Common use of Use Clause in Contracts

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.

Appears in 5 contracts

Sources: Lease Agreement (Illumina Inc), Lease (Netlist Inc), Lease Agreement (Bakbone Software Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. TenantThe uses prohibited under this Lease shall include, at its expensewithout limitation, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the PremisesPremises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials (as such materials may be identified in any federal, state or encumbering local law or regulation) in the Building and/or Project, and any amendments Premises or modifications thereto, including Project without limitation the payment prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any periodic disclosure form regarding hazardous or special dues or assessments charged against the Premises or Tenant which toxic materials that may be allocated to the Premises or Tenant in accordance with the provisions thereofrequired by any governmental agency. Tenant shall promptly also, from time to time upon demand reimburse request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord for shall have the right at any additional insurance premium charged by reason time to perform an assessment of the environmental condition of the Premises and of Tenant’s failure compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the provisions requirements of this Section, and . In all events Tenant shall indemnify Landlord each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any liability and/or expense resulting from release of hazardous or toxic materials caused by Tenant’s noncompliance, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 5 contracts

Sources: Office Space Lease, Office Space Lease (Intercept Pharmaceuticals Inc), Office Space Lease (United Business Holdings, Inc)

Use. 4.1 The Premises hereby leased shall be used by Tenant shall use the Premises only for the purposes stated set forth in Item 3 Section 1.1(L) above and for no other purposes. Tenant shall, at Tenant’s expense, promptly comply with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the Term or any part of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained Term hereof regulating the use by Tenant from all relevant and required governmental agencies and authoritiesof the Premises, including without limitation, the Declaration (as defined below). The parties agree Tenant shall not use or permit the use of the Premises in any manner that any contrary use shall be deemed will tend to cause material and irreparable harm create waste or a nuisance, or will tend to Landlord unreasonably disturb other tenants in the Building, and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at keep its expense, shall procure, maintain mechanical apparatus free of noise and make available for Landlord’s inspection throughout vibration which may be transmitted beyond the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use confines of the Premises. Tenant shall not do store, handle, transport, remove and dispose of all medical and biomedical waste matter at or permit anything to be done in or about from the Premises which will in compliance with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the Term or any way interfere with the rights of other occupants part of the Building or Term hereof. 4.2 Tenant covenants throughout the ProjectLease Term, or use or allow the Premises at Tenant’s sole cost and expense, promptly to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present laws and future laws, ordinances, restrictions, regulations, ordinances and the orders, rules and regulations and requirements of all governmental authorities that pertain federal, state and municipal governments and appropriate departments, commissions, boards, and officers thereof, and of any applicable insurance rating agency, or any other body now or hereafter constituted exercising similar functions, foreseen or unforeseen, ordinary as well as extraordinary, and whether or not the same require structural repairs or alterations, which may be applicable to Tenant the Premises, or its the use or manner of use of the Premises; provided, including without limitation all federal however, that Tenant shall not be responsible for structural repairs or alterations unless the requirement for such structural repairs and state occupational health and safety requirements, whether or not alterations is caused by Tenant’s compliance will necessitate expenditures particular use or interfere with its occupancy (as distinguished from the general type of use and enjoyment of or occupancy permitted by the Premisesapplicable zoning ordinance). Tenant shall comply at its expense with all present will likewise observe and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions requirements of this Sectionall policies of public liability, fire and shall indemnify Landlord from all other policies of insurance at any liability and/or expense resulting from Tenant’s noncompliancetime in force with respect to the buildings and improvements on the Premises and the equipment thereof.

Appears in 4 contracts

Sources: Industrial Space Lease (XBiotech Inc.), Industrial Space Lease (XBiotech Inc.), Industrial Space Lease (XBiotech Inc.)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.

