Tenant to Comply with Legal Requirements. Tenant shall, at its sole cost, promptly comply with all applicable governmental and quasi-governmental laws, statutes, orders, regulations, rules, ordinances and other requirements now or hereafter in effect (“Laws”) relating to or affecting Tenant’s particular manner of use or occupancy of the Premises, including without limitation those relating to utility usage and load or number of permissible occupants or users of the Premises; and with the requirements of any board of fire underwriters (or similar body now or hereafter constituted) relating to or affecting Tenant’s particular manner of use or occupancy of the Premises or use of the Common Area. Tenant shall, at its sole cost, maintain or restore the Premises as required by all applicable Laws and make structural and/or non-structural alterations and additions in compliance and conformity with all applicable Laws if such maintenance, restoration and/or alterations or additions is solely caused by Tenant’s particular manner of use of the Premises during the Lease Term (excluding office use) or caused by alterations made to the Premises by Tenant during the Lease Term; provided, however, if any structural or non-structural alterations, additions or improvements are required to be made by Tenant hereunder in order to comply with applicable laws due to Tenant’s particular manner of use of the Premises and the cost of the same will exceed Fifty Thousand Dollars ($50,000), then Tenant shall be permitted to terminate this Lease upon written notice to Landlord. Any alterations or additions undertaken by Tenant pursuant to this Paragraph 5.2 shall be subject to the requirements of Paragraph 12.1 below. Anything in this Lease to the contrary notwithstanding, Tenant shall not be required to construct, or pay for the cost of constructing, any structural alterations or capital improvements that may be required due to a change in Laws which are unrelated to Tenant’s specific manner of use of the Premises or Tenant’s alterations or improvements to the Premises.
Appears in 1 contract
Samples: Agreement (Borland Software Corp)
Tenant to Comply with Legal Requirements. Tenant shall, at its sole cost, promptly comply with all applicable governmental and quasi-governmental laws, statutes, orders, regulations, rules, ordinances and other requirements now or hereafter in effect (“Laws”) Laws relating to or affecting Tenant’s 's particular manner of use or occupancy of the PremisesPremises or use of the Common Area, now in force, or which may hereafter be in force, including without limitation those relating to utility usage and load or number of permissible occupants or users of the Premises, whether or not the same are now contemplated by the parties; with the provisions of all recorded documents affecting the Premises or the Common Area insofar as the same relate to or affect Tenant's particular use or occupancy of the Premises or use of the Common Area; and with the requirements of any board of fire underwriters (or similar body now or hereafter constituted) relating to or affecting Tenant’s 's particular manner of use or occupancy of the Premises or use of the Common Area. Tenant shallTenant's obligations pursuant to this Paragraph 6.2 shall include, at its sole costwithout limitation, maintain maintaining or restore restoring the Premises as required by all applicable Laws and make making structural and/or and non-structural alterations and additions in compliance and conformity with all applicable Laws if such maintenanceand recorded documents (including, restoration and/or without limitation, alterations or additions is solely caused by to the Premises, Building or Common Area that are required pursuant to the ADA), each relating to Tenant’s 's particular manner of use or occupancy of the Premises during the Lease Term (excluding office use) or caused by alterations made to the Premises by Tenant. At Landlord's option, Landlord may make the required alteration, addition or change, and Tenant during shall pay the Lease Term; providedcost thereof as Additional Rent. The foregoing notwithstanding, however, if Landlord shall make any structural alteration or non-structural alterations, additions or improvements are addition required to be made bring the Premises and that portion of the Common Area related to the Premises into compliance with Title 24 and the ADA as of the Commencement Date. In addition, Landlord shall perform the UBC Work if requested by Tenant hereunder pursuant to Paragraph 2.2(b), subject to the cost limitations set forth therein. Tenant shall obtain prior to taking possession of the Premises any permits, licenses or other authorizations required for the lawful operation of its business at the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in order to comply with applicable laws due any action or proceeding against Tenant, regardless of whether Landlord is a party thereto or not, that Tenant has violated such Law or recorded document relating to Tenant’s 's particular manner use or occupancy of the Premises or use of the Premises and the cost Common Area shall be conclusive of the same will exceed Fifty Thousand Dollars ($50,000), then Tenant shall be permitted to terminate this Lease upon written notice to Landlordfact of such violation by Tenant. Any alterations or additions undertaken by Tenant pursuant to this Paragraph 5.2 6.2 shall be subject to the requirements of Paragraph 12.1 below. Anything in this Lease to the contrary notwithstanding, Tenant shall not be required to construct, or pay for the cost of constructing, any structural alterations or capital improvements that may be required due to a change in Laws which are unrelated to Tenant’s specific manner of use of the Premises or Tenant’s alterations or improvements to the Premises.13.1
Appears in 1 contract
Samples: Net Lease Agreement (Laserscope)
Tenant to Comply with Legal Requirements. Tenant shall, at its sole costcost (except as otherwise expressly provided in this Lease), promptly comply with all applicable governmental and quasi-governmental laws, statutes, orders, regulations, rules, ordinances and other requirements now or hereafter in effect (“Laws”) Laws relating to or affecting Tenant’s particular manner of use the use, occupational safety, occupancy or occupancy condition of the PremisesPremises or the Common Area, now in force, or which may hereafter be in force, including without limitation those relating to utility usage and load or number of permissible occupants or users of the Premises, whether or not the same are now contemplated by the parties; with the provisions of all recorded documents affecting the Premises or the Common Area insofar as the same relate to or affect the use, occupational safety, occupancy, or condition of the Premises or the Common Area; and with the requirements of any board of fire underwriters (or similar body now or hereafter constituted) relating to or affecting Tenant’s particular manner of use the use, occupational safety, occupancy or occupancy condition of the Premises or use of the Common Area. Tenant shall, at its sole cost, maintain Tenant's obligations pursuant to this Paragraph 6.2 shall include without limitation maintaining or restore restoring the Premises as required by all applicable Laws and make making structural and/or and non-structural alterations and additions in compliance and conformity with all applicable Laws if such maintenanceand recorded documents relating to the use, restoration and/or alterations occupational safety, occupancy or additions is solely caused by Tenant’s particular manner of use condition of the Premises during the Lease Term (excluding office use) Term. At Landlord's option, Landlord may make the required alteration, addition or caused by alterations made to change, and Tenant shall pay the Premises by Tenant during the Lease Term; provided, however, if cost