Use of Demised Premises. Tenant will use and occupy the Demised Premises solely for general office purposes and uses incident thereto in accordance with the certificate of occupancy and applicable zoning regulations, and for no other purpose. Tenant will not use or occupy the Demised Premises for any unlawful, disorderly, or extra hazardous purpose, and will not manufacture any commodity or prepare or dispense any food or beverage therein, except for Tenant's personal use in the Demised Premises. Tenant will comply with all present and future laws, regulations and governmental requirements of any governmental or public authority having jurisdiction over the Demised Premises applicable to Tenant's business. . Landlord represents and warrants to Tenant that the Building presently complies with all applicable federal, state and local laws, ordinances, regulations, rules and requirements of any governmental authority having jurisdiction, including the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS"). Tenant, at Tenant's sole expense, shall make, or cause to be made, all necessary installations, repairs, replacements and alterations to the Demised Premises that are required to comply with any and all Applicable Laws if: (i) the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made by Tenant (and not the condition of the Building or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required as a result of Tenant's specific use of the Demised Premises.
Appears in 2 contracts
Sources: Lease (Vastera Inc), Lease (Vastera Inc)
Use of Demised Premises. (a) Tenant will shall only use and occupy the Demised Premises solely for general office purposes the Permitted Uses, and uses incident thereto Tenant shall not use or permit or suffer the use of the Demised Premises or any part thereof for any other purposes.
(1) Landlord will deliver to Tenant copies of any environmental reports affecting the Demised Premises that are in accordance with Landlord's possession provided, however, Landlord makes no representation or warranty as to the accuracy or completeness of such reports.
(2) Landlord will deliver to Tenant any ISRA letters of non-applicability in Landlord's possession affecting the Demised Premises.
(3) Landlord will deliver a certificate of occupancy (which may be temporary)
4.02 If any governmental license or permit, other than a Certificate of Occupancy (which may be a temporary certificate) for the Building and applicable zoning regulationsLandlord's Work prior to any Tenant Work, shall be required for the proper and for no other purposelawful conduct of Tenant's business in the Demised Premises or any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit the same to Landlord upon request. Tenant will shall at all times comply with the terms and conditions of each such license or permit. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy the Demised Premises for any unlawful, disorderlyPremises, or extra hazardous purpose, and will not manufacture any commodity do or prepare or dispense any food or beverage therein, except for Tenant's personal use permit anything to be done in the Demised Premises. Tenant will comply with all present and future laws, regulations and governmental requirements in any manner which (a) violates the Certificate of any governmental or public authority having jurisdiction over Occupancy for the Demised Premises applicable or for the Building; (b) causes or is liable to Tenant's business. . Landlord represents and warrants cause injury to Tenant that the Building presently complies with all or any equipment, facilities or systems attached thereto; (c) constitutes a violation of the Legal Requirements or Insurance Requirements; (d) impairs the character, reputation or appearance of the Demised Premises and/or the Building; (e) impairs the maintenance, operation and repair of the Demised Premises and/or its equipment, facilities or systems or (f) would make the New Jersey Industrial Site Recovery Act ("ISRA") applicable federal, state and local laws, ordinances, regulations, rules and requirements of any governmental authority having jurisdiction, including the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS"). Tenant, at Tenant's sole expense, shall make, or cause to be made, all necessary installations, repairs, replacements and alterations to the Demised Premises that are required to comply with any and all Applicable Laws if: (i) or the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made by Tenant (and not the condition of the Building or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required as a result of Tenant's specific use of the Demised PremisesBuilding.
Appears in 2 contracts
Sources: Lease Agreement (Windsortech Inc), Lease Agreement (Windsortech Inc)
Use of Demised Premises. Tenant will use and occupy the The Demised Premises shall be used and occupied by Tenant solely for the purpose of general office purposes and uses incident thereto in accordance with the certificate of occupancy and applicable zoning regulationsuse, and for no other purposepurpose whatsoever. Tenant will not use or occupy shall permit Landlord to transmit heat, air conditioning and electric current through the Demised Premises at all times at Landlord's discretion. The premises shall not be used for any unlawful, disorderly, illegal purpose or extra hazardous purpose, and will not manufacture in violation of any commodity or prepare or dispense any food or beverage therein, except for Tenant's personal use in the Demised Premises. Tenant will comply with all present and future laws, regulations and governmental requirements valid regulation of any governmental body, or public authority having jurisdiction over in any manner to create any nuisance or trespass; (ii) annoy or embarrass Landlord or any other tenant of the Demised Premises applicable Property; (iii) violate any insurance; or (iv) alter the classification or increase the rate of insurance on the Property. If there now is or shall be installed in the Building a "sprinkler system" and such system or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of the Tenant, Tenant's agents, servants, employees, licensees or visitors, the Tenant shall forthwith restore the same to good working conditions at its own expense, and if the Board of Fire Underwriters of Fire Insurance Exchange or any bureau, department or official of the state or city government, require or recommend that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of the Tenant's business. . Landlord represents and warrants , or the location of partitions, trade fixtures, or other contents of the Premises, or for any other reason, or if any such changes, modifications, alterations, additional sprinkler heads or other equipment, become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as fixed by said Exchange, or by any fire insurance company, Tenant that shall at the Building presently complies with all applicable federal, state and local laws, ordinances, regulations, rules and requirements of any governmental authority having jurisdiction, including the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS"). Tenant, at Tenant's sole expense, shall makepromptly make and supply such changes, modifications, alterations, additional sprinkler head or cause to be made, all necessary installations, repairs, replacements and alterations to the Demised Premises that are required to comply with any and all Applicable Laws if: (i) the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made by Tenant (and not the condition of the Building or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required as a result of Tenant's specific use of the Demised Premisesother equipment.
Appears in 2 contracts
Sources: Sublease Agreement (Accord Networks LTD), Sublease Agreement (Accord Networks LTD)
Use of Demised Premises. Tenant will shall use and occupy the Demised Premises solely during the Lease Term only for general the purpose stated in Section 1, and attendant office purposes and uses incident thereto in accordance with the certificate of occupancy and applicable zoning regulations, use and for no other purposepurpose without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant will shall not use or occupy permit any person to use the Demised Premises or any part thereof for any unlawfuluse or purpose other than the use stated in Section I or in violation of any law, disorderlystatute, order, ordinance, code, rule or regulation of any federal, state or municipal body or other governmental agency or authority having jurisdiction thereof, including, without limitation, occupational safety and health requirements, community right to know requirements, requirements pertaining to the possession, generation, transportation, treatment and disposal of hazardous substances and hazardous wastes, or extra hazardous purposepollution standards or requirements ("Laws"), or any building and will not manufacture any commodity or prepare or dispense any food or beverage therein, except for Tenant's personal use in restrictions ("Restrictions") affecting the Demised Premises, if any. Tenant will shall comply with all such present and future laws, regulations Laws and governmental requirements of any governmental or public authority having jurisdiction over Restrictions affecting the Demised Premises applicable to Tenant's business. . Landlord represents and warrants to Tenant that the Building presently complies with all applicable federalcleanliness, state safety, occupation and local laws, ordinances, regulations, rules and requirements use of any governmental authority having jurisdiction, including the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS"). Tenantsame, at Tenant's sole cost and expense. Tenant shall, at Tenant's expense, shall makeobtain such approvals, permits or certificates, including, without limitation, a certificate of occupancy, or cause other occupancy permit that may be required in order for Tenant to be made, all necessary installations, repairs, replacements occupy and alterations to the Demised Premises that are required to comply with any and all Applicable Laws if: (i) the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made by Tenant (and not the condition of the Building or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required as a result of Tenant's specific use of the Demised Premises. Landlord and Tenant shall promptly notify each other of, and provide each other with copies of, all notices, requests, orders, complaints or other correspondence directed to Landlord or Tenant, as the case may be, from any federal, state or municipal body or governmental agency or authority pertaining to any actual or alleged violation of Laws or Restrictions.