Appears in 4 contracts

Sources: Lease Agreement (Altris Software Inc), Lease (Ydi Wireless Inc), Lease Agreement (Telenetics Corp)

Use. Tenant shall not use or occupy or permit the Premises only to be used or occupied for any purpose other than for the purposes stated in Item 3 of the Basic Lease ProvisionsPermitted Use, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in by Tenant’s Occupants which may (a) increase the existing rate or about violate the Premises which will in provisions of any way insurance carried with respect to the Property, (b) create a public or private nuisance, commit waste or interfere with the rights of with, annoy or disturb any other occupants tenant or occupant of the Building or Landlord in the Projectoperation of the Building, (c) overload the floors or use otherwise damage the structure of the Building, (d) constitute an improper, immoral or allow the Premises to be used for any unlawful objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or (e) increase the cost of any insurance policy(iesutility service beyond the level permitted by Paragraph 8, (f) covering violate any present or future laws, ordinances, regulations or requirements or any covenants, conditions and restrictions existing with respect to the Property, (g) subject Landlord or any other tenant to any liability to any third party, (h) lower the first-class character of the Building, or (i) result in or facilitate the Project and/or their contentsoperation of any internet web site, and shall comply “dial-up” computer service, or telephone service providing or providing access to gaming or gambling content, product or services, dating or escort services, sexually themed content, products, services, pharmaceutical products or services, or illicit drug themed content, product or services or paraphernalia commonly used in connection with all applicable insurance underwriters rulesillicit drugs or substances. Tenant shall shall, at Tenant’s sole cost, (v) use the Premises in a careful, safe and proper manner, (w) comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules regulations and requirements and any covenants, conditions and restrictions existing with respect to the Property, including, without limitation, those relating to hazardous substances, hazardous wastes, pollutants or contaminants and those relating to access by disabled persons, (x) comply with the requirements of all governmental authorities that pertain any board of fire underwriters or other similar body relating to Tenant or its use of the Premises, including (y) keep the Premises free of objectionable noises and odors, including, without limitation all federal limitation, cigar, pipe and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectsimilar smoke odors, and any amendments (z) not store, use or modifications thereto, including without limitation the payment by Tenant dispose of any periodic hazardous substances, hazardous wastes, pollutants or special dues or assessments charged against contaminants on the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceProperty.

Appears in 4 contracts

Sources: Lease Agreement (Fatpipe Inc/Ut), Lease Agreement (Fatpipe Inc/Ut), Lease Agreement (Fatpipe Inc/Ut)

Use. (a) Tenant shall be permitted to use the Leased Premises only for any and all Lawful purposes, subject, however, to zoning ordinances, Laws, the purposes stated in Item 3 orders, rules and regulations of the Basic Lease ProvisionsBoard of Fire Insurance Underwriters and any similar bodies having or asserting jurisdiction, all thereof now in accordance with applicable laws effect or hereafter adopted by any governmental authority having or asserting jurisdiction and such conditions, restrictions and pursuant other encumbrances, if any, to approvals to be obtained by Tenant from all relevant which the Leased Premises are subject at the time of execution and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. delivery hereof. (b) Tenant shall not use or occupy or permit the Leased Premises to be used or occupied, nor do or permit anything to be done in or about on the Leased Premises which will or any part thereof, in a manner that would in any way interfere with the rights of other occupants violate any of the Building Laws or any certificate of occupancy affecting the ProjectLeased Premises or make void or voidable any insurance then in force with respect thereto, or use that may make it impossible to obtain fire or allow the Premises other insurance thereon required to be used for furnished hereunder by Tenant, or that will cause or be likely to cause structural injury to any unlawful purpose, nor shall Tenant permit any of the Improvements or that will constitute a public or private nuisance or commit waste. Nothing contained in this Lease and no action or inaction by Landlord shall be deemed or construed to mean that Landlord has granted to Tenant any waste right, power or permission to do any act or to make any agreement that may create, give rise to, or be the foundation for, any right, title, interest, lien, charge or other encumbrance upon the estate of Landlord in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Leased Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.