thereof as Additional Rent. If any structural or non-structural alterations, additions or improvements are required to be made by Tenant hereunder in order to comply with applicable laws due to Tenant’s particular manner of use portion of the Premises and the cost or Common Area is not in compliance with Laws as of the same will exceed Fifty Thousand Dollars ($50,000)Commencement Date of this Lease, then Tenant shall be permitted to terminate this Lease upon written notice to Landlord. Any alterations or additions undertaken by Tenant pursuant to this Paragraph 5.2 shall be subject to the requirements of Paragraph 12.1 below. Anything in this Lease to the contrary notwithstanding, Tenant shall not be required responsible for bringing the Premises or Common Area into compliance, nor shall Tenant be obligated to construct, pay any money to bring the Premises or pay for the cost of constructing, Common Area into compliance. With respect to any structural alterations or capital improvements that additions as may be hereafter required due to a change in Laws which are and unrelated to (i) Tenant’s 's specific manner of use of the Premises or the Common Area, (ii) Tenant’s alterations 's alterations, additions or improvements to the Premises., or (iii) Tenant's acts or omissions, Tenant shall be required to pay the amortized cost of such structural alteration or addition, which amount shall be determined as follows: (a) all costs paid by Landlord to construct such alteration or addition (including financing costs) shall be fully amortized over the useful life of such alteration or addition (as determined by Landlord in good faith) with interest on the unamortized balance at the prevailing market rate Landlord would pay if it borrowed funds to construct such alteration or addition from an institutional lender, and (b) as Additional Rent, Tenant shall pay the entire monthly amortized payment with respect to such structural alteration or addition. Tenant's obligation to make payments under the immediately preceding sentence with respect to any structural alteration or addition that is required due to a change in Laws and unrelated to (i) Tenant's specific use of the Premises or Common Area, (ii) Tenant's alterations, additions or
Appears in 1 contract
Samples: Net Lease Agreement (Integrated Device Technology Inc)
Tenant to Comply with Legal Requirements. Subject to the terms of the second paragraph of Section 2.2 above, Tenant shall, at its sole cost, promptly comply with all applicable governmental and quasi-governmental laws, statutes, orders, regulations, rules, ordinances and other requirements now or hereafter in effect (“Laws”) Laws relating to or affecting Tenant’s particular manner of use the use, occupational safety, occupancy or occupancy condition of the PremisesPremises or the Common Area, now in force, or which may hereafter be in force, including without limitation those relating to utility usage and load or number of permissible occupants or users of the Premises, whether or not the same are now contemplated by the parties; with the provisions of all recorded documents affecting the Premises or the Common Area insofar as the same relate to or affect the use, occupational safety, occupancy, or condition of the Premises or the Common Area; and with the requirements of any board of fire underwriters (or similar body now or hereafter constituted) relating to or affecting Tenant’s particular manner of use the use, occupational safety, occupancy or occupancy condition of the Premises or use of the Common Area. Tenant shall, at its sole cost, maintain Tenant’s obligations pursuant to this Paragraph 6.2 shall include without limitation maintaining or restore restoring the Premises as required by all applicable Laws and make the Common Area and making structural and/or and non-structural alterations and additions in compliance and conformity with all applicable Laws if such maintenanceand recorded documents relating to the use, restoration and/or alterations occupational safety, occupancy or additions is solely caused by Tenant’s particular manner of use condition of the Premises during or the Lease Term (excluding office use) or caused by alterations made to the Premises by Tenant Common Area during the Lease Term; provided, however, if that Landlord shall make any alteration or addition required to bring the Premises or the Common Area into compliance with legal requirements in effect at the time the Premises, any improvements installed therein by Landlord, or the Common Area, respectively, were originally constructed. At Landlord’s option, Landlord may make the required alteration, addition or change, and Tenant shall pay the cost thereof as Additional Rent. The preceding notwithstanding, subject to the provisions of the second paragraph of Paragraph 2.2 above, Tenant shall have no obligation to correct any code violations or violations of Law that may exist with respect to the Premises, the Building or the Common Area as of the Commencement Date of this Lease. With respect to any structural alterations or non-structural alterations, additions or improvements are as may be hereafter required due to be made by Tenant hereunder a change in order to comply with applicable laws due Laws and unrelated to Tenant’s particular manner of specific use of the Premises and or the cost of the same will exceed Fifty Thousand Dollars ($50,000)Common Area or Tenant’s alterations or improvements, then Tenant shall be permitted required to terminate this pay the amortized cost of such structural alteration or addition, which amount shall be determined as follows: (a) all costs paid by Landlord to construct such alteration or addition (including financing costs) shall be fully amortized over the useful life of such alteration or addition (as determined by Landlord in good faith) with interest on the unamortized balance at the prevailing market rate Landlord would pay if it borrowed funds to construct such alteration or addition from an institutional lender, and (b) as Additional Rent, Tenant shall pay the entire monthly amortized payment with respect to such structural alteration or addition. Tenant’s obligation to make payments under the immediately preceding sentence with respect to any structural alteration or addition that is required due to a change in Laws and unrelated to Tenant’s specific use of the Premises or Common Area or Tenant’s alterations or improvements shall commence when such alteration or addition has been substantially completed and shall cease upon the earlier of the expiration of the Lease Term (but not upon written notice a termination due to Landlordany Default on the part of Tenant) or the end of the term over which the costs of constructing the particular alteration or addition were amortized. Payments of such Additional Rent shall be made concurrently with payments of monthly Rent. Tenant shall obtain prior to taking possession of the Premises any permits, licenses or other authorizations required for the lawful operation of its business at the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action or proceeding against Tenant, regardless of whether Landlord is a party thereto or not, that Tenant has violated such Law or recorded document relating to the use, occupational safety, occupancy or condition of the Premises or the Common Area shall be conclusive of the fact of such violation by Tenant. Any alterations or additions undertaken by Tenant pursuant to this Paragraph 5.2 6.2 shall be subject to the requirements of Paragraph 12.1 13.1 below. Anything in this Lease to the contrary notwithstanding, Tenant shall not be required to construct, or pay for the cost of constructing, any structural alterations or capital improvements that may be required due to a change in Laws which are unrelated to Tenant’s specific manner of use of the Premises or Tenant’s alterations or improvements to the Premises.
