises, nor shall be conducted in strict compliance Tenant overload existing electrical or other Building systems. Laws and Regulations. The Tenant shall comply with all applicable recorded covenants, federal, state and local environmental, safety and other pertinent laws, rulesregulations, regulations ordinances. executive orders, guidelines, policies and ordinances and that any alterations necessary similar requirements in effect from time to the Premises by reason of time, including, without limitation, all such laws, rules, regulations and ordinances shall be at Lessee’s sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or requirements relating to Lessee(a) Tenant’s occupancy and use of the Premises or Lessee’s activities Premises, (b) employment, employment opportunity, discrimination and affirmative action, (c) Hazardous Materials, (d) animal confinement and experimentation, and (e) stem cell research. Tenant shall also conform to recognized "best practices" standards with respect to the physical aspects of its scientific research and operations carried on within the ProjectPremises. Tenant shall have the right to contest any notice of violation for any of the foregoing by appropriate proceedings diligently conducted in good faith. Rules and Regulations. The Tenant agrees to comply with the Rules and Regulations set forth in Exhibit F and such other reasonable and non discriminatorily enforced rules and regulations of general applicability (““Rules and Regulations”“) as (i) may from time to time be made by the Landlord of which the Tenant is given written notice, so far as the same relate to the use of the Building, the Land and the Tenant’s appurtenant parking privileges and (ii) may from time to time be promulgated with respect to all or any portion of the Building (including without limitation pursuant to the Declaration of Covenants). The Tenant shall not obstruct in any manner any portion of the Property; and, except as set forth in this Lease, shall not permit the placing of any signs, awnings or flagpoles, or the like, visible from outside the Building. Neither shall Tenant place curtains, blinds or shades or similar window treatments visible from outside the Building in the Premises other than those provided by Landlord.
Appears in 1 contract
Permitted Uses. (a) The Premises are to be used only for warehousing, office and light manufacturing and R&D purposes GENERAL ADMINISTRATIVE OFFICE USES FOR COMPUTER PROCESSING AND WAREHOUSE/STORAGE INCLUDING BUT NOT LIMITED TO SCANNING AND PROCESSING OF ELECTRONIC DOCUMENTS (“Permitted Use”"PERMITTED USE") and for no other business or purpose whatsoever without the prior written consent of Lessor. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee 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 lessee in the Project. If any of Lessee’s 's machines or equipment disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance. Lessee, at its expense, shall comply with all laws relating to its use and occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safety, care and cleanliness of the Premises or the Project and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded private covenants, conditions and restrictions and all applicable federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances ordinances, including, without limitation, the Americans With Disabilities Act and that any the Arizonans with Disabilities Act (collectively, the "ADA")). ANY ALTERATIONS NECESSARY TO THE EXTERIOR OF THE PREMISES AND PROJECT, OR TO THE "PATH OF TRAVEL" (AS THAT TERM IS USED IN THE ADA AND THE RULES AND REGULATIONS IMPLEMENTING THE ADA), IN ORDER TO COMPLY WITH THE ADA OR SUCH OTHER COVENANTS, CONDITIONS, RESTRICTIONS, LAWS, RULES, REGULATIONS AND ORDINANCES, SHALL BE AT LESSOR'S SOLE COST AND EXPENSE. Any alterations necessary to the Premises by reason interior of the Premises, in order to comply with the ADA or such other covenants, conditions, restrictions, laws, rules, regulations and ordinances ordinances, shall be at Lessee’s 's sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s ▇▇▇▇▇▇'s visitors and others using the Premises arising from Lessee’s ▇▇▇▇▇▇'s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ attorney's fees, arising from or relating to ▇▇▇▇▇▇'s use of the Premises. Lessee’s 's activities within the Project or any violations of the ADA due to the use of the Premises by ▇▇▇▇▇▇, its employees, subtenants, agents, guests or Lessee’s activities within the Projectinvitees.
Appears in 1 contract
Sources: Standard Commercial Industrial Lease (On Site Sourcing Inc)
Permitted Uses. (a) The Premises are to be used only for warehousing, general office and light manufacturing and R&D purposes (“"Permitted Use”Uses") and for no other business or purpose whatsoever without the prior written consent of LessorLandlord. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the ProjectBuilding. In the event of a breach of this covenant, Lessee Tenant shall immediately cease the performance of such unlawful act or such act that is increasing or has increased the existing rate of insurance and shall pay to Lessor Landlord any and all reasonable increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee Tenant shall not commit or allow to be committed any affirmative waste upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee tenant in the ProjectBuilding. If any of Lessee’s Tenant's office machines or equipment disturb any other lessee tenant in the ProjectBuilding, then Lessee Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbancedisturbance at its sole cost and expense. LesseeTenant shall not, without Landlord's prior consent, 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 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 and use, operation or occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee Tenant by Lessor Landlord from time to time for the safety, care and cleanliness of the Premises or the Project Building and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded covenants, federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances and that any alterations necessary to the Premises by reason of such laws, rules, regulations and ordinances shall be at Lessee’s sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s use of the Premises or Lessee’s activities within the Project.
Appears in 1 contract
Sources: Lease (Tel Save Com Inc)
Permitted Uses. (a) The Premises are to be used only for warehousing, office and light manufacturing warehouse purposes for the sale of medical products and R&D purposes uses directly incidental thereto, which shall specifically include a kitchen and lunchroom area (“"Permitted Use”") and for no other business or purpose whatsoever without the prior written consent of LessorLessor which shall not be unreasonably conditioned, withheld or delayed. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee 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 lessee in the Project. If any of Lessee’s 's machines or equipment unreasonably disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance. Lessee, at its expense, shall comply with all laws relating to its use and occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safety, care and cleanliness of the Premises or the Project and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded covenants, federal, state and local Please Initial Lessor G Lessee G environmental, safety and other pertinent laws, rules, regulations and ordinances ordinances, and that any alterations necessary to the Premises by reason of such laws, rules, regulations and ordinances shall be at Lessee’s sole cost and expense. Lessee represents and warrants to Lessor that there is no risk with respect to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s use of the Premises or Lessee’s activities 's business operations within the ProjectPremises, the American▇ ▇▇▇▇ Disabilities Act of 1990 (42 U.S.C. ss. 12101 et. seq.) and the Arizonans with Disabilities Act (collectively, as each may be amended and supplemented from time to time, the "ADA").