Appears in 3 contracts

Sources: Lease (Aviation Sales Co), Lease Agreement (Kellstrom Industries Inc), Lease (Timco Aviation Services Inc)

Use. (a) Tenant shall use and occupy the Premises for manufacturing, warehousing, offices and other uses incidental thereto and for no other purpose without Landlord's consent, which shall not be unreasonably withheld, delayed or conditioned and shall be deemed to be given if Landlord has not responded within ten (10) days of Tenant's request for such consent. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisionsa careful, all in accordance with applicable laws safe and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord proper manner and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted not use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in purpose prohibited by the certificate of occupancy issued for the Premises or the Projectlaws of the United States or the State of Colorado, or the ordinances of the County of Boulder. Neither Tenant nor Landlord shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything any act or thing upon the Premises which will invalidate shall or increase might subject the cost other to any liability or responsibility for injury to any person or persons or to property by reason of any insurance policy(iesbusiness or operation carried on upon the Premises or for any reason. (b) covering In the Buildingevent that any official shall hereafter at any time contend or declare by notice, violation, order or in any other manner whatsoever that the Project and/or their contentsPremises are used for a purpose which is a violation of any permit, and certificate of occupancy, statute, ordinance or other requirement of law applicable to the Premises, Tenant shall, upon ten (10) days' written notice from Landlord, immediately discontinue such use of the Premises. (c) Tenant, at its sole expense, shall comply with all applicable insurance underwriters ruleslaws, orders and regulations of federal, state, county and municipal authorities, and with any direction of any public officer or officers, pursuant to law, which shall declare any violation or impose any order or duty upon Landlord or Tenant with respect to the Premises, or the use or occupation thereof. Notwithstanding the foregoing, Tenant shall not be obligated to comply at its expense with all present and future any such laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain or regulations, including but not limited to Tenant the Americans With Disabilities Act, which (a) relate to the design or its use construction of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment (b) relate to the structural portions of the Premises. Tenant , or (c) may require structural alterations, structural changes, structural repairs or structural additions, all of which shall comply be the obligation of Landlord at its expense with all present sole cost and future covenantsexpense; provided, conditionshowever, easements if such laws, orders or restrictions now regulations relate to the specific type or hereafter affecting nature of the business being conducted or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment to be conducted by Tenant of any periodic or special dues or assessments charged against upon the Premises or Tenant which may be allocated to the Premises specific accommodations made or Tenant in accordance with the provisions thereof. to be made for certain of Tenant's employees as opposed to being related to industrial or office buildings, generally, Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure nevertheless be required to comply with them. Without limiting the generality of the foregoing, but subject to the proviso in the preceding sentence, Landlord, at it sole cost and expense, shall be responsible for complying with the applicable provisions of the Americans With Disabilities Act and the regulations and Accessibility Guidelines for Buildings and Facilities issued pursuant thereto, as same may be amended (collectively, the "ADA"), relating to (i) the design and construction of the Premises and the work within the Premises to be performed by Landlord pursuant to this SectionLease, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance(ii) the structural portions of the Premises (collectively, "Landlord's Work").

Appears in 3 contracts

Sources: Lease (Brooks Automation Inc), Lease (Brooks Automation Inc), Lease (Helix Technology Corp)