Appears in 2 contracts
Sources: Real Property Put and Option Agreement (Ha Lo Industries Inc), Lease (Ha Lo Industries Inc)
Use of Demised Premises. Tenant will During the Lease Term, Tenant’s use and occupy of the Demised Premises solely shall be for a call center, general office purposes and uses incident thereto administrative use or any other lawful use consistent with Tenant’s business operations. Without limiting the provisions of this Section IV, or Sections 0, or I, Tenant shall not use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in accordance with or on the Demised Premises, in whole or in part, in a manner which would in any way violate any certificate of occupancy and applicable zoning regulationsaffecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or which may make it impossible to obtain fire or other insurance thereon required to be furnished by Tenant hereunder, or which may result in increases in insurance costs of Landlord, or as will cause or be apt to cause structural injury to the Improvements or any part thereof or adversely affect any Building systems or equipment, or as will constitute a public or private nuisance, and for no other purpose. Tenant will shall not use or occupy the Demised Premises for in a manner which may violate any unlawfulpresent or future laws, disorderlyregulations, ordinances or requirements of the Federal, State or municipal governments, or extra hazardous purposeof any departments, and will not manufacture subdivision, bureaus or offices thereof, or of any commodity other governmental, public or prepare quasi-public authorities now existing or dispense any food or beverage thereinhereafter created, except for Tenant's personal use having jurisdiction in the Demised Premises; provided, however, that Tenant may, in good faith (and wherever necessary in the name of, but without expense to, the Landlord) contest the validity of any such laws, regulations, ordinances or requirements and, pending the determination of such contest, may postpone compliance therewith, except that the Tenant shall not so postpone compliance therewith if such postponement will subject the Landlord to any fine or penalty or to prosecution for a crime. Tenant will comply with all present indemnify, defend and future lawssave harmless Landlord, regulations in Landlord’s individual as well as Landlord’s representative capacity, if any, against any recovery or loss to which Landlord may be subject or which Landlord may sustain, including reasonable attorney fees and governmental requirements expenses incurred by Landlord arising from any breach of this covenant or by reason of any governmental action or public authority having jurisdiction over proceedings which may be brought against Landlord or against the Demised Premises applicable to Tenant's business. . Landlord represents and warrants to Premises, or any part thereof, by virtue of any violation by Tenant that the Building presently complies with all applicable federal, state and local of such laws, ordinances, regulations, rules ordinances or requirements, and requirements except that Tenant shall not indemnify Landlord against the negligence or willful acts of any governmental authority having jurisdictionLandlord, including the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS"). Tenant, at Tenant's sole expense, shall make, or cause to be made, all necessary installations, repairs, replacements its agents and alterations to the Demised Premises that are required to comply with any and all Applicable Laws if: (i) the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made by Tenant (and not the condition of the Building or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required as a result of Tenant's specific use of the Demised Premisesemployees.
Appears in 1 contract
Use of Demised Premises. (a) Tenant will may use and occupy the Demised Premises solely for purposes of general office purposes office, fabrication and uses incident thereto assembly, engineering, research and development, testing and repair, water processing, storage of materials, and machine shop use subject to, and in accordance with the certificate all other provisions of occupancy this Lease and all applicable zoning and other governmental regulations, and for no other purpose. Tenant will shall not use abandon or occupy the Demised Premises for any unlawful, disorderly, or extra hazardous purpose, and will not manufacture any commodity or prepare or dispense any food or beverage therein, except for Tenant's personal use in substantially abandon the Demised Premises. Tenant will comply shall not obstruct, interfere, or conflict with, the rights of other tenants, or conflict with all present and future lawsthe fire laws or regulations, or with any insurance policy upon the Property or any part thereof, or with any statutes, rules or regulations and governmental requirements now existing or subsequently enacted or established by local, state or federal governments, not shall Tenant use or permit the Demised Premises, or any part thereof, to be used for any disorderly, unlawful or extra hazardous purposes, nor for any purpose other than hereinabove specified.
(b) The Tenant shall not manufacture, store, install, discharge, release, discard, incinerate, burn or otherwise use, introduce or dispose of any governmental of the following substances on the Property, in the Demised Premises, into or public authority having jurisdiction over through the sewer, drainage system, ground, or the air:
(i) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, and regulations promulgated thereunder;
(ii) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, and regulations promulgated thereunder;
(iii) any "hazardous waste" or "hazardous substance" as may be defined by any applicable local, county, state, commonwealth or other federal law, as amended from time to time, and regulations promulgated thereunder;
(iv) asbestos or asbestos containing material;
(v) polychlorinated biphenyls in concentrations greater than 50 parts per million;
(vi) any other material or substance, whether solid, gaseous or liquid, the presence of which is prohibited by any law similar to those set forth in this Subsection or otherwise addressing environmental or health matters.
(c) Notwithstanding subparagraph (b) above, nothing herein shall preclude Tenant from conducting operations and using and disposing of substances and materials in the normal course of its business in accordance with both federal law and the hazardous waste permits issued and maintained with the City of Alexandria, shown on Exhibit B, annexed hereto and incorporated herein, provided that such substances and materials have been expressly approved by the Landlord, which approval shall be granted in its sole and absolute discretion. All substances used in or upon the Demised Premises applicable to Tenant's business. . Landlord represents shall be delivered, used, removed, and warrants to Tenant that the Building presently complies disposed of in accordance with all applicable federal, state and local laws, ordinances, regulations, rules . The Tenant shall indemnify the Landlord and requirements of any governmental authority having jurisdiction, including the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS"). Tenant, at Tenant's sole expense, shall make, or cause to be made, all necessary installations, repairs, replacements and alterations to lender secured by the Demised Premises that are required to comply with for any and all Applicable Laws if: (i) the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made by Tenant (and not the condition of the Building damages, cost or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required expense, including attorney fees, incurred as a result of the breach of the Tenant's specific use of the Demised Premisescovenant in this Paragraph 7.
Appears in 1 contract
Sources: Lease Agreement (CVC Inc)
Use of Demised Premises. Tenant will use and occupy the Demised Premises solely for general genera office purposes and uses incident thereto in accordance with the certificate of occupancy and applicable zoning regulations, and for no other purpose. Tenant will not use or occupy the Demised Premises for any unlawful, disorderly, or -or extra hazardous purpose, and will not manufacture any commodity or prepare or dispense any food or beverage therein, except for Tenant's personal use in the Demised Premises. Premises Tenant will comply with all present and future laws, regulations and governmental requirements of any governmental or public authority having jurisdiction over aver the Demised Premises applicable to Tenant's business. . Landlord represents and warrants to Tenant that the Building presently complies with all applicable federal, state and local laws, ordinances, regulations, rules and requirements of any governmental authority having jurisdiction, including the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS"). Tenant, at Tenant's sole expense, shall make, or cause to be made, all necessary installations, repairs, replacements and alterations to the Demised Premises that are required to comply with any and all Applicable Laws if: (i) the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made by Tenant (and not the condition of the Building or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required as a result of Tenant's specific use of the Demised Premises.