Appears in 1 contract
Tenant to Comply with Legal Requirements. Tenant shall, at its sole cost, promptly comply with all applicable governmental laws, statutes, ordinances, rules, regulations, orders or requirements of all municipal, county, state and federal authorities and quasi-governmental laws, statutes, orders, regulations, rules, ordinances and other requirements now or hereafter in effect (“Laws”) authorities relating to or affecting Tenant’s particular manner of use the use, occupational safety, occupancy, or occupancy condition of the Premises, now in force, or which may hereafter be in force, including without limitation those any of the foregoing relating to utility usage and load or number of permissible occupants or users of the Premises, whether or not the same are now contemplated by the parties; with the provisions of all recorded documents affecting the Premises or the Common Area insofar as the same relate to or affect the condition, use, occupational safety or occupancy of the Premises or the Common Area; and with the requirements of any board of fire underwriters (or similar body now or hereafter constituted) relating to or affecting Tenant’s particular manner of use the condition, use, occupational safety or occupancy of the Premises or use of the Common Area. Tenant shallTenant's obligations pursuant to this paragraph shall include, at its sole costwithout limitation, maintain maintaining or restore restoring the Premises as required by all applicable Laws and make making structural and/or non-structural and nonstructural alterations and additions in compliance and conformity with all applicable Laws if such maintenancelaws and recorded documents relating to the condition, restoration and/or alterations use, occupancy or additions is solely caused by Tenant’s particular manner of use occupational safety of the Premises during the Lease Term (excluding office use) or caused by alterations made to the Premises by Tenant during the Lease Term; provided, however, if that Landlord shall make any structural alteration or non-structural alterations, additions or improvements are addition required to be made by Tenant hereunder in order to comply with applicable laws due to Tenant’s particular manner of use of bring the Premises or the Common Area into compliance with legal requirements in effect at the time the Premises or any improvements installed therein by Landlord, respectively, were originally constructed. At Landlord's option, Landlord may make the required alteration, addition or change, and Tenant shall pay the cost of the same will exceed Fifty Thousand Dollars ($50,000), then Tenant shall be permitted thereof as Additional Rent. With respect to terminate this Lease upon written notice to Landlord. Any alterations or additions undertaken by Tenant pursuant to this Paragraph 5.2 shall be subject to the requirements of Paragraph 12.1 below. Anything in this Lease to the contrary notwithstanding, Tenant shall not be required to construct, or pay for the cost of constructing, any structural alterations or capital improvements that additions as may be hereafter required due to a change in Laws which are laws and unrelated to Tenant’s 's specific manner of use of the Premises or Tenant’s alterations the Common Area, Tenant shall be required to pay a pro rata portion of the cost thereof, which amount shall be determined by multiplying the total cost by a fraction, the numerator of which is the number of months remaining in the Lease Term at the time of the alteration or improvements addition, and the denominator of which is the number of months in the useful life of the alteration or addition. Tenant shall obtain, prior to taking possession of the Premises., any permits,
Appears in 1 contract
Samples: That Certain Lease Agreement (Nhancement Technologies Inc)
Tenant to Comply with Legal Requirements. Subject to the obligations, representations and warranties of Landlord set forth in Section 2.3 above, Tenant shall, at its sole cost, promptly comply with all applicable governmental and quasi-governmental laws, statutes, orders, regulations, rules, ordinances and other requirements now or hereafter in effect (“Laws”) Laws relating to or affecting Tenant’s particular manner of use or occupancy of the PremisesPremises or use of the Common Area, now in force, or which may hereafter be in force, including without limitation those relating to utility usage and load or number of permissible occupants or users of the Premises, whether or not the same are now contemplated by the parties; with the provisions of all recorded documents affecting the Premises or the Common Area insofar as the same relate to or affect Tenant’s particular use or occupancy of the Premises or use of the Common Area; and with the requirements of any board of fire underwriters (or similar body now or hereafter constituted) relating to or affecting Tenant’s particular manner of use or occupancy of the Premises or use of the Common Area. Tenant shallTenant’s obligations pursuant to this Paragraph 6.2 shall include, at its sole costwithout limitation, maintain maintaining or restore restoring the Premises as required by all applicable Laws and make making structural and/or and non-structural alterations and additions in compliance and conformity with all applicable Laws if such maintenanceand recorded documents (including, restoration and/or without limitation, alterations or additions is solely caused by to the Premises, Building or Common Area that are required pursuant to the ADA), each relating to Tenant’s particular manner of use or occupancy of the Premises during the Lease Term (excluding office use) or caused by alterations made to the Premises by Tenant during the Lease Term; provided, however, if any structural or non-structural alterations, additions or improvements are required to be made by Tenant hereunder in order to comply with applicable laws due to Tenant’s particular manner of use of the Premises and the cost of the same will exceed Fifty Thousand Dollars ($50,000), then Tenant shall be permitted to terminate this Lease upon written notice to Landlord. Any alterations or additions undertaken by Tenant pursuant to this Paragraph 5.2 6.2 shall be subject to the requirements of Paragraph 12.1 13.1 below. Anything At Landlord’s option, Landlord may make the required alteration, addition or change, and Tenant shall pay as Additional Rent the reasonable actual cost thereof. If the total cost is in this Lease to the contrary excess of $25,000, any mechanical, electrical and plumbing work will be based on competitive bids. The foregoing notwithstanding, Tenant Landlord shall not be make any alteration or addition required to constructbring the Premises, the Building or pay for the Common Area into compliance with legal requirements in effect at the time the Premises, the Interior Work and the Exterior Work installed therein by Landlord, the Building or the Common Area, respectively, were originally constructed. The cost of constructing, any structural alterations or capital improvements that as may be hereafter required due to a change in Laws which are laws and unrelated to Tenant’s specific manner of use of the Premises shall be the responsibility of Landlord. Tenant shall obtain prior to taking possession of the Premises any permits, licenses or other authorizations required for the lawful operation of its business at the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action or proceeding against Tenant, regardless of whether Landlord is a party thereto or not, that Tenant has violated such Law or recorded document relating to Tenant’s alterations particular use or improvements to occupancy of the PremisesPremises or use of the Common Area shall be conclusive of the fact of such violation by Tenant.
