Common use of USE AND OPERATION. Section 9.01. Use Clause in Contracts

USE AND OPERATION. Section 9.01. Use. (a) Tenant shall use the Demised Premises for general offices and reasonable ancillary uses and for no other purpose (“Permitted Use”). Subject to this Article IX, Tenant shall comply with all applicable zoning regulations or requirements of any governmental entity having jurisdiction over the Property, as well as all the requirements set forth in Article XX. As part of the Base Building Work, Landlord shall obtain a certificate of occupancy for the Demised Premises permitting the Permitted Use (“Certificate of Occupancy”), and Landlord agrees not to amend or modify the Certificate of Occupancy so as to prohibit the Permitted Use during the Term. (b) Other than the Certificate of Occupancy, Tenant at its sole cost and expense, shall obtain and keep in effect during the Term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Demised Premises for the Permitted Use in accordance with applicable Law and all insurance requirements. The number of employees of Tenant within the Demised Premises, as a whole, shall at no time exceed 5 persons for each one thousand rentable square feet in the Demised Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) with respect to the Demised Premises; provided, however, Landlord is responsible for any violations of Law, including the Disabilities Act that (1) exist on or prior to the Commencement Date as part of Landlord’s Work and Base Building Representations, or (2) exist on or prior to the Substantial Completion of the Base Building Work; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas other than the Demised Premises, other than compliance that is necessitated by the use of the Demised Premises for other than the Permitted Use or as a result of any Alterations or additions made by Tenant (which risk and responsibility shall be borne by Tenant). In addition, the Demised Premises shall not be used for any purpose which, in Landlord’s reasonable judgment, creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; or which is associated with indecent or pornographic matters. Tenant shall not use or permit the storage of any explosives, fuel or other hazardous or inflammable materials within the Demised Premises other than such materials and in such quantities which are normal and customary in office space ​ of this type and in compliance with all applicable Laws and insurance requirements. Tenant shall conduct its business in the Demised Premises so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall not knowingly conduct or permit to be conducted in the Demised Premises any activity, or place any equipment in or about the Demised Premises or the Building, which will invalidate the insurance coverage in effect or materially increase the rate of fire insurance or other insurance on the Demised Premises or the Building; provided, however, Tenant’s Permitted Use in and of itself shall not be deemed to violate this sentence. If any invalidation of coverage or material increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Demised Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, and Landlord provides reasonable evidence substantiating the foregoing, such statement or threat shall be conclusive evidence that the material increase in such rate is due to such act of Tenant or the contents or equipment in or about the Demised Premises, and, as a result thereof, Tenant shall be liable for such increase and shall be considered Additional Rent payable with the next monthly installment of Base Rent due under this Lease; provided, however, Tenant’s Permitted Use shall not in and of itself be deemed to violate this sentence. In no event shall Tenant introduce or permit to be kept on the Demised Premises or brought into the Building any dangerous, noxious, radioactive or explosive substance, other than such materials and in such quantities which are normal and customary in office space of this type and in compliance with all applicable Laws and insurance requirements.