Appears in 1 contract
Sources: Lease (Vastera Inc)
Use of Demised Premises. Tenant will use and occupy the Demised Premises solely for general office purposes and uses incident thereto in accordance with the certificate of occupancy and applicable zoning regulations, Permitted Use only and for no other purposepurpose without the prior written consent of Landlord. Tenant, at its sole expense, shall comply with all of the requirements of all municipal, state and federal authorities now or hereafter in force pertaining to the use, occupation or alteration of Demised Premises. Tenant shall not commit waste or any nuisance. Tenant will not use do any act or occupy thing in the Demised Premises for or permit the storage of any unlawful, disorderly, or extra hazardous purpose, and will not manufacture product therein which shall cause a cancellation of any commodity or prepare or dispense any food or beverage therein, except for Tenant's personal use in of Landlord’s insurance on the Demised Premises. Tenant will comply with all present and future laws, regulations and governmental requirements of If any governmental or public authority having jurisdiction over the Demised Premises applicable to Tenant's business. . Landlord represents and warrants to Tenant that the Building presently complies with all applicable federal, state and local laws, ordinances, regulations, rules and requirements of any governmental authority having jurisdiction, including the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS"). Tenant, at Tenant's sole expense, shall make, or cause to be made, all necessary installations, repairs, replacements and alterations to the Demised Premises that are required to comply with any and all Applicable Laws if: (i) the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made by Tenant (and not the condition of the Building or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required as a result of Tenant's specific use of the Demised Premises by Tenant or act therein causes Landlords insurance rates to be increased over the rates in effect for the Permitted Use generally, Tenant will, on demand, pay to Landlord the amount of any such increase. Tenant further covenants that it will not (i) display any merchandise or maintain any stands in front of the Demised Premises or of the line of buildings in the center, (ii) erect or maintain any barricade or scaffolding which may obscure the signs, entrance or show window of any other tenant in the center, or tend to interfere with any such other tenant’s business, (iii) create or maintain, or allow others (including customers of Tenant) to create or maintain, any nuisances, including, without limiting the foregoing general language, loud noises, sound effects, offensive odors, and smoke, garage, trash, litter or dust in or about the Demised Premises or the common areas adjacent to the Demised Premises, or (iv) install any equipment which will exceed or overload the capacity or any utility facilities located in or serving the Demised Premises.
Appears in 1 contract
Use of Demised Premises. Tenant will use and occupy the 8.1 The Demised Premises solely for general shall be used and occupied only as a warehouse/ and office purposes and uses incident thereto in accordance facility (with the certificate of occupancy and applicable zoning regulations, incidental related uses) and for no other purposeuse or purpose without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Tenant will shall not use or occupy permit the use of the Demised Premises or any part thereof in any way which would violate any certificate of occupancy for the Demised Premises, or any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful, disorderlyunlawful purposes, or extra hazardous purposein any unlawful manner and Tenant shall not suffer or permit the Demised Premises or any part thereof to be used in any manner, and will not manufacture any commodity or prepare or dispense any food or beverage anything to be done therein, except or suffer or permit anything to be brought into or kept in the Demised Premises which, in the reasonable judgment of Landlord, shall in any way impair or interfere with the proper and economic heating, cleaning, air conditioning or other servicing of the Landlord’s Premises, or impair or interfere with the use of any of the other areas of the Landlord’s Premises; provided that, in no event shall the foregoing prevent tenant from using the Demised Premises as a warehouse/ and office facility.
8.2 If any governmental license or permit, including, without limitation, a certificate of occupancy shall be required for the proper and lawful conduct of Tenant's personal use ’s business or other activity carried on in the Demised Premises. Tenant will comply with all present , and future lawsif the failure to secure such license or permit would, regulations in any way, affect Landlord, Tenant, at Tenant’s expense, shall duly procure and governmental requirements of any governmental thereafter maintain such license or public authority having jurisdiction over permit and submit the Demised Premises applicable same to Tenant's business. . Landlord represents and warrants to Tenant that the Building presently complies with all applicable federal, state and local laws, ordinances, regulations, rules and requirements of any governmental authority having jurisdiction, including the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS")inspection by Landlord. Tenant, at Tenant's sole ’s expense, shall, at all times, comply with the terms and conditions of each such license or permit. Landlord shall makeobtain and deliver to Tenant an Occupancy Certification and Certificate of Occupancy respectively from the New Jersey Meadowlands Commission and the Borough of Carlstadt at the Commencement Date and thereafter, if a further Certificate of Occupancy or Occupancy Certification is required due to alterations or work at the Demised Premises by Tenant (other than the Allowance Work for which Landlord shall obtain all required Licneses, permits and certificates), the Landlord will provide reasonable assistance to the Tenant in obtaining such a Certificate of Occupancy or Occupancy Certification with Tenant to pay the governmental fee.
8.3 Tenant shall not do, nor permit to be done, anything in connection with its occupancy of the Demised Premises which will cause a cancellation or non-renewal of any insurance policy covering said Landlord’s Premises, or cause to be made, all necessary installations, repairs, replacements and alterations otherwise render Landlord’s Premises uninsurable.
8.4 Tenant shall not permit injury to the Demised Premises that are required to comply with any and all Applicable Laws if: (i) the failure to so comply relates or to the initial leasehold improvements to Landlord’s Premises outside the Demised Premises being made by Tenant any action such as (and not the condition of the Building or Demised Premises prior to any construction by Tenant1) Concentrating loads on floors, roofs or any Alterations other area beyond their capacity, (2) Depositing, or permitting the deposit of any item or substance into storm or sanitary sewer lines which might obstruct or damage same, (3) Discharging excessive quantities of water or any quality of effluent which might overtax or damage the sewer system or plant serving the Landlord’s Premises, (4) Making or permitting any installation or hole in any roof, exterior walls, floor, or outside area, without prior written permission from Landlord, (5) Producing any vibration liable to damage or weaken the structure of the Demised Premises made by or of the Landlord’s Premises or to undermine the ground supporting same.
8.5 Tenant shall not use or allow the Demised Premises to be used for any, unlawful purpose; nor shall Tenant cause, maintain or permit any nuisance in, on Tenant's behalfor about the Demised Premises; nor shall Tenant take actions which shall impair or (ii) such compliance is required as a result cause revocation of Tenant's specific any tax credits or abatements now or hereafter in effect for the Landlord’s Premises.
8.6 Tenant shall not commit or allow to be committed any physical waste in or upon the Demised Premises.
8.7 Tenant shall not use the Demised Premises or permit anything to be done in or about the Demised Premises, which will in any way conflict with any applicable law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, promptly comply with all applicable laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar bodies now or hereafter constituted relating to or effecting the condition, use or occupancy of the Demised Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as between the Landlord and Tenant.
8.8 Tenant warrants and guarantees that its North American Industry Classification Number (NAICS) is 493110, that the Tenant shall not use or permit the Demised Premises to be used as an Industrial Establishment as defined by the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq. or any rules and regulations promulgated thereunder (collectively, “ISRA”), and that no explosive or highly flammable materials shall be stored, used, generated or disposed of at the Demised Premises.