Appears in 1 contract
Tenant to Comply with Legal Requirements. Notwithstanding anything to the contrary in this Lease, at the Commencement Date, Landlord represents and warrants that the Premises, the Land and Improvements shall conform to all requirements of covenants, conditions, restrictions and encumbrances, all underwriter's requirements, and all municipal, county, federal and state rules, regulations, statutes, ordinances, laws, requirements and building codes, (collectively, "Laws") applicable thereto. In the event of a breach of the foregoing representation and warranty, Landlord shall, at its sole cost and expense, correct such noncompliance and Tenant's sole remedy shall be that provided in Article 22 hereof. Except as otherwise set forth in the preceding sentences of this Section 5.3, Tenant shall, at its sole costcost and expense, promptly comply with all applicable governmental and quasi-governmental laws, statutes, orders, regulations, rules, ordinances and other requirements now or hereafter in effect (“Laws”) Laws relating to or affecting Tenant’s particular manner of the condition, use or occupancy of the Premises and, both now in force, or which may hereafter be in force, whether or not the same are now contemplated by the parties; the provisions of all recorded documents affecting the Premises, including without limitation those relating to utility usage and load or number of permissible occupants or users of the Premises; and with the requirements of any board of fire underwriters (or similar body now or hereafter constituted) relating to or affecting Tenant’s particular manner of the condition, use or occupancy of the Premises including, without limitation, Tenant's obligations pursuant to this Section 5.3 shall include without limitation maintaining or use of the Common Area. Tenant shall, at its sole cost, maintain or restore restoring the Premises as required by all applicable Laws and make making structural and/or non-structural and nonstructural alterations and additions in compliance and conformity with all applicable Laws if such maintenancelaws and recorded documents relating to the condition, restoration and/or alterations use, occupational safety or additions is solely caused by Tenant’s particular manner of use occupancy of the Premises during the Lease Term (excluding office use) or caused by alterations made to the Premises by Term. Tenant shall maintain during the Lease Term; providedTerm all permits, however, if any structural or non-structural alterations, additions or improvements are licenses and other authorizations required to be made by Tenant hereunder in order to comply with applicable laws due to Tenant’s particular manner for the lawful operation of use of its business at the Premises and the cost of the same will exceed Fifty Thousand Dollars ($50,000), then Tenant shall be permitted to terminate this Lease upon written notice to LandlordPremises. Any alterations or additions undertaken by Tenant pursuant to this Paragraph 5.2 shall be subject to the requirements of Paragraph 12.1 below. Anything Except as otherwise set forth in this Lease to the contrary notwithstandingSection 5.3, Tenant shall not be required to constructindemnify, defend, and hold Landlord harmless from and against any loss, expense, cost, damage, attorneys' fees, penalties, fines or pay for the cost liability arising out of constructing, any structural alterations or capital improvements that may be required due to a change in Laws which are unrelated to Tenant’s specific manner of use of the Premises or Tenant’s alterations or improvements to the Premises.the
Appears in 1 contract
Samples: Handspring Inc
Tenant to Comply with Legal Requirements. To the extent that any of the following are triggered by (i) Tenant’s particular use of the Premises, (ii) any improvements to the Premises installed by or for Tenant during the Lease Term, (iii) Tenant’s application for any permit or governmental approval, or (iv) the negligence or willful misconduct of Tenant or any of its agents, employees, contractors, subcontractors, affiliates, licensees, invitees, sublessees or other representatives, Tenant shall, at its sole cost, promptly comply with all applicable governmental and quasi-governmental laws, statutes, orders, regulations, rules, ordinances and other requirements now or hereafter in effect (“Laws”) Laws relating to or affecting Tenant’s particular manner of use or occupancy of the PremisesPremises or use of the Common Area, now in force, or which may hereafter be in force, including without limitation those relating to utility usage and load or number of permissible occupants or users of the Premises, whether or not the same are now contemplated by the parties; with the provisions of all recorded documents affecting the Premises or the Common Area insofar as the same relate to or affect Tenant’s particular use or occupancy of the Premises or use of the Common Area; and with the requirements of any board of fire underwriters (or similar body now or hereafter constituted) relating to or affecting Tenant’s particular manner of use or occupancy of the Premises or use of the Common Area. Tenant shallTenant’s obligations pursuant to this Paragraph 6.2 shall include, at its sole costwithout limitation, maintain or restore but only to the extent that any of the following are triggered by (i) Tenant’s particular use of the Premises, (ii) any improvements to the Premises as required installed by all applicable Laws or for Tenant during the Lease Term, (iii) Tenant’s application for any permit or governmental approval, or (iv) the negligence or willful misconduct of Tenant or any of its agents, employees, contractors, subcontractors, affiliates, licensees, invitees, sublessees or other representatives, maintaining or restoring the Premises and make making structural and/or and non-structural alterations and additions in compliance and conformity with all applicable Laws if such maintenanceand recorded documents, restoration and/or alterations or additions is solely caused by each relating to Tenant’s particular manner of use or occupancy of the Premises during the Lease Term (excluding office use) Term, Tenant’s application for any permit or caused by alterations governmental approval or alterations, additions or improvements made to the Premises by Tenant during the Lease Term; provided, however, if any structural or non-structural alterations, additions or improvements are required to be made by Tenant hereunder in order to comply with applicable laws due to Tenant’s particular manner of use of the Premises and the cost of the same will exceed Fifty Thousand Dollars ($50,000), then Tenant shall be permitted to terminate this Lease upon written notice to Landlord. Any alterations or additions undertaken by Tenant pursuant to this Paragraph 5.2 6.2 shall be subject to the requirements of Paragraph 12.1 13.1 below. Anything in this Lease to At Landlord’s option, Landlord may make the contrary notwithstandingrequired alteration, addition or change, and Tenant shall not be required to construct, or pay for the cost of constructing, thereof as Additional Rent. With respect to any structural alterations or capital improvements that additions as may be hereafter