Use. The Tenant Equipment Areas shall use the Premises only be used solely for the purposes stated in Item 3 --- installation, operation and maintenance of the Basic Lease Provisions, all in accordance with applicable laws Tenant Equipment and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesfor no other purpose whatsoever. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted Any use of the PremisesTenant Equipment Areas for any other purpose or any attempt by Tenant to allow the use or occupation of the Tenant Equipment Areas by anyone other than Tenant shall, unless otherwise agreed to by Landlord in writing shall be a default; and Landlord shall have the right to immediately terminate this License unless such default is not cured within five (5) Working Days after notice thereof. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants use of the Building Tenant Equipment Areas for any purpose which is illegal, dangerous to life, limb or the Projectproperty, or use or allow the Premises to be used for any unlawful purposewhich, nor shall Tenant permit any in Landlord's reasonable opinion, creates a nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or would increase the cost of insurance coverage with respect to the Building. In particular, no semiconductors or other electronic equipment containing polychlorinated biphenyls (PCB's) or other environmentally hazardous materials will either be used or stored in or around the Tenant Equipment Areas except as otherwise specifically provided in this Paragraph; and no such materials will be used in any insurance policy(ies) covering of the Tenant Equipment installed by Tenant in the Tenant Equipment Areas. Notwithstanding the foregoing, Tenant may use and store fossil fuels for its Generators and batteries for its emergency electrical backup systems in its Premises, so long as Tenant does so in compliance with all applicable Legal Requirements. Tenant will not permit unauthorized persons or persons with insufficient expertise or experience to enter Service Areas to maintain or operate the Tenant Equipment. Tenant understands that the mechanical rooms within these Service Areas must be kept locked and secure at all times must not be available or open to the public. Landlord may, at Landlord's discretion, authorize other licensees and tenants of the Building to use portions of the designated Pathways or Service Areas, or to use portions of other Pathway or Service Areas in the Building, whether for the Project and/or their contentsinstallation of telecommunications equipment or otherwise, and shall comply with all applicable insurance underwriters rulesso long as such uses would not require Tenant to remove its previously installed Cable from the designated Pathways or Telecommunications Equipment from the designated Service Area. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities acknowledges that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or interruptions in utility services are not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering uncommon in facilities such as the Building and/or Project, and that any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant sensitive electronic equipment which may be allocated to used in the Premises or Building should be protected by Tenant in accordance with from utility service interruptions by the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason use of Tenant’s failure to comply with the provisions of this Sectionbackup power supplies, surge protectors, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceother appropriate safety systems.

Appears in 3 contracts

Sources: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)

Use. Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 of Section 1.01(f) hereof, and for no other purposes. Tenant shall not use or permit the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals Premises or any portion thereof to be obtained by used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm give prompt written notice to Landlord and of any notification to Tenant of any claimed violation thereof. Tehaht shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain own cost and make available for Landlord’s inspection throughout the Term, expense obtain any and all governmental approvals, licenses and permits required necessary for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises Premises, nor bring or keep anything therein which will in any way interfere with increase the rights existing rate of or affect any fire or other occupants insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or the Projectits contents, or use or allow the Premises Tenant hereby agrees to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premisespay such increase. Tenant shall not do or permit anything to be done anything in or about the Premises and/or Project which will invalidate in any way obstruct or increase interfere with the cost rights of any insurance policy(ies) covering the Building, other tenants or occupants of the Project and/or their contentsor injure or annoy them. Tenant shall not permit any nuisance in, and on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of all governmental authorities that pertain any clean up or removal required to Tenant be performed with respect to such asbestos-containing, toxic or its use hazardous materials. Further without limitation of the Premisesforegoing, including without limitation all federal and state occupational health and safety requirements, whether Tenant will not permit or not Tenant’s compliance will necessitate expenditures suffer the Premises to be occupied or interfere with its use and enjoyment used in a manner offensive or objectionable to Landlord or other occupants of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged Project by reason of Tenant’s failure to comply light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with other tenants or those having business in the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceProject.

Appears in 3 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.

Appears in 3 contracts

Sources: Industrial Lease (Oculex Pharmaceuticals Inc /), Industrial Lease (Dental Medical Diagnostic Systems Inc), Industrial Lease (Immersion Corp)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials (as such materials may be identified in any federal, state or encumbering local law or regulation) in the Building and/or Project, and any amendments Premises or modifications thereto, including Project without limitation the payment prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any periodic disclosure form regarding hazardous or special dues or assessments charged against the Premises or Tenant which toxic materials that may be allocated to the Premises or Tenant in accordance with the provisions thereofrequired by any governmental agency. Tenant shall promptly also, from time to time upon demand reimburse request by Landlord, execute such affidavits concerning Tenant's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord for shall have the right at any additional insurance premium charged by reason time to perform an assessment of the environmental condition of the Premises and of Tenant’s failure 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the provisions requirements of this Section, and . In all events Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any liability and/or expense resulting from release of hazardous or toxic materials caused by Tenant’s noncompliance, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Sources: Office Space Lease (Netratings Inc), Office Space Lease (Pharmaprint Inc), Assignment of Lease (Imperial Credit Commercial Holdings Inc)