Appears in 1 contract
Sources: Triple Net Lease (Luxtec Corp /Ma/)
Permitted Uses. (a) The Premises are to be used only for warehousing, office and light manufacturing and R&D purposes operating an ATM in accordance with the RFP (“"Permitted Use”") and for no other business or purpose whatsoever without the prior written consent of Lessor. Landlord, which will not be unreasonably withheld.
(b) Subject to Landlord’s obligations set forth herein, Tenant is solely responsible for all aspects of its business operations, including without limitation deliveries, storage, security, maintenance, cleaning, and the extension of utilities from a common location.
(c) No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the ProjectPremises. In the event of a breach of this covenant, Lessee Tenant shall pay to Lessor Landlord any and all increases in insurance premiums resulting from such breach upon demand, and Lessor Landlord shall have all additional remedies provided for herein to redress such breach. Lessee Tenant shall not commit or allow to be committed any waste upon the Premises, or any public or private nuisance nuisance, or other act or thing which unreasonably disturbs the quiet enjoyment of any other lessee Tenant in the ProjectPremises. If any of Lessee’s machines or equipment disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance. Lessee, at its expense, Tenant shall comply with all laws relating to its use and occupancy of the Premises and Premises, at its expense except as set forth in Section 5.2 below. In addition, Tenant shall observe such reasonable rules and regulations as may be adopted and made available to Lessee Tenant by Lessor Landlord from time to time for the safety, care and cleanliness of the Premises or the Project and for the preservation of good order therein. Such rules and regulations shall not unreasonably interfere with ▇▇▇▇▇▇’s use of, or access to or from, the Premises.
(bd) Lessee Subject to Section 6.2 below, Tenant warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded covenants, federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances ordinances, including, without limitation, the Americans With Disabilities Act and that any alterations necessary to the Premises by reason of such lawsArizonans With Disability Act (collectively, rules, regulations and ordinances shall be at Lessee’s sole cost and expensethe "ADA"). Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee Tenant shall indemnify, defend and hold harmless Lessor Landlord from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to LesseeTenant’s use of the Premises or LesseeTenant’s activities within the ProjectPremises or any violations of the ADA due to the use of the Premises by Tenant, its employees, subtenants, agents, guests, contractors or invitees.
Appears in 1 contract
Sources: Lease Agreement
Permitted Uses. (a) The Premises are to be used only for warehousing, -------------- general office purposes (and additional office and light manufacturing and R&D purposes (“Permitted Use”office storage as to the Basement Space) and for no other business or purpose whatsoever without the prior written consent of LessorLandlord (hereinafter the "Permitted Uses"). No act shall be done in or about the Premises that is unlawful or that will demonstrably increase the existing rate of insurance on the ProjectBuilding. In the event of a breach of this covenant, Lessee Tenant shall immediately cease the performance of such unlawful act or such act that is increasing or has increased the existing rate of insurance and shall pay to Lessor Landlord any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee 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 lessee tenant in the ProjectBuilding. If any of Lessee’s the Tenant's office machines or equipment disturb any other lessee tenant in the ProjectBuilding, then Lessee Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbancedisturbance at its sole cost and expense. LesseeExcept for ancillary computer equipment, LAN, and telephone for which Tenant shall secure the necessary permits, Tenant shall not, without Landlord's prior consent, 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 laws, statutes, ordinances, 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 and use, operation or occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee Tenant by Lessor Landlord from time to time for the safety, care and cleanliness of the Premises or the Project Building and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded covenants, federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances and that any alterations necessary to the Premises by reason of such laws, rules, regulations and ordinances shall be at Lessee’s sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s use of the Premises or Lessee’s activities within the Project.
Appears in 1 contract
Sources: Assignment of Lease (Vialog Corp)
Permitted Uses. (a) Tenant shall occupy the Premises only for the Permitted Uses. Landlord represents that the Building is located in the Cambridge Revitalization Development District of the Cambridge Zoning Ordinance. The zoning district permits general offices, technical offices for research and development, laboratories and research facilities. The district also permits the manufacturing of drugs and the fabrication, assembly, finishing work and packaging of such drugs. All uses in Cambridge are subject to environmental protections which require that: all dust, fumes, odors, smoke or vapor shall be effectively confined to the premises or so disposed of as to avoid air pollution; any noise, vibration or flashing shall not be normally perceptible without instruments at a distance of one hundred feet from the premises; all uses comply with Federal and State air pollution and water pollution control regulations, the City of Cambridge Ordinances, and other applicable environmental laws; and all refuse and other waste materials shall be stored within buildings prior to collection and disposal. Tenant shall not injure or deface the Premises are or the Property, nor permit in the Premises any auction sale. Tenant shall furnish to Landlord, contemporaneously with furnishing the same to the federal, state, municipal or other governmental authorities to whom Tenant must report, a copy of Tenant's reporting documentation required to be used only for warehousing, office and light manufacturing and R&D purposes (“Permitted Use”) and for no other business or purpose whatsoever without the prior written consent furnished in connection with Tenant's use of Lessor. No act shall be done in or about materials at the Premises which, from time to time, appear on OSHA's right to know list or which are subject to regulation by any other federal, state, municipal or other governmental authority. If requested by Landlord, Tenant shall not permit to be located on the Premises, and shall remove, any such materials not maintained at the Premises in conformity with such applicable federal, state, municipal or other governmental regulations. Nothing in the immediately preceding sentence shall prohibit Tenant from contesting the validity or applicability of any governmental law, order or regulation provided that Tenant provides security therefor reasonably satisfactory to Landlord and Tenant does not in any manner subject Landlord to risk of criminal liability or subject the Property or any part thereof to risk of forfeiture. Tenant shall comply with all requirements of public authorities and of the Board of Fire Underwriters in connection with methods of storage, use and disposal thereof. Tenant shall not permit in the Premises any nuisance, or the emission from the Premises of any reasonably objectionable noise, odor or vibration, bearing in mind, however, the Permitted Uses contemplated hereunder, nor shall Tenant use or devote the Premises or any part thereof for