required with respect to the Building, Premises, or Common Area due to a change in Laws which are laws and unrelated to Tenant’s specific manner of use of the Premises or the Common Area, Tenant’s alterations application(s) for any permit or governmental approval or Tenant’s alterations, additions or improvements to the Premises, the cost thereof shall be amortized at the lesser of (i) the annual rate of interest charged on the loan obtained by Landlord to finance the applicable structural alteration(s), addition(s) or improvement(s) (or if Landlord does not obtain a loan to finance such structural alteration(s), addition(s) or improvement(s), then at three percent (3%) above the prime rate or reference rate published in the Wall Street Journal (or if such rate is not published in the Wall Street Journal, then the prime rate or reference rate established by a national bank selected by Landlord)), or (ii) the maximum rate permitted by law, over the useful life of the alteration or addition, and Tenant shall pay its percentage share (as defined in Paragraph 1.10 above) of such monthly amortized cost on the first day of each month (prorated for any partial month) from the date of installation or repair through Lease Termination. At Tenant’s reasonable request and upon Landlord’s approval, which shall not be unreasonably withheld or delayed, Landlord shall without charge sign, but without any obligation to incur any expenses and without liability to Landlord, applications for all permits and other instruments that may be necessary or appropriate for the use of the Premises as contemplated herein and in accordance with Legal Requirements and the terms and conditions of this Lease. Tenant shall obtain prior to taking possession of the Premises any permits, licenses or other authorizations required for the lawful operation of its business at the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action or proceeding against Tenant, regardless of whether Landlord is a party thereto or not, that Tenant has violated such Law or recorded document relating to Tenant’s particular use or occupancy of the Premises or use of the Common Area shall be conclusive of the fact of such violation by Tenant.
Appears in 1 contract
Samples: Improvement Agreement (Calix, Inc)
Tenant to Comply with Legal Requirements. Tenant shall, at its sole cost, promptly comply with all applicable governmental and quasi-governmental laws, statutes, orders, regulations, rules, ordinances and other requirements now or hereafter in effect (“Laws”) Laws relating to or affecting Tenant’s particular manner of use or occupancy of the (i) Premises or (ii) Common Area and the condition of the Premises, now in force, or which may hereafter be in force, including without limitation those relating to utility usage and load or number of permissible occupants or users of the Premises, whether or not the same are now contemplated by the parties; with the provisions of all recorded documents affecting the Premises or the Common Area insofar as the same relate to or affect Tenant’s particular manner of use or occupancy of the (i) Premises or (ii) Common Area or condition of the Premises; and with the requirements of any board of fire underwriters (or similar body now or hereafter constituted) relating to or affecting Tenant’s particular manner of use or occupancy of the (i) Premises or use (ii) Common Area or the condition of the Common AreaPremises. Tenant shallTenant’s obligations pursuant to this Paragraph 6.2 shall include, at its sole costwithout limitation, maintain maintaining or restore restoring the Premises as required by all applicable Laws and make making structural and/or and non-structural alterations and additions in compliance and conformity with all applicable Laws if such maintenanceand recorded documents (including, restoration and/or without limitation, alterations or additions is solely caused by to the Premises and Building that are required pursuant to the ADA), each relating to (i) Tenant’s particular manner of use use, or change of use, of the Premises during the Lease Term Term, (excluding office useii) or caused by alterations made to the Premises by Tenant during the Lease Term; provided, however, if any structural or non-structural alterations, additions or improvements are required made to be made the Premises or Common Area by Tenant hereunder in order to comply with applicable laws due to Tenant, (iii) Tenant’s particular manner of use application(s) for any governmental approval(s), license(s) or permit(s) (excluding therefrom alterations or improvements to the Premises, Building and/or Common Area required solely as a result of the Premises and the cost construction of the same will exceed Fifty Thousand Dollars ($50,000Initial Improvements), then or (iv) the negligence or willful misconduct of Tenant shall be permitted to terminate this Lease upon written notice to Landlordor any of its Agents. Any alterations or additions undertaken by Tenant pursuant to this Paragraph 5.2 6.2 shall be subject to the requirements of Paragraph 12.1 13.1 below. Anything in this Lease to At Landlord’s option, Landlord may make the contrary notwithstandingrequired alteration, addition or change, and Tenant shall not be required to construct, or pay for the reasonable cost thereof as Additional Rent. The cost of constructing, any structural alterations or capital improvements that to the Building, Project or Common Area, or any portion thereof, as may be hereafter required due to a change in Laws which are laws effective after the Commencement Date and unrelated to (i) Tenant’s particular manner of use, or change of use, of the Premises during the Lease Term, (ii) alterations, additions or improvements made to the Premises by Tenant, (iii) Tenant’s application(s) for any governmental approval(s), license(s) or permit(s), or (iv) the negligence or willful misconduct of Tenant or any of its Agents, shall be amortized over the useful life of the alteration or improvement, with interest on the unamortized balance at the then prevailing rate Landlord would pay if it borrowed funds to construct or install such alterations or improvements from an institutional lender, and Tenant’s percentage share (as defined in Paragraph 1.10 of the Summary of Lease Provisions) of such monthly amortized amount shall be payable by Tenant to Landlord on the first day of the month following the substantial completion of such structural alteration or capital improvement and shall continue to be payable each month thereafter during the Lease Term until the earlier of the expiration of this Lease or the expiration of the useful life of such alteration or improvement. Tenant shall obtain prior to taking possession of the Premises any permits, licenses or other authorizations required for the lawful operation of its business at the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action or proceeding against Tenant, regardless of whether Landlord is a party thereto or not, that Tenant has violated such Law or recorded document relating to Tenant’s specific manner of particular use or occupancy of the Premises or use of the Common Area shall be conclusive of the fact of such violation by Tenant’s alterations or improvements to the Premises.
