USE AND POSSESSION. The Premises shall be used for LIGHT MANUFACTURING, ASSEMBLY AND OFFICE PURPOSES, and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property, or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. In addition, Tenant shall, at its own cost and expense, comply with all federal, state and municipal laws, ordinances, rules and regulations issued by any governmental authority and all Title Matters. Without limiting the foregoing, Tenant shall not cause, nor permit, any hazardous or toxic substances to be brought upon, produced, stored, used, discharged or disposed of in, on or about the Premises without the prior written consent of Landlord and then only in compliance with all applicable environmental laws, EXCEPT AS PERMITTED IN SECTION 48 BELOW. No routine repair or servicing of any automobile or truck shall be allowed in the Premises, or in any parking or loading areas, roadways or other areas serving the Building. No vehicle abandoned or disabled or in a state of non-operation or disrepair shall be left upon the Property, and Tenant shall enforce this restriction against Tenant's, employees, agents, visitors, licensees, invitees, contractors and customers. Should Landlord determine that a violation of this restriction has occurred, Landlord shall have the right to cause the offending vehicle, equipment, trailer or machinery to be removed from Landlord's Property, and all costs of such removal shall be the obligation of the Tenant, and such costs shall be paid to Landlord by Tenant as additional rent within ten (10) days of written notice to Tenant. Following completion of the Building, Landlord agrees to have the Premises completed and ready for possession on or before the Commencement Date, barring strikes, insurrection, acts of God and other casualties or unforeseen events beyond the control of the Landlord. Such work shall be performed in accordance with the terms of the Work Letter attached hereto as Exhibit "C" and incorporated herein. If Landlord is unable to give possession of the Premises on the Commencement Date by reason of the holding over of any prior tenant or tenants, incomplete construction, or for any other reason, unless the same shall result from causes attributable to Tenant, there shall be an abatement or adjustment of the Rent to be paid hereunder for that peri...
USE AND POSSESSION. Lessee shall be entitled to non-exclusive possession of the leased area during the term of this Lease. Lessee shall have use of the leased area during the term of this Lease for the purposes of pasturing and grazing livestock. Lessee shall make no use of the property inconsistent with such purpose, and Lessee shall comply with all laws and regulations in carrying out said use. At the expiration of the term, the Lessee shall remove its effects and yield possession of the Leased Premises to Lessor in as good a condition as when the Lessee’s occupancy began, ordinary wear and tear excepted. The Lessee shall not commit any waste upon the Airport property, nor cause any public or private nuisance or other act that may disturb the quiet enjoyment of the Airport or of any other tenant, nor shall Lessee allow the leased area to be used for any improper, immoral, unlawful, or unsafe purpose, including, but not limited to, the storage or disposal of any hazardous materials.
USE AND POSSESSION. Throughout the continuance of this Lease so long as Lessee is not in default under this Lease, Lessee shall be entitled to possession of each car from the date the lease becomes effective as to such car; and shall use such car only in the manner for which it was designed and intended, and so as to subject it only to ordinary wear and tear, and on its own property or lines in the usual interchange of traffic; provided, however, that Lessee agrees that the cars shall at all times be used: (a) in conformity with all Interchange Rules; (b) in compliance with the terms and conditions of this Lease; (c) predominantly in the continental limits of the United States, provided however, in no event shall more than forty percent (40%) of the cars (as determined by mileage records and measured annually on a calendar year basis) be used outside of the contiguous United States at the same time. In the event any car is used outside of the continental United States, for any reason whatsoever, Lessee shall assume full responsibility for all costs, taxes, duties or other charges incidental to such use including costs incurred in returning car to the continental United States.
USE AND POSSESSION. Notwithstanding the terms of any provision contained in this Security Agreement or the Credit Agreement, except as provided in Section 3.01(e) of this Security Agreement, the Company shall have the exclusive right to use and possess the Aircraft, to collect, retain, use and enjoy all rents and accounts and to exercise its right, title and interest in contracts, leases, licenses, permits and governmental approvals subject at all times to (a) the right of the Agent to receive insurance proceeds pursuant to Section 2.04(c) hereof, (b) the applicable restrictions and limitations contained in Section 5.4 of the Credit Agreement and (c) such use, possession, retaining, enjoyment or exercise not otherwise constituting an Event of Default.