Use. The Premises shall be used for general office and storage purposes only. Tenant shall will not use or occupy any part of the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which and will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules regulations and requirements orders of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of having jurisdiction over the Premises. Tenant shall comply at conduct its expense with all present business and future covenantscontrol its employees, conditionsagents, easements customers, subtenants and invitees in a manner which does not create any nuisance (including but not limited to noise, dust, vibrations or restrictions now odors), or hereafter affecting interfere with, annoy or encumbering disturb any other owner or tenant of the Building and/or Project or Lessor in its operation of the Project. Tenant will not conduct or permit to be conducted any activity, or place any equipment in or about the Premises, which will in any way increase the rate of fire insurance or other insurance on the Project; and if any amendments increase in the rate of fire insurance or modifications theretoother insurance is stated by any insurance company or by the applicable Insurance Rating Bureau to be due to activity or equipment of Tenant in or about the Premises, including without limitation such statement shall be conclusive evidence that such increase in such rate is due to such activity or equipment and, as a result thereof, Tenant shall reimburse Lessor for such increase as additional rent hereunder and, further, shall discontinue or cause the payment by Tenant discontinuance of such conduct or shall remove such equipment upon Lessor’s demand made any periodic time thereafter. There shall be no sale of food or special dues or assessments charged against beverages in the Premises for consumption on or off the Premises by any means without the prior written consent of Lessor. Tenant may not install any food or beverage vending machines within the Premises other than those which may be allocated installed by Lessor. Tenant shall not permit intoxicating liquors to be kept or sold in the Premises except for business receptions, subject to compliance with applicable laws and Lessor’s reasonable rules. Notwithstanding any other provision of this Lease to the contrary, Tenant covenants and agrees to use commercially reasonable efforts to refrain from doing any act or thing which would cause measurable interference with any telecommunications operations of any current or future tenant of the Project located on the roof of the Building. Such tenants occupying the roof of the Building shall be deemed third-party beneficiaries of the foregoing covenant and agreement by Tenant. For purposes of this Provision, measurable interference shall be defined to include an increase in noise floor, harmonic distortion or cross-talk. Tenant specifically acknowledges that the Building is a wood frame structure with wooden floors and agrees that such structure and floors will require enhanced precautions by Tenant to prevent interference, annoyance or disturbance of other owners or tenants in the Project. Tenant specifically agrees to take all reasonable precautions to contain any and all dust, water and other materials within the Premises. Notwithstanding anything to the contrary contained in this Lease, Lessor shall in all events have the right to limit the weight and prescribe the position of any safes, concentrated filing systems and other heavy equipment placed in or on the Premises by Tenant. Any and all damage or injury to the Premises or the Project caused by moving the property of Tenant in accordance with or out of the provisions thereofPremises, or due to the same being in or on the Premises, shall be repaired by Tenant at its sole cost and expense. Tenant will notify the Property Manager prior to moving furniture, equipment or other fixtures and furnishings into or out of the Premises and shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with such reasonable restrictions as the provisions of this Section, and Property Manager may reasonably impose. No deliveries or pickups shall indemnify Landlord from be left unattended at any liability and/or expense resulting from Tenant’s noncomplianceloading dock in the Project.

Appears in 3 contracts

Sources: Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not, without Landlord’s prior written consent conduct its business operations in areas outside the Premises or the Utility Building, including but not perform limited to storing any work property, equipment or conduct any business whatsoever trash in the Project other than inside the Premisessuch areas except as shown on Exhibit F attached hereto. Tenant shall not do or permit to be done anything which will invalidate or increase the responsible for any increased cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulescontents occasioned by its use. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof, provided, however, that such future or amended covenants, conditions, easements or restrictions are provided to Tenant (and, to the extent action is required of Tenant to comply, Tenant has reasonable prior notice) and do not materially impair the rights of Tenant or materially increase the obligations of Tenant under this Lease. Tenant shall promptly upon demand reimburse Landlord for any additional commercially reasonable insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or reasonable expense resulting from Tenant’s noncompliance.