Appears in 1 contract
Tenant to Comply with Legal Requirements. Tenant shall, at its sole cost, promptly comply with all applicable governmental and quasi-governmental laws, statutes, orders, regulations, rules, ordinances and other requirements now or hereafter in effect (“Laws”) Laws relating to or affecting Tenant’s particular manner of use or occupancy of the PremisesPremises or the Common Area, now in force, or which may hereafter be in force, including without limitation those relating to utility usage and load or number of permissible occupants or users of the Premises, whether or not the same are now contemplated by the parties; with the provisions of all recorded documents affecting the Premises or the Common Area insofar as the same relate to or affect Tenant’s particular use or occupancy of the Premises or use of the Common Area; and with the requirements of any board of fire underwriters (or similar body now or hereafter constituted) relating to or affecting Tenant’s particular manner of use or occupancy of the Premises or use of the Common Area. Tenant shallTenant’s obligations pursuant to this Paragraph 6.2 shall include, at its sole costwithout limitation, maintain maintaining or restore restoring the Premises as required by all applicable Laws and make the Common Area and making structural and/or and non-structural alterations and additions in compliance and conformity with all applicable Laws if such maintenanceand recorded documents (including, restoration and/or without limitation, alterations or additions is solely caused by to the Premises and/or Common Area that are required pursuant to the ADA), each relating to Tenant’s particular manner of use or occupancy of the Premises during the Lease Term (excluding office use) or caused by alterations made to the Premises by Tenant during the Lease Term; provided, however, if any structural or non-structural alterations, additions or improvements are required to be made by Tenant hereunder in order to comply with applicable laws due to Tenant’s particular manner of use of the Premises and the cost of the same will exceed Fifty Thousand Dollars ($50,000), then Tenant shall be permitted to terminate this Lease upon written notice to Landlord. Any alterations or additions undertaken by Tenant pursuant to this Paragraph 5.2 6.2 shall be subject to the requirements of Paragraph 12.1 13.1 below. Anything in this Lease At Landlord’s option, Landlord may make the required alteration, addition or change upon prior notification to Tenant, and Tenant shall pay the contrary cost thereof as Additional Rent. The foregoing notwithstanding, Tenant Landlord shall not be make any alteration or addition required to constructbring the Premises or the Common Area into compliance with legal requirements in effect at the time the Premises, any improvements installed therein by Landlord, or pay for the Common Area, respectively, were originally constructed. The cost of constructing, any structural alterations or capital improvements that as may be hereafter required due to a change in Laws which are laws and unrelated to Tenant’s specific manner of use of the Premises shall be the responsibility of Landlord. Tenant shall obtain prior to taking possession of the Premises any permits, licenses or other authorizations required for the lawful operation of its business at the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action or proceeding against Tenant, regardless of whether Landlord is a party thereto or not, that Tenant has violated such Law or recorded document relating to Tenant’s alterations particular use or improvements to occupancy of the PremisesPremises or use of the Common Area shall be conclusive of the fact of such violation by Tenant.
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Samples: Net Lease Agreement (Laserscope)
Tenant to Comply with Legal Requirements. Tenant shall, at ---------------------------------------- its sole cost, promptly comply with all applicable governmental and quasi-governmental laws, statutes, orders, regulations, rules, ordinances and other requirements now or hereafter in effect (“Laws”) Laws relating to or affecting Tenant’s 's particular manner of use or occupancy of the Premises, including without limitation those relating to utility usage and load or number of permissible occupants or users of the Premises, whether or not the same are now contemplated by the parties; with the provisions of all recorded documents affecting the Premises or the Common Area insofar as the same relate to or affect Tenant's particular use or occupancy of the Premises or use of the Common Area; and with the requirements of any board of fire underwriters (or similar body now or hereafter constituted) relating to or affecting Tenant’s particular manner of use the use, occupational safety, occupancy, or occupancy condition of the Premises or use of the Common Area. Tenant shallTenant's obligations pursuant to this paragraph shall include, at its sole costwithout limitation, maintain maintaining or restore restoring the Premises as required by all applicable Laws and make making structural and/or non-structural and nonstructural alterations and additions in compliance and conformity with all applicable Laws if such maintenancelaws and recorded documents (including, restoration and/or without limitation, alterations or additions is solely caused by to the Premises, Building or Common Area that are required pursuant to the ADA), each relating to Tenant’s 's particular manner of use or occupancy of the Premises during the Lease Term (excluding office use) or caused by alterations made to the Premises by Tenant. At Landlord's option, Landlord may make the required alteration, addition or change, and Tenant during shall pay the Lease Term; providedcost thereof as Additional Rent. The foregoing notwithstanding, howeverLandlord shall make any alteration or addition required to bring the Premises or the Common Area into compliance with legal requirements in effect at the time the Premises, if any improvements installed therein by Landlord (excluding the improvements identified on Exhibit "C-2"), or the Common Area, respectively, were originally constructed. With respect to any structural alterations or non-structural alterations, additions or improvements are as may be hereafter required to be made by Tenant hereunder in order to comply with applicable laws due to a change in laws and unrelated to Tenant’s particular manner of 's specific use of the Premises and or the Common Area or Tenant's alterations to the Premises, Tenant shall not be responsible for the cost thereof. Tenant shall obtain prior to taking possession of the same will exceed Fifty Thousand Dollars ($50,000)Promises any permits, then licenses or other authorizations required for the lawful operation of its business at the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action or proceeding against Tenant, regardless of whether Landlord is a party thereto or not, that Tenant has violated such Law or recorded document relating to Tenant's particular use or occupancy of the Premises shall be permitted to terminate this Lease upon written notice to Landlordconclusive of the fact of such violation by Tenant. Any alterations or additions undertaken by Tenant pursuant to this Paragraph 5.2 6.2 shall be subject to the requirements of Paragraph 12.1 below. Anything in this Lease to the contrary notwithstanding, Tenant shall not be required to construct, or pay for the cost of constructing, any structural alterations or capital improvements that may be required due to a change in Laws which are unrelated to Tenant’s specific manner of use of the Premises or Tenant’s alterations or improvements to the Premises.13.1