any purpose which is unlawful contrary to law or that will increase ordinance or which would, by reason of a particular use made by Tenant other than generally for laboratories, offices and the existing rate manufacture of pharmaceuticals, render the Premises uninsurable. If the uses to which Tenant shall put the Premises results in premiums for any insurance on the Project. In Building or its contents being greater than they would otherwise be for a fully sprinklered manufacturing building, or would render necessary any alteration or addition to the event Building which would not otherwise be required in a fully sprinklered manufacturing building, an equitable portion of a breach of this covenant, Lessee shall pay to Lessor any and all increases in the insurance premiums resulting from such breach upon demandpremium, and Lessor the entire cost of such alteration or addition, shall have be reimbursed to Landlord by Tenant so that Tenant bears the portion of the insurance premium, and the entire costs of the alteration or addition, which is properly allocable only to Tenant by virtue of its use of the Premises which is responsible therefor, all additional remedies provided for herein as reasonably determined by Landlord based on information made available by Landlord's insurer. Landlord's determination as aforesaid shall, by notice of Tenant to redress such breachLandlord, given within thirty (30) days of Landlord's notice to Tenant of Tenant's liability under this paragraph, be subject to Dispute Resolution. Lessee Tenant shall not commit or allow to be committed permit any waste upon in or with respect to the Premises, nor generate, store or dispose of any oil, toxic substances, hazardous wastes, or hazardous materials (each, a "Hazardous Material"), or permit the same in or on the 'Premises or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the Project. If any of Lessee’s machines or equipment disturb any other lessee in the Projectparking areas provided for under this Lease, then Lessee shall provide adequate insulation, or take such other action except as may be necessary to eliminate the noise permitted by law. Tenant shall not dump, flush or disturbance. Lesseein any way introduce any Hazardous Materials into septic, at its expense, shall comply with all laws relating to its use and occupancy of sewage or other waste disposal systems serving the Premises and shall observe such reasonable rules and regulations or any parking areas provided for under this Lease except as may be adopted permitted by law. Tenant will indemnify Landlord and made available its successors and assigns against all claims, loss, cost, and expenses including reasonable attorneys' fees and disbursements, incurred as a result of any contamination of the Building or any other portion of University Park with Hazardous Materials by Tenant or Tenant's contractors, licensees, invitees, agents, servants or employees. Tenant shall provide to Lessee by Lessor Landlord a statement from Tenant's consultant preparing any regulatory filings for licensing or permitting to handle hazardous materials, setting forth in reasonable detail, and to Landlord's reasonable satisfaction, all licenses and/or permits that Tenant is required to obtain or will obtain in connection with its handling of Hazardous Materials at the Premises, prior to the introduction of such Hazardous Materials therein, and, once obtained, a certification that all such licenses and/or permits are valid and in full force and effect. Tenant shall not introduce into the Premises or maintain therein any Hazardous Materials until Tenant shall have received all such licenses and/or permits which shall then be lawfully necessary. From time to time for hereafter, upon twenty (20) days advance notice from Landlord, Tenant will provide Landlord with such updated reports and/or certifications with respect to Tenant's compliance with, the safety, care provisions of Sections 6.1 and cleanliness of the Premises or the Project and for the preservation of good order therein6.2 as Landlord may reasonably request.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded covenants, federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances and that any alterations necessary to the Premises by reason of such laws, rules, regulations and ordinances shall be at Lessee’s sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s use of the Premises or Lessee’s activities within the Project.
Appears in 1 contract
Sources: Sublease (Viacell Inc)
Permitted Uses. (a) The Tenant shall use and occupy the Premises are to be used only throughout the Term of this Lease for warehousingoffice purposes and uses customarily associated therewith, office and light manufacturing and R&D purposes (“Permitted Use”) and for no other business or purpose whatsoever without the prior written consent of Lessorpurpose. No act In particular, no use shall be made or permitted to be made of the Premises, nor acts done in or about the Premises that is unlawful or that which will increase the existing rate of insurance on upon the ProjectBuilding or the Property, unless Tenant pays for such increase, or cause a cancellation of any insurance policy covering the Building or the Property, nor shall Tenant sell, or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. In Notwithstanding the event foregoing, Landlord will not unreasonably withhold its consent to a proposed change in Tenant’s use of the Premises so long as such change in use: (i) will not, in Landlord’s sole opinion, impact the Property in a breach negative way, including, without limitation, any potential environmental concerns; (ii) will not, in Landlord’s sole opinion, cause any odors or excessive noise; (iii) will not affect zoning requirements; (iii) is substantially similar to the then permitted use; and (iv) is permitted by applicable legal requirements. Landlord makes no representation or warranty, implied or otherwise, as to the quality or condition of this covenantthe Premises, Lessee as to whether Tenant’s intended use complies with applicable laws, or as to the suitability of the Premises for Tenant’s intended use. Tenant shall pay comply with all laws, ordinances, rules, regulations and codes of all municipal, county, state and federal authorities pertaining to Lessor any Tenant’s use and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breachoccupation of the Premises. Lessee Tenant shall not commit commit, or allow suffer to be committed committed, any waste upon the Premises, Premises or any public or private nuisance nuisance, or other act or thing which disturbs the quiet enjoyment of any other lessee in tenant of the ProjectProperty. If Tenant shall not permit the storage of any of Lessee’s machines items that cause objectionable odors to escape or equipment disturb any other lessee in be emitted from the ProjectPremises. In the event that Tenant properly expands into the Warehouse Space, then Lessee Tenant shall provide adequate insulationuse and occupy the Warehouse Space throughout the Term of this Lease for warehouse purposes and uses customarily associated therewith, or take such and for no other action as may be necessary to eliminate the noise or disturbance. Lesseepurpose, at its expenseprovided, however, that all other terms and conditions of this Paragraph 7, shall comply with all laws relating to its use and occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safety, care and cleanliness of the Premises or the Project and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded covenants, federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances and that any alterations necessary apply to the Premises by reason of such laws, rules, regulations and ordinances shall be at Lessee’s sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s use of the Premises or Lessee’s activities within the ProjectWarehouse Space.