USE AND POSSESSION. Unless the Parties otherwise agree in writing, IPS may not dispose of the Building or Facilities, by declaring them as surplus pursuant to the Master Facilities Plan or otherwise, during the initial two years of the Initial Term of this Agreement. If IPS determines that the Building and/or Facilities should be declared surplus or disposed of after the initial two years of the Initial Term of this Agreement, IPS shall give written notice of such determination to Operator by no later than October 31. If IPS provides such notice, Operator shall have the right to continue to operate the School in the Building for the remainder of the School Year in which such notice is provided and through the end of the immediately subsequent School Year (“Continuation Period”). Operator shall have 10 business days after receiving such notice to inform IPS in writing as to whether it wishes to engage in negotiations to purchase the Building and/or Facilities to be declared as surplus or otherwise disposed of. If Operator elects to engage in such negotiations, then for a period of no fewer than 120 days after Operator has provided IPS with such written notice, Operator shall have the exclusive right to negotiate with IPS for the purchase of the Building and/or Facilities, and the Parties shall conduct any such negotiations in good faith. If no such agreement for the purchase by Operator of the Building and/or Facilities is reached, and the Parties do not otherwise agree on a new location for the School, then this Agreement shall terminate as of the end of the Continuation Period.
USE AND POSSESSION. It is understood and agreed that the demised space and premises shall be continually used and occupied by the Lessee during the term of this Lease only for the research, development, clinical manufacturing and packaging of pharmaceutical products and for no other purposes or uses whatsoever. Tenant will not make or permit any use of the space or premises which, directly or indirectly, is forbidden by public law, ordinance or government regulation or which may be dangerous to life, limb or property. In the event the Tenant uses the space or premises for any purposes not expressly permitted herein then the Lessor may terminate the lease or without notice to tenant, restrain such improper use by injunction or other legal action. As a material consideration hereto the Tenant covenants that Tenant will not without the written consent of the Lessor permit the premises to be occupied by any person, firm or corporation other than the Tenant whose name appears on this lease.
USE AND POSSESSION. Prior to Completion (FAR 52.236-11, Apr 1984)
USE AND POSSESSION. In accordance with the terms of the Development Agreement and the ESA, Tenant shall construct on, in and/or under the Project Site, and shall operate and maintain thereon, an energy facility (such facility, including the Improvements and the Additional Property, is referred to herein as the "Project") that will provide hot water, cold water and electricity (collectively, the "Services") for the Landlord's Property, as described more fully in the ESA. The Project shall include fiber optic cable and conduit and related equipment installed by Tenant for use in connection with providing and monitoring the Services. In accordance with the terms of the Development Agreement and the ESA, equipment and other improvements necessary to control and monitor the Project may also be located at the Project Site and on, in or under the Landlord's Property. Title to the Improvements and to all of the personal property owned by Tenant and used in connection with the construction, operation and maintenance of the Project is now and shall be and remain in Tenant from and after the date hereof, subject to Landlord's potential future interest in the Improvements, which shall become a possessory interest upon the expiration or earlier termination of the Term and subject to the other terms and conditions contained in this Lease.
USE AND POSSESSION. Throughout the continuance of this Agreement so long as Lessee is not in default under this Agreement or any related Rider(s), Lessee shall be entitled to possession of each car from the date the Lease term commences as to such car. Lessee shall use each car only in the manner for which it was designed and intended, and Lessee shall subject the cars only to normal wear and tear. In addition, Lessee agrees that the cars shall at all times be used: (a) in conformity with all Interchange Rules; (b) in compliance with the terms and conditions of this Agreement and any related Rider(s); (c) in compliance with the laws of each jurisdiction in which the same are operated and in which the same may be located, and (d) predominantly in the continental limits of the United States. In the event any car is used outside of the continental United States, for any reason whatsoever, Lessee shall assume full responsibility for all costs, taxes, duties or other charges incidental to such use including costs incurred in returning car to the continental United States. Each car is limited to the number of total loaded and empty miles per calendar year shown on the Rider and is subject to a surcharge also shown on the Rider for all excess miles. Lessee shall not exceed the weight limitations prescribed for operation of cars in unrestricted interchange service as set forth under Interchange Rule 70 without Lessor’s prior written consent.
USE AND POSSESSION. As long as there exists no event of default on either the Leases or the Guarantees (the "Event of Default"), the Debtors may have possession of the Collateral and use the same in any lawful manner not inconsistent with this Security Agreement, with any applicable law or regulation or with any policy of insurance on any of such Collateral.