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Tenant to Comply with Legal Requirements. Tenant shall, at its sole cost, promptly comply with all applicable governmental and quasi-governmental laws, statutes, orders, regulations, rules, ordinances and other requirements now or hereafter Laws (as defined in effect (“Laws”Paragraph 6.1 above) relating to or affecting Tenant’s and/or Tenant Related Parties’ particular manner of use or occupancy of the PremisesPremises or use of the Common Area, now in force, or which may hereafter be in force, including without limitation those relating to utility usage and load or number of permissible occupants or users of the Premises, whether or not the same are now contemplated by the parties; with the provisions of all recorded documents affecting the Premises and/or the Common Area insofar as the same relate to or affect Tenant’s particular and unique use or occupancy of the Premises or use of the Common Area; and with the requirements of any board of fire underwriters (or similar body now or hereafter constituted) relating to or affecting Tenant’s or any of the Tenant Related Parties’ particular manner of and unique use or occupancy of the Premises or use of the Common Area. Tenant shallFor purposes of this Lease, at its sole cost, maintain or restore “Tenant’s particular and use of the Premises” shall mean Tenant’s use of the Premises as required by all applicable Laws for other than customary and make ordinary general office use. Tenant’s obligations pursuant to this Paragraph 6.2 shall include, without limitation, maintaining or restoring the Premises, and making structural and/or and non-structural alterations and additions in compliance and conformity with all applicable Laws if such maintenanceand recorded documents, restoration and/or alterations or additions is solely caused by each relating to (i) Tenant’s particular manner of use or occupancy of the Premises during the Lease Term Term, as the same may be extended, (excluding office useii) Tenant’s application for any permit or caused by alterations governmental approval or alterations, additions or improvements made to the Premises by Tenant during the Lease Term; providedor any Tenant Related Parties, however, if or (iii) any structural negligence or non-structural alterations, additions willful misconduct of Tenant or improvements are required to be made by any Tenant hereunder in order to comply with applicable laws due to Tenant’s particular manner of use of the Premises and the cost of the same will exceed Fifty Thousand Dollars ($50,000), then Tenant shall be permitted to terminate this Lease upon written notice to LandlordRelated Parties. Any alterations or additions undertaken by Tenant pursuant to this Paragraph 5.2 6.2 shall be subject to the requirements of Paragraph 12.1 13.1 below. Anything At Landlord’s option, Landlord may make the required alteration, addition or change, and Tenant shall pay Landlord’s actual and reasonable cost thereof as Additional Rent within thirty (30) days after receipt of Landlord’s invoice therefor accompanied by reasonable supporting documentation. With respect to any capital improvements (other than capital repairs or replacements of the Building Structure, which shall be the sole obligation of Landlord to perform and pay for without right of reimbursement from Tenant unless such capital repairs or replacements are required due to damage (other than ordinary wear and tear) caused by the acts, omissions, negligence or willful misconduct or misuse of the Premises or Building, or applicable portion thereof, by Tenant or any Tenant Related Parties, in this which event, subject to Paragraph 8.6 below, Tenant shall be obligated to pay or reimburse Landlord for 100% of the cost of such repair or replacement within thirty (30) days after receipt of Tenant’s invoice therefore accompanied by reasonable supporting documentation) as may be hereafter required with respect to the Building, Premises or Common Area due to a change in laws and unrelated to Tenant’s and/or any of the Tenant Related Parties’ particular and unique use of the Premises or the Common Area, Tenant’s application(s) for any permit or governmental approval for alterations, additions or improvements to the Premises by or on behalf of Tenant or any Tenant Related Parties, the cost thereof shall be amortized at the lesser of (i) the annual rate of interest charged on the loan obtained by Landlord to finance the applicable capital improvement(s) (or if Landlord does not obtain a loan to finance such capital improvement(s), then at two (2) percent above the prime rate or reference rate published in the Wall Street Journal (or if such rate is not published in the Wall Street Journal, then the prime rate or reference rate established by a national bank selected by Landlord)), or (ii) the maximum rate permitted by law, over the useful life of the capital improvement(s), as reasonably determined by Landlord in accordance with generally accepted real estate accounting principles, consistently applied, and Tenant shall pay its percentage share (as defined in Paragraph 1.12 above) of such monthly amortized cost on the first day of each month (prorated for any partial month) from the date of installation or repair through the earlier of the expiration of the useful life of the capital improvement and Lease Termination. For avoidance of doubt, notwithstanding anything to the contrary notwithstandingcontained in this Lease, Tenant shall not be required to construct, construct or pay the cost of complying with any covenants, conditions or restrictions, Laws or insurance underwriter’s requirements requiring construction of improvements to the Premises or to any other portion of the Building or Common Areas, unless such compliance is necessitated solely because of Tenant’s particular and unique use of the Premises, Tenant’s application for any permit or governmental approval to construct alterations, additions or improvements, any alterations, additions or improvements made to the Premises by Tenant or any Tenant Related Party or any negligence or willful misconduct of Tenant or any Tenant Related Parties. For purposes of Section 1938(a) of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, Landlord hereby states as follows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, Landlord and Tenant hereby agree that in the event Tenant elects to perform a CASp inspection of the Premises hereunder, such CASP inspection shall be conducted, at Tenant’s sole cost and expense, by a CASp designated by Landlord, subject to Landlord’s reasonable rules and requirements and Tenant shall be solely responsible for the cost of constructingany repairs, upgrades, alterations, improvements and/or modifications to the Premises or the Building necessary to correct any structural alterations such violations of construction-related accessibility standards identified by such CASp inspection as required by Law, which repairs, upgrades, alterations, improvements and/or modifications may at Landlord’s option, be performed by Landlord at Tenant’s expense, payable as Additional Rent within ten (10) days following Landlord’s demand. The terms of this Paragraph 6.2 with respect to CASp shall only apply in the event that Tenant exercises its right to perform a CASp inspection of the Premises. Otherwise, the terms of this Lease shall apply, without limitation, to the compliance, repairs and maintenance obligations of the parties. Tenant shall obtain prior to its or capital improvements any of its employees taking possession or occupancy of the Premises any and all permits, licenses and/or other authorizations required for the lawful operation of its business at the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action or proceeding against Tenant, regardless of whether Landlord is a party thereto or not, that may be required due to a change in Laws which are unrelated Tenant has violated such Law relating to Tenant’s specific manner of or any Tenant Related Parties’ particular use or occupancy of the Premises or use of the Common Area shall be conclusive of the fact of such violation by Tenant’s alterations or improvements to the Premises.