8.9 Tenant warrants and guarantees that it is not now, and shall not be at any time throughout the Term, an entity with which a citizen of the United States is prohibited from transacting business by the Office of Foreign Assets Control, Department of the Treasury (“OFAC”), including, without limitation, the executive orders and/or lists published by OFAC. Tenant is and throughout the Term shall remain in compliance with all applicable provisions of the USA Patriot Act of 2001, Pub. L. No. 107-56, the Bank Secrecy Act of 1970, as amended, 31 U.S.C. Section 5311 et seq., the Trading with the Enemy Act, 50 U.S.C. App. Section 1 et seq., the International Emergency Economic Powers Act, 50 U.S.C. Section 1701 et seq., and the sanction regulations promulgated pursuant thereto by OFAC, or laws relating to prevention and detection of money laundering, 18 U.S.C. Sections 1956 and 1957.
8.10 Tenant shall not use, nor have access to the roof of the Demised Premises without Landlord’s prior consent in each instance, which consent may be withheld by Landlord in its sole and absolute discretion.
8.11 Landlord represents and warrants that (a) the use and occupancy of the Demised Premises for the uses permitted hereunder does not conflict with any law, statute, ordinance or governmental rule or regulation now in force or any easements, covenants, restrictions, agreements or encumbrances affecting title to the Demised Premises, (b) a permanent certificate of occupancy for the Demised Premises as they will exist on the Commencement Date is, or prior to the Commencement Date will be, in force and will not be violated by the use and occupancy of the Demised Premises for the uses permitted hereunder, (c) all other licenses and permits required for Tenant’s use and occupancy of the Demised Premises (other than any license or permit required for the conduct of Tenant’s particular business) is, or prior to the Commencement Date will be, in force and will not be violated by the use and occupancy of the Demised Premises for the uses permitted hereunder, and (d) on the Commencement Date, the heating, ventilating, air condition, plumbing, electrical, mechanical and other systems serving the Demised Premises will be in good working order, repair and condition, and the roof will be free of leaks.
Appears in 1 contract
Use of Demised Premises. (a) Tenant will may use and occupy the Demised Premises solely for purposes of general office purposes office, fabrication and uses incident thereto assembly, engineering, research and development, testing and repair, water processing, storage of materials, and machine shop use subject to, and in accordance with the certificate all other provisions of occupancy this Lease and all applicable zoning and other governmental regulations, and for no other purpose. Tenant will shall not use abandon or occupy the Demised Premises for any unlawful, disorderly, or extra hazardous purpose, and will not manufacture any commodity or prepare or dispense any food or beverage therein, except for Tenant's personal use in substantially abandon the Demised Premises. Tenant will comply shall not obstruct, interfere, or conflict with, the rights of other tenants, or conflict with all present and future lawsthe fire laws or regulations, or with any insurance policy upon the Property or any part thereof, or with any statutes, rules or regulations and governmental requirements now existing or subsequently enacted or established by local, state or federal governments, nor shall Tenant use or permit the Demised Premises, or any part thereof, to be used for any disorderly, unlawful or extra hazardous purposes, nor for any purpose other than hereinabove specified.
(b) The Tenant shall not manufacture, store, install, discharge, release, discard, incinerate, burn or otherwise use, introduce or dispose of any governmental of the following substances on the Property, in the Demised Premises, into or public authority having jurisdiction over through the sewer, drainage system, ground, or the air:
(i) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, and regulations promulgated thereunder;
(ii) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, and regulations promulgated thereunder;
(iii) any "hazardous waste" or "hazardous substance" as may be defined by any applicable local, county, state, commonwealth or other federal law, as amended from time to time, and regulations promulgated thereunder;
(iv) asbestos or asbestos containing material;
(v) polychlorinated biphenyls in concentrations greater than 50 parts per million;
(vi) any other material or substance, whether solid, gaseous or liquid, the presence of which is prohibited by any law similar to those set forth in this Subsection or otherwise addressing environmental or health matters.
(c) Notwithstanding subparagraph (b) above, nothing herein shall preclude Tenant from conducting operations and using and disposing of substances and materials in the normal course of its business in accordance with both federal law and the hazardous waste permits issued and maintained with the City of Alexandria, shown on Exhibit B, annexed hereto and incorporated herein, provided that such substances and materials have been expressly approved by the Landlord, which approval shall be granted in its sole and absolute discretion. All substances used in or upon the Demised Premises applicable to Tenant's business. . Landlord represents shall be delivered, used, removed, and warrants to Tenant that the Building presently complies disposed of in accordance with all applicable federal, state and local laws, ordinances, regulations, rules . The Tenant shall indemnify the Landlord and requirements of any governmental authority having jurisdiction, including the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS"). Tenant, at Tenant's sole expense, shall make, or cause to be made, all necessary installations, repairs, replacements and alterations to lender secured by the Demised Premises that are required to comply with for any and all Applicable Laws if: (i) the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made by Tenant (and not the condition of the Building damages, cost or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required expense, including attorney fees, incurred as a result of the breach of the Tenant's specific use of the Demised Premisescovenant in this Paragraph 7.
Appears in 1 contract
Sources: Lease Agreement (CVC Inc)
Use of Demised Premises. Tenant will (a) Lessee shall use and occupy (i) the Demised Premises solely for Office Space only as general office purposes and uses incident thereto in accordance with the certificate of occupancy and applicable zoning regulations, business offices and for no other purpose. Tenant will purposes, and (ii) the Storage Space only as storage for supplies and materials customarily used by office building tenants and for no other purposes; (b) Lessee shall not use exhibit, sell or occupy offer for sale on the Demised Premises for any unlawful, disorderly, or extra hazardous purpose, and will not manufacture any commodity or prepare or dispense any food or beverage therein, except for Tenant's personal use in the Demised Premises. Tenant will comply Building any article or thing except those articles and things essentially connected with all present and future laws, regulations and governmental requirements of any governmental or public authority having jurisdiction over the Demised Premises applicable to Tenant's business. . Landlord represents and warrants to Tenant that the Building presently complies with all applicable federal, state and local laws, ordinances, regulations, rules and requirements of any governmental authority having jurisdiction, including the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS"). Tenant, at Tenant's sole expense, shall make, or cause to be made, all necessary installations, repairs, replacements and alterations to the Demised Premises that are required to comply with any and all Applicable Laws if: (i) the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made by Tenant (and not the condition of the Building or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required as a result of Tenant's specific stated use of the Demised Premises., without the advance written consent of Lessor; (c) Lessee will not make or permit to be made any use of the Demised Premises which, directly or indirectly, is forbidden by public law, ordinance or governmental regulation or which may be dangerous to life, limb or property, or which may invalidate or increase the premium cost of any standard risk policy of insurance carried on the Building or covering its operations; (d) Lessee shall not do, or permit to be done, any act or thing upon the Demised Premises which will be in conflict with standard risk fire insurance policies covering the Building; (e) Lessee, at its sole expense, shall comply with all rules, regulations and requirements of the Illinois Inspection and Rating Bureau, or any other similar body performing the same functions thereof, and shall not do, or permit anything to be done upon the Demised Premises, or bring or keep anything thereon in violation of rules, regulations or requirements of the Fire Department, Illinois Inspection and Rating Bureau, Fire Insurance Rating Organization or other authority having jurisdiction, and then only in such quantity and manner of storage as not to increase the rate of standard risk fire insurance applicable to the Building; (f) Lessee consents to any fire door, which door shall have an alarm signaling entry, in the wall of the Demised Premises required by the Building Department of the City of Chicago, or by any other authority having jurisdiction, provided, however, that Lessee shall have the right to contest the requirement of such door or any other requirement under this Section 