Appears in 1 contract
Sources: Lease Agreement (Inogen Inc)
Permitted Uses. (a) The Premises are to be used only for warehousingTHE DESIGN, office and light manufacturing and R&D purposes ASSEMBLY, SALES AND DISTRIBUTION OF NEW MOTORCYCLES, MOTORCYCLE PARTS AND MOTORCYCLE ACCESSORIES. IN ADDITION, THE OPERATION WILL INCLUDE WELDING, ASSEMBLY, PAINTING, MACHINING, TESTING, POLISHING AND OTHER ALLIED ACTIVITIES, AND RELATED GENERAL OFFICE AND ADMINISTRATION (“"Permitted Use”") and for no other business or purpose whatsoever without the prior written consent of Lessor. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breachunlawful. Lessee 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 unreasonably disturbs the quiet enjoyment of any other lessee in the Project, taking into account, however, Lessee's Permitted ▇▇▇ ▇f the Premises. If any of Lessee’s 's machines or equipment unreasonably disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance. Lessee, at its expense, shall comply with all laws relating to its use and occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safety, care cars and cleanliness of the Premises or the Project and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded private covenants, conditions and restrictions and all applicable federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances and that any alterations necessary to the Premises by reason of such covenants, conditions, restrictions, laws, rules, regulations and ordinances ordinances, including, without limitation, The Americans With Disabilities Act shall be at Lessee’s 's sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s 's visitors and ▇▇▇ others using the Premises arising from Lessee’s operations's operatio▇▇. Lessee ▇essee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ ' fees, arising from or relating to Lessee’s 's use of t▇▇ ▇▇emises or Lessees activities within the Project or any violations of the Americans with Disabilities Act due to the use of the Premises by Lessee, its employees, subtenants, agents, guests or Lessee’s activities within the Projectinvitees.
Appears in 1 contract
Sources: Standard Commercial Industrial Triple Net Lease (Titan Motorcycle Co of America Inc)
Permitted Uses. (a) The Tenant shall use the Premises are to be used only for warehousing, office the following purposes and light manufacturing and R&D purposes (“Permitted Use”) and for no other business or purpose whatsoever shall not change the use of the Premises without the prior written consent of LessorLandlord: General office uses including research and development and other incidental uses (such incidental uses shall include without limitation, a gymnasium and/or a cafeteria for use of Tenant’s employees). No act Tenant shall use only the number of parking spaces allocated to Tenant under this Lease. Following recordation of the Declaration, if occupants of Building 2 or Building 3 are using parking spaces in excess of the number of spaces to which they are entitled under the Declaration, then within a reasonable time following Tenant’s request, Landlord shall seek to enforce the provisions of the Declaration relating to such excessive use, in accordance with the procedures established in the Declaration, the cost of which shall be done a Reimbursable Operating Cost pursuant to Article 8 of this Lease. Prior to recording the Declaration, Landlord shall cause the Declarants of the Declaration to confirm in or about writing for the benefit of Tenant that the signs and window coverings to be installed pursuant to Section 3.C of this Lease are approved by the Declarants. Landlord shall promptly send to Tenant all notices received from the Association pertaining to the Association’s entry onto the Premises that is unlawful or that will increase the existing rate of and Common Area, insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee shall not commit or allow to be committed any waste upon coverage affecting the Premises, or any public or private nuisance or and assessments levied against the Premises. All commercial trucks and delivery vehicles shall be (i) loaded and unloaded in a manner which does not interfere with the businesses of other act or thing which disturbs the quiet enjoyment occupants of any other lessee in the Project. If any of Lessee’s machines or equipment disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action and (ii) permitted to remain on the Project only so long as may be is reasonably necessary to eliminate complete the noise loading and unloading. Landlord makes no representation or disturbance. Lessee, at its expense, shall comply with all laws relating to its use and occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safety, care and cleanliness of the Premises or the Project and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded covenants, federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances and warranty that any alterations necessary to the Premises by reason of such laws, rules, regulations and ordinances shall be at Lessee’s sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s specific use of the Premises or Lessee’s activities within the Projectdesired by Tenant is permitted pursuant to any Laws.
Appears in 1 contract
Sources: Sublease (NeurogesX Inc)
Permitted Uses. (a) A. The Premises are to be used only for warehousing, office and light manufacturing and R&D purposes (“Permitted Use”) and for no other business or purpose whatsoever without the prior written consent of Lessor, which will not be unreasonably withheld. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee 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 lessee in the Project. If any of Lessee’s machines or equipment disturb disturbs any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance. Lessee, at its expense, shall comply with all laws relating to its use and occupancy of the Premises and Premises. In addition, Lessee shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safety, care and cleanliness of the Premises or the Project and for the preservation of good order therein. A copy of the current rules and regulations in effect for the Project is attached hereto as Exhibit “C”.