Appears in 1 contract
Tenant to Comply with Legal Requirements. Tenant shall, at its sole cost, promptly comply with all applicable governmental and quasi-governmental laws, statutes, orders, regulations, rules, ordinances and other requirements now or hereafter in effect (“Laws”) Laws relating to or affecting Tenant’s particular manner of use or occupancy of the PremisesPremises or use of the Common Area, now in force, or which may hereafter be in force, including without limitation those relating to utility usage and load or number of permissible occupants or users of the Premises, whether or not the same are now contemplated by the parties; with the provisions of all recorded documents affecting the Premises or the Common Area insofar as the same relate to or affect Tenant’s particular use or occupancy of the Premises or use of the Common Area; and with the requirements of any board of fire underwriters (or similar body now or hereafter constituted) relating to or affecting Tenant’s particular manner of use or occupancy of the Premises or use of the Common Area. Tenant shallTenant’s obligations pursuant to this Paragraph 6.2 shall include, at its sole costwithout limitation, maintain maintaining or restore restoring the Premises as required by all applicable Laws and make making structural and/or and non-structural alterations and additions in compliance and conformity with all applicable Laws if such maintenance(except to the extent Landlord’s responsibility pursuant to the provisions of the last paragraph of Paragraph 2.4 above) and recorded documents, restoration and/or alterations or additions is solely caused by in each case to the extent relating to Tenant’s particular manner of use or occupancy of the Premises during the Lease Term (excluding office use) Term, Tenant’s application for any permit or caused by alterations governmental approval or alterations, additions or improvements made to the Premises by Tenant during or the Lease Term; providednegligence or willful misconduct of Tenant or any of its agents, howeveremployees, if any structural contractors, invitees, licensees, sublessees or non-structural alterations, additions or improvements are required to be made by Tenant hereunder in order to comply with applicable laws due to Tenant’s particular manner of use of the Premises and the cost of the same will exceed Fifty Thousand Dollars ($50,000), then Tenant shall be permitted to terminate this Lease upon written notice to Landlordother representatives. Any alterations or additions undertaken by Tenant pursuant to this Paragraph 5.2 6.2 shall be subject to the requirements of Paragraph 12.1 13.1 below. Anything in this Lease to At Landlord’s option, Landlord may make the contrary notwithstandingrequired alteration, addition or change, and Tenant shall not be required to construct, or pay for the cost of constructing, thereof as Additional Rent. With respect to any structural alterations or capital improvements that additions as may be hereafter required with respect to the Building, Premises, or Common Area due to a change in Laws which are laws and unrelated to Tenant’s specific manner of use of the Premises or the Common Area, Tenant’s alterations application(s) for any permit or governmental approval, Tenant’s alterations, additions or improvements to the Premises or the negligence or willful misconduct of Tenant or any of its agents, employees, contractors, invitees, licensees, sublessees or other representatives, the cost thereof shall be amortized at the lesser of (i) the annual rate of interest charged on the loan obtained by Landlord to finance the applicable structural alteration(s), addition(s) or improvement(s) (or if Landlord does not obtain a loan to finance such structural alteration(s), addition(s) or improvement(s), then at two percent (2%) above the prime rate or reference rate published in the Wall Street Journal (or if such rate is not published in the Wall Street Journal, then the prime rate or reference rate established by a national bank selected by Landlord)), or (ii) the maximum rate permitted by law, over the useful life of the alteration or addition, and Tenant shall pay its percentage share (as defined in Paragraph 1.10 above) of such monthly amortized cost on the first day of each month (prorated for any partial month) from the date of installation or repair through Lease Termination. Tenant shall obtain prior to taking possession of the Premises any permits, licenses or other authorizations required for the lawful operation of its business at the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action or proceeding against Tenant, regardless of whether Landlord is a party thereto or not, that Tenant has violated such Law or recorded document relating to Tenant’s particular use or occupancy of the Premises or use of the Common Area shall be conclusive of the fact of such violation by Tenant. Without limiting the foregoing, Landlord agrees that it, at Landlord’s sole cost, shall be responsible for complying with any Laws that are violated as a result of the gross negligence or willful misconduct of Landlord or any of its agents, employees or contractors. Landlord also shall be responsible, at its sole cost, for compliance with Laws to the extent expressly provided in the last paragraph of Paragraph 2.4 above.
Appears in 1 contract
Samples: Net Lease Agreement (Proteinsimple)