15, upon fully indemnifying Lessor against and from all claims, demands, losses, causes of action, including attorney fees, which Lessor may be required to pay as a result of the failure to install such door; (g) Lessee shall not display, inscribe, print, paint, maintain or affix on any place in or about the Building any sign, notice, legend, direction, figure or advertisement, except on the doors, or adjoining the door, of the Demised Premises, and then only such name and names and matter, and in such color, size, style, place, material and general appearance, as shall first have been reasonably approved by Lessor in writing; (h) Lessee shall not obstruct, or use for storage, or for any purpose other than ingress and egress, the sidewalks, entrances, passages, courts, corridors, vestibules, halls, elevators or stairway of the Building; (i) no bicycle or other vehicle and no dog (other than a seeing eye dog) or other animal or bird shall be brought or permitted to be in the Building or any part thereof; (j) Lessee shall not create or maintain a nuisance on the Demised Premises and shall not solicit or canvass any occupant of the Building, and shall not do any act tending to injure the reputation of the Building; (k) Lessee shall not install any piano, phonograph, or other musical instrument, or radio or television set outside the Demised Premises, or any antennae, aerial wires or other equipment outside the Demised Premises, without, in each and every instance, prior approval in writing by Lessor. The use thereof, if permitted, shall be subject to control by Lessor to the end that other tenants of the Building shall not be disturbed or annoyed; (l) Lessee shall not place or permit to be placed any article of any kind on any interior window ledges or on the exterior walls, and shall not throw or permit to be thrown or dropped any article from any window of the Building; (m) Lessee shall not undertake to regulate any thermostat, other than those serving induction units, and shall not waste water by tying, wedging or otherwise fastening open any faucet; (n) no additional locks or similar devices shall be attached to any door or window; no keys for any door other than those provided by Lessor shall be made; if more than two keys for one lock are desired by Lessee, Lessor my provide the same upon reasonable payment by Lessee; upon termination of this Lease or of Lessee's possession, Lessee shall surrender all keys of the Demised Premises and shall make known to Lessor the explanation of all combination locks on safes, cabinets and vaults; (o) Lessee shall be responsible for the locking of doors and the closing of transoms and windows in and to the Demised Premises; any damage resulting from neglect of this clause shall
Appears in 1 contract
Use of Demised Premises. Supplementing the provisions of Article 2 of this lease:
(a) Tenant will shall not at any time use and or occupy the Demised Premises solely for general office purposes and uses incident thereto demised premises or the Building, or suffer or permit anyone to use or occupy the demised premises, or do anything in accordance with the demised premises or the Building, or suffer or permit anything to be done in, brought into or kept on the demised premises, which in any manner in the reasonable discretion of Owner (i) violates the certificate of occupancy and applicable zoning regulationsfor the demised premises, and for no other purpose. Tenant will not use or occupy the Demised Premises for any unlawful, disorderlyif any, or extra hazardous purpose, and will not manufacture any commodity for the Building; (ii) causes or prepare is liable to cause injury to the demised premises or dispense any food or beverage therein, except for Tenant's personal use in the Demised Premises. Tenant will comply with all present and future laws, regulations and governmental requirements of any governmental or public authority having jurisdiction over the Demised Premises applicable to Tenant's business. . Landlord represents and warrants to Tenant that the Building presently complies with all applicable federalor any equipment, state and local laws, ordinances, regulations, rules facilities or systems therein; (iii) constitutes a violation of the laws and requirements of any governmental authority having jurisdictionpublic authorities or the requirements of insurance bodies (however Owner represents that as of the date hereof (i) Owner has not received written notice of any violation of the laws and requirements of any public authorities or the requirements of insurance bodies and (ii) the demised premises may lawfully be used and occupied for the purposes set forth in Article 2); (iv) impairs or tends to impair the character, including reputation or appearance of the Americans With Disabilities Act Building as now exists; (v) impairs or tends to impair the proper and economic maintenance, operation and repair of 1990the Building and/or its equipment, as amended facilities or systems; (collectedlyvi) materially annoys or inconveniences or tends to annoy or inconvenience other tenants or occupants of the Building; (vii) constitutes a nuisance, "APPLICABLE LAWS"). Tenant, at Tenant's sole expense, shall makepublic or private; (viii) makes unobtainable from reputable insurance companies authorized to do business in New York State any fire insurance with extended coverage, or cause liability, elevator, boiler or other insurance at standard rates required to be madefurnished by Owner under the terms of any mortgages covering the demised premises or causes any increase in premiums on policies carried by Owner; or (ix) discharges objectionable fumes, all necessary installationsvapors or odors into the Building's flues or vents or otherwise in such manner as may unreasonably offend other tenants or occupants of the Building.
(b) Tenant shall not use, repairsor suffer or permit anyone to use, replacements and alterations to the Demised Premises that are required to comply with demised premises or any and all Applicable Laws if: part thereof, for (i) the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made by business of photographic reproductions and/or offset printing (except that Tenant (and not the condition may use part of the Building demised premises for photographic reproductions and/or offset printing in connection with, either directly or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or indirectly, its own business and/or activities), (ii) such compliance is required as an agency, department or bureau of the United States Government, any state or municipality within the United States or any foreign government, or any political subdivision of any of them, (iii) an employment agency or travel agency, (iv) a result banking, trust company, or safe deposit business, (v) a savings bank, a savings and loan association, or a loan company, (vi) the sale of travelers' checks and/or foreign exchange, (vii) a stock brokerage office or for stock brokerage purposes, (viii) a restaurant and/or bar and/or the sale of confectionery and/or soda and/or beverages and/or sandwiches and/or ice cream and/or baked goods (except for a cafeteria for the use of Tenant's specific employees and invited guests), (ix) a school or classroom, (x) medical or psychiatric offices, (xi) conduct of an auction, (xii) gambling activities or (1) the conduct of obscene, pornographic or similar disreputable activities, (xii) any charitable, religious, union or other not-for-profit organization, or (xiv) any tax exempt entity within the meaning of Section 168(h)(2)(A) of the Internal Revenue Code of 1986, or any successor or substitute statute, or rule or regulation applicable thereto, as same may be amended.
(c) If any governmental license or permit (other than a certificate of occupancy for the entire Building and/or the demised premises or equipment use permits for the HVAC Equipment (as hereinafter defined)), shall be required for the proper and lawful conduct of Tenant's particular business in the demised premises or any part thereof (as opposed to Tenant's use of the Demised Premisesdemised premises for general offices), Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and submit the same to Owner for inspection. Tenant shall at all times comply with the terms and conditions of each such license or permit.
Appears in 1 contract
Sources: Sublease (Media Metrix Inc)
Use of Demised Premises. Tenant will use and occupy the Demised Premises solely for general office purposes and uses incident thereto in accordance with the certificate of occupancy and applicable zoning regulations, and for no other purpose. Tenant will not use or occupy the Demised Premises for any unlawful, disorderly, or -or extra hazardous purpose, and will not manufacture any commodity or prepare or dispense any food or beverage therein, except for Tenant's personal use in the Demised Premises. Premises Tenant will comply with all present and future laws, regulations and governmental requirements of any governmental or public authority having jurisdiction over aver the Demised Premises applicable to Tenant's business. . Landlord represents and warrants to Tenant that the Building presently complies with all applicable federal, state and local laws, ordinances, regulations, rules and requirements of any governmental authority having jurisdiction, including the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS"). Tenant, at Tenant's sole expense, shall make, or cause to be made, all necessary installations, repairs, replacements and alterations to the Demised Premises that are required to comply with any and all Applicable Laws if: (i) the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made by Tenant (and not the condition of the Building or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required as a result of Tenant's specific use of the Demised Premises.