(b) B. Lessee represents, warrants and covenants that the operation of its business shall be conducted in strict compliance with all applicable recorded private covenants, conditions and restrictions and all applicable federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances (collectively sometimes referred to as “Applicable Laws”), including, without limitation, the Americans With Disabilities Act and the Arizonans With Disability Act (collectively the “ADA”) and Lessee agrees that any alterations necessary to the Premises by reason of in order to comply with the ADA or such other covenants, conditions, restrictions, laws, rules, regulations and ordinances ordinances, shall be at Lessee’s sole cost and expense, but only if required due to (i) improvements made to the Premises by Lessee, (ii) the specific and unique use of the Premises by ▇▇▇▇▇▇ as opposed to uses by tenants in general or (iii) any new Applicable Laws or changes to existing Applicable Laws, coming into effect after the actual Commencement Date. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee▇▇▇▇▇▇’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee▇▇▇▇▇▇’s use of the Premises or Lessee▇▇▇▇▇▇’s activities within the ProjectProject or any violations of the ADA due to the use of the Premises by ▇▇▇▇▇▇, its employees, subtenants, agents, guests, contractors or invitees, except to the extent caused by ▇▇▇▇▇▇’s negligent or intentional act or breach of this Lease. Lessee shall indemnify, defend, and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorney’s fees, arising from or related to failure of the Premises to comply with the ADA or other Applicable Laws on the Commencement Date, except to the extent caused by ▇▇▇▇▇▇’s grossly negligent or intentional act or breach of this Lease.
Appears in 1 contract
Permitted Uses. (a) The Tenant shall use the Premises are solely for the purpose and under the trade name specified in DEFINITIONS AND BASIC PROVISIONS, and Tenant shall not use nor permit the Premises to be used only for warehousingany other purpose or purposes or any other trade name. Tenant further covenants and agrees that it will not use, office nor suffer or permit any person or persons to use the Premises or any part thereof, for any use of purpose contrary to the laws of the United States of America, the State of Colorado, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over The Entertainment District. With respect to the Premises and light manufacturing its use of The Entertainment District, Tenant at its cost, shall comply with all laws, ordinances, regulations and R&D purposes requirements referred to in this section, including without limitation, all federal, state and local environmental laws, ordinances, regulations and requirements, and the Americans With Disabilities Act. Tenant shall, at its expenses, procure all governmental licenses and permits required for Tenant's use of Premises and shall at all times comply with all requirements of each such license and permit.
(“Permitted Use”b) and for no Tenant shall not conduct or operate its business in any manner which could jeopardize or increase the rate of any fire or other insurance or so that the same shall constitute a nuisance to or interfere with the property of Landlord or its business or purpose whatsoever without the property or business of other tenants of The Entertainment District. Tenant shall not display or sell merchandise or allow carts, portable signs, devices or any other object to be stored or to remain outside the defined exterior walls, roof or permanent doorways of the Premises. Any sign placed by Tenant which may be permitted hereunder shall be kept by Tenant safe and secure, and conforming to the requirements of the local governing body having jurisdiction over The Entertainment District. No aerial or antenna shall be erected on the roof or exterior walls of the Premises without, in each instance, the prior written consent of LessorLandlord. No act Any aerial or antenna installed without such written consent shall be done subject to removal at Tenant's cost, without notice at any time. In addition, Tenant will not solicit in any manner in any of the vehicle parking or about common areas of The Entertainment District.
(c) Tenant shall use its best efforts to complete or cause to be completed all deliveries, loading, unloading and services to the Premises that is unlawful or that will increase the existing rate of insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any and all increases in insurance premiums resulting from such breach upon demandbefore 10:00 a.m. each day, and Lessor shall have all additional remedies provided to prevent delivery trucks or other vehicles servicing the Premises from parking or standing in service areas for herein undue periods of time. Landlord reserves the right further to redress such breach. Lessee shall not commit or allow regulate reasonably the activities of Tenant in regard to be committed any waste upon deliveries and servicing of the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the Project. If any of Lessee’s machines or equipment disturb any other lessee in the Project, then Lessee and Tenant shall provide adequate insulation, or take abide by such other action as may be necessary to eliminate the noise or disturbance. Lessee, at its expense, shall comply with all laws relating to its use further non-discriminatory and occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safety, care and cleanliness of the Premises or the Project and for the preservation of good order thereinLandlord.
(bd) Lessee warrants Tenant recognizes that the operation success of The Entertainment District as a whole depends on the quality of merchandise maintained by the Tenant in the Premises. As a material consideration to Landlord to enter into this Lease, Tenant shall at all times maintain the quality of its business shall be conducted in strict compliance merchandise and services consistent with all applicable recorded covenants, federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances and that any alterations necessary to the Premises by reason of such laws, rules, regulations and ordinances shall be at Lessee’s sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s use of the Premises or Lessee’s activities within the Projecta first-class retail center.
Appears in 1 contract
Sources: Lease (Hart Industries Inc)
Permitted Uses. (a) The Tenant shall use the Premises are to be used only for warehousing, office the following purposes and light manufacturing and R&D purposes (“Permitted Use”) and for no other business or purpose whatsoever shall not change the use of the Premises without the prior written consent of LessorLandlord: General office uses including research and development and other incidental uses (such incidental uses shall include without limitation, a gymnasium and/or a cafeteria for use of Tenant’s employees). No act Tenant shall use only the number of parking spaces allocated to Tenant under this Lease. Following recordation of the Declaration, if occupants of Building 1 or Building 3 are using parking spaces in excess of the number of spaces to which they are entitled under the Declaration, then within a reasonable time following Tenant’s request, Landlord shall seek to enforce the provisions of the Declaration relating to such excessive use, in accordance with the procedures established in the Declaration, the cost of which shall be done a Reimbursable Operating Cost pursuant to Article 8 of this Lease. Prior to recording the Declaration, Landlord shall cause the Declarants of the Declaration to confirm in or about writing for the benefit of Tenant that the signs and window coverings to be installed pursuant to Section 3.C of this Lease are approved by the Declarants. Landlord shall promptly send to Tenant all notices received from the Association pertaining to the Association’s entry onto the Premises that is unlawful or that will increase the existing rate of and Common Area, insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee shall not commit or allow to be committed any waste upon coverage affecting the Premises, or any public or private nuisance or and assessments levied against the Premises. All commercial trucks and delivery vehicles shall be (i) loaded and unloaded in a manner which does not interfere with the businesses of other act or thing which disturbs the quiet enjoyment occupants of any other lessee in the Project. If any of Lessee’s machines or equipment disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action and (ii) permitted to remain on the Project only so long as may be is reasonably necessary to eliminate complete the noise loading and unloading. Landlord makes no representation or disturbance. Lessee, at its expense, shall comply with all laws relating to its use and occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safety, care and cleanliness of the Premises or the Project and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded covenants, federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances and warranty that any alterations necessary to the Premises by reason of such laws, rules, regulations and ordinances shall be at Lessee’s sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s specific use of the Premises or Lessee’s activities within the Projectdesired by Tenant is permitted pursuant to any Laws.