Appears in 3 contracts

Sources: Sublease Agreement (Prometheus Biosciences, Inc.), Sublease Agreement (Prometheus Biosciences, Inc.), Lease (Prometheus Biosciences, Inc.)

Use. Tenant shall use and occupy the Premises only and solely for the Permitted Use and for no other purposes stated in Item 3 of the Basic Lease Provisionswhatsoever. Tenant shall be solely liable and responsible for obtaining or maintaining any and all approvals, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant authorizations, licenses, variances, or permits from all relevant and required any private party or any governmental or quasi-governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant(collectively, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits "Permits") required for the proper Permitted Use, including without limitation, those required by the Environmental Protection Agency ("EPA") or any state board or agency having authority or jurisdiction over compliance with environmental laws, regulations, or procedures (collectively, "State Agency"). Landlord shall have no duty or obligation (except as required by law) to assist or otherwise work with Tenant in obtaining or maintaining any such Permits, and lawful conduct of Landlord shall have no liability or obligation whatsoever in the event Tenant is unable to obtain any such Permits for whatever reason. Tenant’s permitted use of the Premises's ability to obtain or maintain any such Permits is not a condition to this Lease or Tenant's liabilities and obligations hereunder. Tenant's failure to obtain or maintain any such Permits shall not affect this Lease in any manner whatsoever. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful, disreputable, or extra-hazardous purpose or in any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectmanner. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies(a) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present Federal, state and future local governmental laws, ordinances, restrictions, regulations, orders, rules and regulations applicable to Tenant's use and occupancy of the Premises including, without limitation, compliance with all laws, ordinances, regulations, and requirements of all the EPA or any State Agency and (b) not dump, discharge, generate, release, store, manufacture, or dispose of any hazardous, toxic or nuclear waste or other substances ("Other Hazardous Substances") considered hazardous, toxic or nuclear by any governmental authorities that pertain to Tenant or its use quasi-governmental agency in violation of the Premisesany such laws, including without limitation all federal orders, rules and state occupational health regulations; and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and give prompt written notice to Landlord of any amendments or modifications thereto, including without limitation the payment by notification to Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions claimed violation thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.

Appears in 3 contracts

Sources: Real Estate Lease (Wastequip Inc), Real Estate Lease (Wastequip Inc), Real Estate Lease (Wastequip Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. , The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the PremisesSite. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project Site and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectthe Site, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. As used in this Section 5.1, the term “permit” shall be deemed to mean “knowingly permit” in connection with anything that Tenant permits to be done on or about the Site, as opposed to the Premises itself. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all future and present laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities, and with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or the Site, results in a capital improvement on Tenant’s part (or Tenant’s being obligated to reimburse Landlord for a capital improvement), Tenant shall only be responsible for the amortized cost of such capital improvement (amortized at a market cost of funds as reasonably determined by Landlord) over the useful life of said improvement during the Term, except in the event each obligation for capital improvement is required due to Tenant’s particular use of the Premises, (in which case Tenants shall be fully responsible for the entire cost and installation of each capital investment).

Appears in 3 contracts

Sources: Industrial Lease (Advanced Medical Optics Inc), Industrial Lease (Intralase Corp), Industrial Lease (Intralase Corp)