Appears in 1 contract
Sources: Lease (Vastera Inc)
Use of Demised Premises. MAINTENANCE OF LIQUOR LICENSES.
(a) Tenant will shall use and occupy the Demised Premises solely only for general office purposes the Permitted Use. Any other use shall be subject to the prior written consent of Landlord, which may be withheld in Landlord’s reasonable discretion.
(b) Tenant shall not cause or permit any Hazardous Material (as herein after defined) to be brought upon, transported through, stored, kept, used, discharged or disposed in or about the Property by Tenant, its agents, employees or contractors, except that any such Hazardous Material brought upon, transported, used, kept or stored in or about the Property which is necessary for Tenant to operate its business for the Permitted Use will be brought upon transported, used, kept and uses incident thereto sorted in accordance only such quantities as are necessary for the usual and customary operation of Tenant’s business and in a manner that complies with the certificate of occupancy and applicable zoning (i) all laws, rules, regulations, and for no ordinances, codes or any other purpose. Tenant will not use governmental restrictions or occupy the Demised Premises for any unlawful, disorderly, or extra hazardous purpose, and will not manufacture any commodity or prepare or dispense any food or beverage therein, except for Tenant's personal use in the Demised Premises. Tenant will comply with all present and future laws, regulations and governmental requirements of any governmental or public authority having jurisdiction over the Demised Premises applicable to Tenant's business. . Landlord represents and warrants to Tenant that the Building presently complies with all applicable federal, state and local government authorities having jurisdiction thereof regulating such Hazardous Material, (ii) any permits issued for any such Hazardous Material (copies of which must be delivered to Landlord before any Hazardous Material is brought in, on or about the Property), and (iii) all products and manufacturers’ instructions and recommendations, to the extent they are stricter than laws, rules, regulations, ordinances, regulations, rules and requirements of any governmental authority having jurisdiction, including the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS")codes or permits. If Tenant, at Tenant's sole expenseits agents, shall makeemployees or contractors, in any way breach the obligations stated in this subparagraph 8(b), or cause if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in release or threatened release of such Hazardous Material, on from or under the Property in violation of law, or if the presence on, from or under the Property of Hazardous Materials otherwise arises out of the operation of Tenant’s business in violation of law, Tenant shall indemnify, defend, and hold harmless Landlord (and Landlord’s directors, shareholders, officers, employees, partners, agents, mortgagees or successors to be made, all necessary installations, repairs, replacements and alterations to Landlord’s interest in the Demised Premises that are required to comply with Premises) (collectively, herein “Indemnity”) from any and all Applicable Laws if: claims, sums paid in settlement of claims, judgments, damages, clean-up costs, penalties, fines, fees or expenses (iincluding without limitation attorney, consultant and expert fees and any fees incurred by Landlord to enforce the Indemnity) which arise during or after the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made by Tenant (and not the condition of the Building or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required Term as a result of Tenant's specific use ’s breach of such obligations or such contamination of the Property violation of law as provided in this subparagraph 8(b). The Indemnity includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on, under or originating from the Property if it is determined that Tenant caused or permitted such Hazardous Material to be present in the soil or groundwater in violation of law. Without limiting the foregoing, if the presence of any Hazardous Material on the Property caused or permitted by Tenant results in any contamination, release or threatened release of Hazardous Material on, from or under the Property or other properties in violation of law, Tenant shall promptly take all actions at its sole cost and expense which are necessary to return the Property and any other affected property to the condition existing prior to the introduction of such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained (which approval shall not be unreasonably withheld) and so long as such actions do not have or would not potentially have any material adverse effect on Landlord, on the Property or on other property. The Indemnity contained in this subparagraph 8 (b) shall survive the expiration or earlier termination of this Lease and shall survive any transfer of Landlord’s interest in the Property.
(c) In conjunction with the operation of the Premises for its Permitted Use, Tenant has obtained a hotel and restaurant class liquor license and adult cabaret liquor license from the State of Colorado and the City and County of Denver (“Liquor Licenses”). Tenant shall be solely responsible for and Tenant shall pay any and all fees, assessments, charges, levies or other monetary obligations imposed in connection with the Liquor Licenses as required by applicable law. In the event Tenant receives any notice of violation, citation, written or oral warning, or any complaint, objection, or challenge to the Liquor Licenses, Tenant shall notify Landlord in writing of such information within three (3) days of receipt of such written or oral notice and, if such notice was written, Tenant shall include in said notice a copy of any notice, citation, correspondence or other written information provided to Tenant. Tenant shall utilize its best efforts to maintain the Liquor Licenses in good standing and in full compliance with the rules, regulations, ordinances and statutes of the City and County of Denver and the State of Colorado.
(d) The Demised PremisesPremises will be operated under the name “Diamond Cabaret”. In the event of a default whereby Tenant’s rights in this Lease are terminated, Tenant shall forever relinquish any and all rights it may have to the name “Diamond Cabaret” at the location of the Premises and Landlord shall be fully entitled to use such name at the Premises at its sole discretion without claim by Tenant.
Appears in 1 contract
Sources: Lease Agreement
Use of Demised Premises. 3.1 Tenant will agrees that the demised premises shall be used solely for the purpose of conducting a manufacturing operation and in conjunction therewith to make sales of manufactured products from the demised premises and to engage generally in other types of business normally associated with a manufacturing operation including, but not limited to, related office functions and warehousing.
3.2 The Tenant shall not use and occupy or occupy, nor permit the Demised Premises solely or any part thereof to be used or occupied, for general office purposes any unlawful business, use or purpose, nor for any purpose or in any manner which is in violation of any federal, state, or municipal laws, ordinances or regulations. The Tenant shall, at its sole expense, comply with all laws, orders and uses incident thereto regulations of federal, state, and local authorities, including any and all municipal, state or federal environmental laws, orders and regulations, and with any direction of any public officer, pursuant to law, which shall impose any duty upon the Tenant with respect to the Demised Premises. The Tenant shall, at its sole expense, obtain all licenses and permits which may be required for the conduct of its business within the terms of this Lease, or for the making by the Tenant of repairs, replacements, alterations, improvements or additions permitted or required in accordance with the certificate other provisions of occupancy this Lease. The Tenant shall indemnify and applicable zoning regulationshold the Landlord harmless from any costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims, and for no other purpose. Tenant will not use or occupy the Demised Premises for any unlawfuldemands, disorderlyincluding reasonable attorneys' fees, resulting from, otherwise due to, or extra hazardous purpose, and will not manufacture any commodity or prepare or dispense any food or beverage therein, except for Tenant's personal use in arising
(1) the Demised Premises. violations by the Tenant will comply with all present and future laws, regulations and governmental requirements of any governmental or public authority having jurisdiction over the Demised Premises applicable to Tenant's business. . Landlord represents and warrants to Tenant that the Building presently complies with all applicable federal, state and local laws, ordinances, regulations, rules and requirements of any governmental authority having jurisdiction, including the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS"). Tenant, at Tenant's sole expense, shall makestate, or cause to be mademunicipal law, all necessary installationsrule, repairsorder, replacements and alterations to the Demised Premises that are required to comply with any and all Applicable Laws if: ordinance, or regulation; (i2) the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made by Tenant (and not the condition of the Building occupancy or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required as a result of Tenant's specific use of the Demised Premises, or any part thereof, by the Tenant or the Tenant's employees, agents contractors, licensees, or invitees; or (3) any failure by the Tenant to perform its obligations under this Lease. In the event that the Landlord shall, without fault on the Landlord's part, be made a party to any litigation commenced by or against the Tenant, then the Tenant shall protect and hold the Landlord harmless and shall pay all costs, expenses, and reasonable attorneys' fees incurred or paid by the Landlord in connection with such litigation. The Tenant shall pay, satisfy and discharge any and all judgements, orders and decrees which may be recovered against the Landlord which are subject to the foregoing indemnification provisions.