Appears in 1 contract
Sources: Sublease (Guidewire Software, Inc.)
Permitted Uses. (a) The Premises are to be used only for warehousingOffice, office Assembly and light manufacturing storage for electronic materials and R&D purposes products (“"Permitted Use”Uses") and for no other business or purpose whatsoever without the prior written consent of LessorLandlord. Tenant shall comply with all present and future laws, ordinances, orders, regulations (including those relating to the Americans With Disabilities Act (the "ADA")) or zoning classifications of any lawful governmental authority, agency or other public or private regulatory authority (including insurance underwriters or rating bureaus) having jurisdiction over the Premises. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Project. In the event of a breach of this covenantBuilding, Lessee shall pay to Lessor unless Tenant pays any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breachacts. Lessee 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 lessee tenant in the ProjectBuilding. If any of Lessee’s Tenant's machines or equipment disturb any other lessee in shall require higher power capacity or place additional point pressure on the Projectbuilding structure or foundation, then Lessee Tenant shall provide adequate insulation, or take be responsible for taking such other action as may be necessary to eliminate the noise provide for any additional capacity or disturbancestructural support for those machines and equipment. LesseeTenant shall agree to repair at its cost any damages caused by such usage and shall hold Landlord harmless from any loss, liability and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph. Tenant, at its expense, shall comply with all laws relating to its use and or occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee Tenant by Lessor Landlord from time to time for the safety, care and cleanliness of the Premises or the Project Building and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded covenants, federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances and that any alterations necessary to the Premises by reason of such laws, rules, regulations and ordinances shall be at Lessee’s sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s use of the Premises or Lessee’s activities within the Project.
Appears in 1 contract
Permitted Uses. (a) A. The Premises are to be used only for warehousing, office and light manufacturing and R&D purposes (“the Permitted Use”) Uses and for no other business or purpose whatsoever without the prior written consent of Lessor, which will not be unreasonably withheld. Notwithstanding anything to the contrary set forth in this Lease, in no event shall the “Permitted Uses” include, or any portion of the Premises be used for or in connection with the following (the “Prohibited Uses”): (i) any product containing any substance, ingredient or component, whether individually or in combination with any other substance, ingredient or component, which is prohibited under any Applicable Laws (as such term is defined below), including, without limitation, U.S. federal law; or (ii) taking, filming or recording photographs, videos or other images depicting adult situations, including, without limitation, sexual acts or any acts which may be deemed lewd or pornographic by L▇▇▇▇▇ in its sole and absolute discretion. For purposes of part (ii) of the definition of Prohibited Uses, images featured on L▇▇▇▇▇’s website (w▇▇.▇▇▇▇▇.▇▇▇) as of the Date of Lease and attached hereto as Exhibit G, which are incorporated herein by reference, are acceptable to Lessor and Lessee shall be entitled to use the Premises for the production of such images under part (3) of the definition of Permitted Uses. Any use of the Premises for or in connection with a Prohibited Use are expressly prohibited under this Lease and shall constitute a material and incurable default and breach of this Lease by Tenant. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee 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 lessee in the Project. If any of Lessee’s machines or equipment disturb disturbs any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance. Lessee, at its expense, shall comply with all laws relating to its use and occupancy of the Premises and Premises. In addition, Lessee shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safety, care and cleanliness of the Premises or the Project and for the preservation of good order therein. A copy of the current rules and regulations in effect for the Project is attached hereto as Exhibit “C”.
(b) B. Lessee represents, warrants and covenants that the operation of its business shall be conducted in strict compliance with all applicable recorded private covenants, conditions and restrictions and all applicable federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances (collectively sometimes referred to as “Applicable Laws”), including, without limitation, the Americans With Disabilities Act and the Arizonans With Disability Act (collectively the “ADA”) and Lessee agrees that any alterations necessary to the Premises by reason of in order to comply with the ADA or such other covenants, conditions, restrictions, laws, rules, regulations and ordinances ordinances, shall be at Lessee’s sole cost and expense. Lessee represents and warrants , but only if required due to Lessor that there is no risk (i) improvements made to the Premises by the Lessee, Lessee’s visitors (ii) the specific and others using unique use of the Premises arising from Lessee’s operationsby L▇▇▇▇▇ as opposed to uses by tenants in general or (iii) any new Applicable Laws or changes to existing Applicable Laws, coming into effect after the actual Commencement Date. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to LesseeL▇▇▇▇▇’s use of the Premises or Lessee’s activities within the ProjectProject or any violations of the ADA due to the use of the Premises by L▇▇▇▇▇, its employees, subtenants, agents, guests, contractors or invitees, except to the extent caused by Lessor’s negligent or intentional act or breach of this Lease. Notwithstanding the above, Lessor represents and warrants that the Common Areas shall, as of the Commencement Date, be in compliance with ADA and other Applicable Laws. Lessee shall indemnify, defend, and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorney’s fees, arising from or related to failure of the Premises to comply with the ADA or other Applicable Laws on the Commencement Date, except to the extent caused by L▇▇▇▇▇’s grossly negligent or intentional act or breach of this Lease.
Appears in 1 contract
Sources: Commercial Industrial Triple Net Lease (PLBY Group, Inc.)
Permitted Uses. (a) The Landlord acknowledges that Tenant intends to use the Premises are to be used only for warehousingdevelop, office manufacture and light manufacturing and R&D purposes (“Permitted Use”) and for no other business or purpose whatsoever market pharmaceutical delivery systems, which use shall include, without limitation, performing laboratory work, including wet laboratory work. Landlord consents to such use of the prior written consent of LessorPremises by Tenant. No Tenant shall not do any act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Projectunlawful. In the event of a breach of this covenant, Lessee shall pay to Lessor any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee Tenant shall not commit or allow to be committed any waste upon the Premises, or any public or private nuisance or any other act or thing which disturbs the quiet enjoyment of any other lessee tenant in the ProjectBuilding. If any of Lessee’s machines or equipment disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance. LesseeTenant, at its expense, shall comply with all laws laws, statutes, ordinances, governmental rules, regulations and requirements now existing or hereafter in effect relating to its use and use, operation or occupancy of the Premises; provided, however that, subject to Tenant's obligations pursuant to Section 16, Landlord shall comply with all laws, statutes, ordinances, governmental rules, regulations and requirements now existing or hereinafter in effect that are generally applicable to the Building and the Premises (e.g., if local codes change and require the installation of new systems, such as a sprinkler system, in the Building and the Premises, Landlord shall be responsible for causing the Building and the Premises to comply subject, however, to reimbursement for such costs by Tenant as part of Other Operating Costs, as that term is defined in Section 9.1.3). Tenant shall observe such reasonable rules and regulations as may be adopted with respect to all tenants in the Building and made available to Lessee Tenant by Lessor Landlord from time to time for the safety, care and cleanliness of the Premises or the Project Building and for the preservation of good order therein, provided that such rules and regulations do not interfere with the Food and Drug Administration's requirements imposed upon Tenant to observe "current good manufacturing practices" and with the necessity of Tenant to protect its trade secrets.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded covenants, federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances and that any alterations necessary to the Premises by reason of such laws, rules, regulations and ordinances shall be at Lessee’s sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s use of the Premises or Lessee’s activities within the Project.
Appears in 1 contract
Sources: Lease (Fuisz Technologies LTD)
Permitted Uses. Tenant shall use the Premises and the Common Area only in conformance with applicable governmental or quasi-governmental laws, statutes, orders, regulations, rules, ordinances and other requirements now or hereafter in effect (a) The Premises are to be used only for warehousingcollectively, office and light manufacturing and R&D purposes (“Permitted UseLaws”) for the purposes set forth in Paragraph 1.9 above, and for no other business or purpose whatsoever without the prior written consent of Lessor. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Project. In the event of a breach of this covenantLandlord, Lessee shall pay to Lessor any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee which consent shall not commit be unreasonably withheld or allow to be committed any waste upon the Premisesdelayed, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the Project. If any of Lessee’s machines or equipment disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take provided that such other action as may be necessary to eliminate the noise use is in conformance with applicable Laws. Landlord makes no representation or disturbance. Lessee, at its expense, shall comply with all laws relating to its warranty that Tenant’s intended use and occupancy of the Premises is permitted under zoning and/or other Laws applicable to the Premises and shall observe it is Tenant’s responsibility to ensure that Tenant’s intended use of the Premises is, in fact, permitted under such reasonable rules zoning and regulations as may other Laws applicable to the Premises. Tenant acknowledges and agrees that Landlord has selected or will be adopted and made available to Lessee by Lessor from time to time selecting tenants for the safetyBuilding and Project in order to produce a mix of tenant uses compatible and consistent with the design integrity of the Building and Project and with other uses of the Building and Project; provided, care however, the selection of other tenants for the Building and cleanliness Project shall be in Landlord’s sole discretion and Landlord in making such selection shall not be deemed to be warranting that any use of the Building or Project made by any such tenant is compatible or consistent with the design integrity of the Building or Project or other uses of the Building or Project. Any change in use of the Premises or the Project and for Common Area by Tenant without the preservation prior written consent of good order therein.
(b) Lessee warrants that the operation of its business Landlord shall be conducted in strict compliance a Default by Tenant. Tenant and Tenant’s agents shall comply with all applicable recorded covenantsthe provisions of any Declaration of Covenants, federalConditions, state and local environmentalRestrictions affecting the Premises and the Common Area. During the Lease Term, safety and other pertinent laws, rules, regulations and ordinances and that any alterations necessary Tenant shall be permitted to have access to the Premises 24 hours per day, 7 days per week, 365 days per year, unless such access is prohibited, limited or restricted by reason any governmental or quasi-governmental law, statute, ordinance, rule or regulation, damage to or destruction or condemnation of such lawsthe Premises, rules, regulations and ordinances shall be at Lessee’s sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss Building or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s use portion of the Premises Project or Lessee’s activities within the Projectdue to an emergency.
Appears in 1 contract
Sources: Net Lease Agreement (Calix, Inc)
Permitted Uses. (a) The Premises are to be used only for warehousingthe design, assembly, sales, and distribution of new motorcycles, motorcycle parts and motorcycle accessories; in addition, to operation willl include welding, assembly, painting, machinery, testing, polishing and other allied activities, and related general office and light manufacturing and R&D purposes administration (“"Permitted Use”") and for no other business or purpose whatsoever without the prior written writted consent of Lessor. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breachunlawful. Lessee shall not commit or allow to be committed any waste upon the Premises, or any public or private pricated nuisance or other act or thing which unreasonably disturbs the quiet enjoyment of any other lessee in the Project, taking into accout, however, ▇▇▇▇▇▇'s Permitted Use of the Premises. If any of Lessee’s 's machines or equipment unreasonably disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance. Lessee, at its expense, shall comply with all laws relating to its use and occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safety, care and cleanliness of the Premises or the Project and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded private covenants, conditions and restrictions and all applicable federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances and that any alterations necessary to the Premises by reason of such covenants, conditions, restrictions, laws, rules, regulations and ordinances ordinances, including, without limitation, The Americans With Disabilities Act, shall be at Lessee’s 's sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s ▇▇▇▇▇▇'s visitors and others using the Premises arising from Lessee’s ▇▇▇▇▇▇'s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ ' fees, arising from or relating to Lessee’s ▇▇▇▇▇▇'s use of the Premises or Lessee’s 's activities within the ProjectProject or any violations of the Americana with Disabilities Act due to the use of the Premises by Lessee, its employees, subtenants, agents, guests or invitees.