Appears in 1 contract
Use of Demised Premises. Tenant will shall use and occupy the Demised Premises solely during the Lease Term only for general the purpose stated in Section 1 hereof and attendant office purposes and uses incident thereto in accordance with the certificate of occupancy and applicable zoning regulations, use and for no other purposepurpose without the prior written consent of the Landlord. Tenant will shall not use or occupy permit any person to use the Demised Premises or any part thereof for any unlawful, disorderly, use or extra hazardous purpose, and will not manufacture any commodity purpose other than the use stated in Section 1 or prepare or dispense any food or beverage therein, except for Tenant's personal use in the Demised Premises. Tenant will comply with all present and future laws, regulations and governmental requirements violation of any governmental law, statute, order, ordinance, code, rule or public authority having jurisdiction over the Demised Premises applicable to Tenant's business. . Landlord represents and warrants to Tenant that the Building presently complies with all applicable regulation of any federal, state or municipal body or other governmental agency having jurisdiction thereof, including, without limitation, zoning, land use and local laws, building ordinances, regulationsuses and requirements; occupational safety and health requirements, rules and requirements of any governmental authority having jurisdiction, including community right-to-know requirements; the Americans With Disabilities Act of 1990; and Environmental Laws (as defined in Section 9.3) (collectively “Laws”), as amended or any building and use restrictions (collectedly“Restrictions”) affecting the Building or the Demised Premises, "APPLICABLE LAWS")if any. TenantTenant shall comply with all such present and future Laws and Restrictions affecting the Building and Demised Premises and the cleanliness, safety, occupation and use of the same, at Tenant's ’s sole cost and expense. Tenant shall, at Tenant’s expense, shall makeobtain such approvals, permits or cause to be madecertificates, all necessary installationsincluding, repairswithout limitation, replacements and alterations to the Demised Premises that are required to comply with a Certificate of Occupancy if Tenant is constructing any and all Applicable Laws if: (i) the failure to so comply relates to the initial leasehold tenant improvements to the Demised Premises being made by Tenant (and not the condition of the Building or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required as a result of Tenant's specific use of in the Demised Premises, that may be required in order for Tenant to occupy and use the Demised Premises. Tenant shall promptly notify Landlord of, and provide Landlord with copies of, all notices, requests, orders, complaints or other correspondence directed to Tenant from any federal, state or municipal body or governmental agency or authority pertaining to any actual or alleged violation of Laws or Restrictions.
Appears in 1 contract
Use of Demised Premises. Supplementing the provisions of Article 2 of this lease:
(a) Tenant will use and occupy the Demised Premises solely for general office purposes and uses incident thereto in accordance with the certificate of occupancy and applicable zoning regulations, and for no other purpose. Tenant will shall not at any time use or occupy the Demised Premises for any unlawful, disorderlyor the Building, or extra hazardous purposesuffer or permit anyone to use or occupy the Demised Premises, or do anything in the Demised Premises or the Building, or suffer or permit anything to be done in, brought into or kept on the Demised Premises, which in any manner in the reasonable judgment of Owner (i) constitutes a violation of the laws and will requirements of any public authorities or the requirements of insurance bodies; (ii) impairs the character, reputation or appearance of the Building as a first-class office building; or (iii) discharges objectionable fumes, vapors or odors into the Building's flues or vents or otherwise in such manner as Owner, in the exercise of its reasonable judgment, concludes may offend other tenants or occupants of the Building.
(b) Tenant shall not manufacture use, or suffer or permit anyone to use, the Demised Premises or any commodity part thereof, for (i) an agency, department or prepare bureau of the United States Government, any state or dispense municipality within the United States or any food foreign government, or beverage thereinany political subdivision of any of them, except or any other entity subject to diplomatic or sovereign immunity, (ii) an employment agency, (iii) any charitable, religious, union or other not-for-profit organization, or (iv) any tax exempt entity within the meaning of Section 168(h)(2)(A) of the Internal Revenue Code of 1986, as amended, or any successor or substitute statute, or rule or regulation applicable thereto, as same may be amended.
(c) If any governmental license or permit (other than a certificate of occupancy for the entire Building) shall be required for the proper and lawful conduct of Tenant's personal use business in the Demised Premises or any part thereof, Tenant, at its expense and prior to conducting business in the Demised Premises, shall duly procure and thereafter maintain such license or permit and submit the same to Owner for inspection. Tenant will shall at all times comply with all present the terms and future laws, regulations and governmental requirements conditions of any governmental each such license or public authority having jurisdiction over the Demised Premises applicable to Tenant's business. . Landlord represents and warrants to Tenant that the Building presently complies with all applicable federal, state and local laws, ordinances, regulations, rules and requirements of any governmental authority having jurisdiction, including the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS"). Tenant, at Tenant's sole expense, shall make, or cause to be made, all necessary installations, repairs, replacements and alterations to the Demised Premises that are required to comply with any and all Applicable Laws if: (i) the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made by Tenant (and not the condition of the Building or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required as a result of Tenant's specific use of the Demised Premisespermit.
Appears in 1 contract
Use of Demised Premises. Tenant will Section 6.01 Except as may otherwise be permitted by the prior written consent of Lessor, Lessee shall use and occupy the Demised Premises solely for general and any buildings, structures, improvements, fixtures, or equipment now or hereafter constructed, erected or installed below or above the Demised Premises only as a light manufacturing facility and/or a warehouse and office purposes which shall include the sale of all goods, wares and uses incident thereto in accordance with merchandise and the certificate performance of occupancy and applicable zoning regulations, such services as are incidental to such business and for no other purpose. Tenant will purpose except related incidental uses and shall not under any circumstances use or occupy occupy, nor permit or suffer the Demised Premises for any unlawfulor buildings, disorderlystructures, improvements, fixtures or extra hazardous purposeequipment now or hereafter constructed, and will not manufacture any commodity erected or prepare installed on, below or dispense any food or beverage therein, except for Tenant's personal use in the Demised Premises. Tenant will comply with all present and future laws, regulations and governmental requirements of any governmental or public authority having jurisdiction over above the Demised Premises applicable or any part thereof to Tenant's be used or occupied for any unlawful or illegal business. . Landlord represents , use or purpose, nor for any business, use or purpose which may be considered extra hazardous unless insurance covering any such hazard, satisfactory to Lessor and warrants for the benefit of Lessor, is first provided and upon written consent of Lessor, nor in any such manner to Tenant that constitute a nuisance of any kind, nor for any purpose or in any way in violation of any certificate of occupancy or the Building presently complies with all applicable federalequivalent thereof, state and local if any, or of any present or future governmental laws, ordinances, regulationsrequirements, orders, directions, rules and requirements or regulations. No storage of any governmental authority having jurisdiction, including material outside of the Americans With Disabilities Act of 1990, as amended (collectedly, "APPLICABLE LAWS"). Tenant, at Tenant's sole expense, shall make, or cause to be made, all necessary installations, repairs, replacements and alterations to buildings on the Demised Premises that shall be allowed unless first approved by Lessor in writing, and then only in such areas as are required to comply with designated by Lessor. Lessee shall indemnify and save harmless Lessor against and from all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims and demands, including reasonable counsel fees, arising out of, by reason of, or on account of, any and all Applicable Laws if: (i) violation of or default in the failure to so comply relates to the initial leasehold improvements to covenants of this article. No auction, fire or bankruptcy sales may be conducted on the Demised Premises being made by Tenant (without the prior written approval and not the condition consent of the Building or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance is required as a result of Tenant's specific use of the Demised PremisesLessor.