Appears in 1 contract
Sources: Standard Commercial Industrial Triple Net Lease (Titan Motorcycle Co of America Inc)
Permitted Uses. (a) The Premises are to shall be used by Tenant only for warehousingpurposes of parking up to fifty (50) of the Tenant’s valet customer vehicles, office guests and light manufacturing and R&D purposes invitees (“Permitted UsePlaza Lot”) ), and for no other business use or purpose whatsoever without the Landlord’s prior written consent of Lessor. No act consent, which shall be done granted or withheld in Landlord’s sole and subjective discretion. The Tenant will not otherwise hold the Plaza Lot open for use by the general public nor collect any rate or about charge for the parking of a motor vehicle on the Premises. The Tenant shall comply with all federal, state and local laws, ordinances, codes and regulations regarding the Premises that is unlawful or that will increase and the existing rate of insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee shall not commit or allow to be committed any waste permitted use upon the Premises, and shall undertake all measures reasonably necessary to ensure to Landlord’s satisfaction that all of Tenant’s employees, guests and invitees using the Plaza Lot shall do so in an acceptably safe manner and shall observe the organization of the Plaza Lot as depicted on the attached Exhibit “A”, including identified entrances and driveways, leaving the same clear at all times for the safe and unimpeded flow of vehicular traffic to and through the Plaza Lot. The Tenant will not maintain or suffer to be maintained any business, conduct, act or thing which will constitute a public or private nuisance or violate any other act or thing which disturbs public ordinance during the quiet enjoyment Term hereof. Tenant shall operate the Plaza Lot is a safe and courteous manner and keep the Plaza Lot clean of any other lessee in the ProjectTenant related trash and debris. If any The permitted hours of Lessee’s machines or equipment disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance. Lessee, at its expense, shall comply with all laws relating to its use and occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safety, care and cleanliness of the Premises or the Project and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded covenants, federal, state and local environmental, safety and other pertinent laws, rules, regulations and ordinances and that any alterations necessary to the Premises by reason of such laws, rules, regulations and ordinances shall be at Lessee’s sole cost and expense. Lessee represents and warrants to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s use of the Premises or Lessee’s activities within by the ProjectTenant is from 5:00 pm to 12:00 am (midnight), 7 days a week, 365 days a year. However, Landlord reserves the right to open up the parking lot to free parking during the afore-mentioned hours. Landlord does not guarantee the availability of fifty (50) parking spaces each and every evening. Tenant shall be responsible for damages to the Premises caused by the Tenant.
Appears in 1 contract
Sources: Parking Lot Lease
Permitted Uses. (a) The Premises are to may be used only for warehousing, office and light manufacturing and R&D purposes (“Permitted Use”) senior housing with assisted living services and for no other business purpose. Tenant agrees that such use shall not change, for the term of Landlord's construction loan and for the term of any permanent loan, unless such change is approved by the applicable Facility Mortgagee. The approval of a Facility Mortgagee shall not be unreasonably withheld, provided that, in considering a request for a change in use, the Facility Mortgagee may consider the market feasibility of any proposed use, the existence of compedog projects, the demand for assisted living housing, the operadng history of the Facility and similar criteria. Tenant assumes full responsibility for confirming that such use is permitted under all laws, statutes, ordinances, regulations, and orders governing the Real Property and for obtaining any certificate of need, license or purpose whatsoever without other authorization required to operate such use and/or to provide assisted living services within the prior written consent of Lessor. No act Facility (provided that it shall be done in or about Landlord's obligation to obtain the Premises necessary building permit and certificate of occupancy for the Improvements and for assuring that is unlawful or that will increase the existing rate of insurance on the Project. In the event of a breach of this covenant, Lessee shall pay to Lessor any and all increases in insurance premiums resulting from such breach upon demand, and Lessor shall have all additional remedies provided for herein to redress such breach. Lessee 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 lessee in the Project. If any of Lessee’s machines or equipment disturb any other lessee in the Project, then Lessee shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance. Lessee, at its expense, shall Improvements constructed by Landlord comply with all laws relating to its use and occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Lessee by Lessor from time to time for the safetyapplicable laws, care and cleanliness of the Premises or the Project and for the preservation of good order therein.
(b) Lessee warrants that the operation of its business shall be conducted in strict compliance with all applicable recorded covenantsstatutes, federal, state and local environmental, safety and other pertinent lawsordinances, rules, regulations regulations, orders, restrictions and ordinances other governmental requirements of any governmental enddes and that any alterations necessary divisions having regulatory authority over Tenant and the Improvements by virtue of the health care business conducted by Tenant). Landlord makes no representation or warranty as to the Premises compliance of such use under any such laws, statutes, ordinances, regulations, and orders governing the Real Property and/or insurance requirements. Any failure by Tenant to obtain or maintain any required authorization or approval (other than by reason of such laws, rules, regulations and ordinances Landlord's failure to cause the Improvements to be constructed so as to comply with the licensure/approval requirements as required of Landlord herein) shall be at Lessee’s sole cost and expense. Lessee represents and warrants not affect Tenant's obligation to Lessor that there is no risk to Lessee, Lessee’s visitors and others using the Premises arising from Lessee’s operations. Lessee shall indemnify, defend and hold harmless Lessor from and against pay Rent or any claim, liability, expense, lawsuit, loss or other damage, including reasonable attorneys’ fees, arising from or relating to Lessee’s use of the Premises or Lessee’s activities within the Projectobligation hereunder.
Appears in 1 contract
Sources: Lease Agreement (Emeritus Corp\wa\)