Appears in 1 contract
Sources: Lease Agreement (Vari L Co Inc)
Use of Demised Premises. Tenant will 4.01. Subtenant shall use and occupy the Demised Premises solely for general office purposes the Permitted Uses only, and uses incident thereto in accordance Subtenant shall at all times comply with all Legal Requirements. Subject to Article 33 hereof, if a Certificate of Use shall be required pursuant to municipal ordinance to effectuate use of the Demised Premises, Sublandlord shall procure same, at Sublandlord's expense, and Subtenant shall maintain same and shall comply with the certificate terms thereof. Subject to Article 33 hereof, if a Certificate of occupancy Occupancy shall be required pursuant to municipal ordinance for the proper and applicable zoning regulations, and for no other purpose. Tenant will not use or occupy the Demised Premises for any unlawful, disorderly, or extra hazardous purpose, and will not manufacture any commodity or prepare or dispense any food or beverage therein, except for Tenantlawful conduct of Subtenant's personal use business in the Demised Premises. Tenant will , Sublandlord, with Subtenant's cooperation as necessary and at Subtenant's * cost and expense, shall procure same diligently and forthwith, and Subtenant shall comply with all present the terms thereof. Sublandlord shall be solely responsible, at Sublandlord's cost and future lawsexpense for engaging the Architect to prepare the Plans, regulations and governmental requirements as defined in Article 1 of this Sublease. Subtenant shall not at any governmental time use or public authority having jurisdiction over occupy, or do or permit anything to be done in the Demised Premises, in any manner which (a) violates the Certificate of Occupancy, the Certificate of Use or other certificate issued by the municipality for the Demised Premises applicable to Tenant's business. . Landlord represents and warrants to Tenant that or for the Building presently complies or any zoning ordinance; (b) causes or is liable to cause injury to the Building or any equipment, facilities or systems therein or require replacement thereof; (c) constitutes a violation of the Legal Requirements or Insurance Requirements; or (d) impairs or tends to impair the proper and ---------------------- * landlord economic maintenance, operation and repair of the Building and/or its equipment, facilities or systems.
4.02. Subtenant shall not and hereby represents, warrants and covenants that it will not generate, manufacture, refine, transport, treat, store, handle or dispose of hazardous substance or wastes, as defined in ECRA, now ISRA, N.J.S.A. 13:1K-6 ET SEQ. and P.L. 1993, C. 139 (collectively "ISRA"), the Spill Compensation and Control Act, N.J.S.A. 58:10-23:11 ET SEQ., or any other federal or state environmental law, in or on the Demised Premises other than those in connection with Subtenant's Permitted Use. Should Subtenant cause any hazardous substance or waste, to be discharged in or on the Demised Premises, Subtenant shall, at its sole cost and expense, clean up such discharge in accordance with all applicable federallaws. Prior to cessation of Subtenant's operation at the Demised Premises, state Subtenant shall demonstrate compliance with ISRA by delivering to the Sublandlord any of the following ISRA approvals (the "ISRA" Approvals):
(I) a letter from the New Jersey Department of Environmental Protection and local lawsEnergy ("NJDEPE") certifying that ISRA does not apply to the cessation of Subtenant's operation at the site, ordinancesor
(II) a no further action letter or "Negative Declaration" approved by the NJDEPE pursuant to ISRA, regulations, rules or
(III) a certification or letter of compliance that an approved clean-up or remediation plan has been completed. Subtenant shall pay all filing fees and requirements of any governmental authority having jurisdictionexpenses, including the Americans With Disabilities Act of 1990any testing and remediation expenses, as amended (collectedly, "APPLICABLE LAWS"). Tenant, at Tenant's sole expense, shall make, or cause to be made, all necessary installations, repairs, replacements and alterations to the Demised Premises that are required to comply with obtain the foregoing except that Sublandlord shall pay for any and all Applicable Laws if: (i) the failure to so comply relates to the initial leasehold improvements to the Demised Premises being made environmental cleanup not caused by Tenant (and not the condition of the Building or Demised Premises prior to any construction by Tenant) or any Alterations to the Demised Premises made by Tenant or on Tenant's behalf; or (ii) such compliance Subtenant, that is required as a result of Tenantcompliance herewith. Sublandlord shall fully cooperate with Subtenant and provide all reasonably necessary information for Subtenant's specific use compliance. Subtenant shall indemnify and hold Sublandlord harmless from and against any liability including attorney fees, incurred by the Sublandlord as a result of the Subtenant's failure to comply with the requirements of this Article. Subtenant shall keep Sublandlord informed of all such proceedings and shall timely provide Sublandlord with copies of all relevant documents. If Subtenant fails to obtain an ISRA Approval prior to its ceasing operations at the Demised Premises, then, in addition to any other remedy available to Sublandlord, Sublandlord may deem Subtenant to be a holdover Subtenant until such time that an ISRA Approval is obtained. Notwithstanding the foregoing, if Subtenant is proceeding with due diligence and dispatch to obtain same, Subtenant shall be responsible for only regular Fixed Rent (not 150% of Fixed Rent) and other charges which accrue under this Sublease. This provision shall survive termination of the Sublease. In the event Subtenant fails to timely comply with its obligations under this Article, then Sublandlord, at its option, may do so on behalf of Subtenant at Subtenant's cost and expense.
4.03. Notwithstanding the foregoing, it is understood and agreed that Sublandlord shall be responsible for the cost of compliance with Legal Requirements and Insurance Requirements which are applicable generally to the Building and not the result of Subtenant's specific use, provided, however, Subtenant shall not be responsible to comply with any Legal Requirements and Insurance Requirements relating to the structure of the Building or relating to conditions or repair which are the responsibility of the Sublandlord under this Sublease.
4.04. Notwithstanding the foregoing, if compliance with ISRA becomes necessary at the Demised Premises because of any ISRA triggering event initiated by Sublandlord or Superior Lessor, as the case may be, Sublandlord shall pay for all costs incurred in obtaining an ISRA Approval and Subtenant shall fully cooperate with Sublandlord in completing and seeking a letter of non-applicability from the NJDEPE and Sublandlord shall indemnify and hold Subtenant harmless from any and all liability, costs and expenses, including without limitation, reasonable attorneys fees, incurred by Subtenant as a result of Sublandlord's failure to comply with the requirements of this Article. Sublandlord shall comply with ISRA and all requirements of NJDEPE at Sublandlord's sole expense, except that Subtenant shall pay for any environmental cleanup caused by Subtenant that is required as a result of compliance herewith.
Appears in 1 contract