Use. Tenant shall may use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsPermitted Use, and shall must comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future statutes, laws, ordinances, restrictions, regulationscodes, orders, rules and regulations, as well as all requirements of all governmental authorities that pertain any of Landlord's insurance providers, relating to Tenant or its use of the Premisesuse, including without limitation all federal condition and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Tenant shall comply at its expense with all present and future covenantsThe Premises may not be used for any use other than the Permitted Use which (i) is disreputable, conditionscreates fire hazards, easements or restrictions now or hereafter affecting or encumbering results in an increased rate of insurance on the Building and/or Projector its contents; (ii) would violate any covenant, agreement, term, provision or condition of this Lease or is in contravention of the certificate of occupancy or zoning ordinances pertaining to the Building; (iii) would alter, affect or interfere with or would overload the electrical, mechanical or HVAC systems or any other component of the Building, or would exceed the floor load per square foot which the floor was designed to carry and which is allowed by law; or (iv) would, in Landlord's reasonable judgment, in any way impair or tend to impair or exceed the design criteria, structural integrity, character, reputation or appearance of the Building. Tenant will not conduct or permit the generation, transportation, storage, installation, treatment or disposal, either in the Building or in the Premises, of any hazardous or toxic materials (other than those customarily used by office tenants in the normal course of business), and any amendments or modifications thereto, including without limitation Tenant will keep the payment by Tenant Building and the Premises free of any periodic lien or special dues claim imposed under any federal, state or assessments charged against local environmental statute, law, ordinance, code, rule or regulation. If, because of Tenant's acts (which are outside of the Premises Permitted Use and have not been approved in writing by Landlord), the rate of insurance on the Building or its contents increases, then such acts will constitute an Event of Default, Tenant which may be allocated must pay to Landlord the Premises or Tenant in accordance with the provisions thereofamount of such increase on demand, and acceptance of such payment will not waive any of Landlord's other rights. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure agrees to comply with the provisions of this Sectionconduct its business and control its agents, employees, and shall indemnify invitees in such a manner as not to create any nuisance or unreasonably interfere with other tenants or Landlord from any liability and/or expense resulting from Tenant’s noncompliancein its management of the Building.

Appears in 2 contracts

Sources: Lease Agreement (Coolsavings Com Inc), Lease Agreement (Coolsavings Com Inc)

Use. The Leased Premises are leased to Tenant solely for the Permitted Use set forth in Article 1.9 above and for no other purpose whatsoever. Tenant shall not use or occupy or permit the Leased Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by used or occupied, nor shall Tenant from all relevant and required governmental agencies and authorities. The parties agree that do or permit anything to be done in or about the Leased Premises nor bring or keep anything therein which will in any contrary use shall be deemed to way increase the existing rate of or affect any casualty or other insurance on the Building, the Project or any of their respective contents, or make void or voidable or cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to a cancellation of any other available remedy. Tenantinsurance policy covering the Building, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct Project or any part thereof or any of Tenant’s permitted use of the Premisestheir respective contents. Tenant shall not do or permit anything to be done in or about the Premises Leased Premises, the Building and/or the Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building Building, or the Project, Project or injure them. Tenant shall not use or allow the Leased Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises, the Building and/or the Project. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Premises or Leased Premises, the Building and/or the Project. Tenant shall not perform any work or conduct any business whatsoever in use the Leased Premises, the Building and/or the Project or permit anything to be done in or about the Leased Premises, the Building and/or the Project which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the requirements of any Board of Fire Underwriters or other than inside similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the Premisescondition, use or occupancy of the Project, excluding structural changes not relating to or affected by Tenant’s improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not do place a load upon any floor of the Leased Premises which exceeds the load per square foot, which the floor was designed to carry, nor shall Tenant install business machines or permit other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to be done anything which will invalidate or increase the cost structure of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.

Appears in 2 contracts

Sources: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals The premises are to be obtained by Tenant from all relevant used for general office purposes and required governmental agencies and authoritiesfor no other business or purpose. The parties agree that any contrary No use shall be deemed made or permitted to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use be made of the Premises. Tenant shall not do or permit anything to be premises, nor acts done in or about the Premises premises, which will in any way interfere conflict with any law, ordinance, rule or regulation, permit, occupancy certificate, or other entitlement affecting the rights of other occupants use or occupancy of the Building premises, now or the Projecthereafter in effect, or use which will increase the existing rate of insurance upon the Project or allow cause a cancellation of any insurance policy covering the Premises to be used for building or any unlawful purposepart thereof, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do sell, or permit to be done anything kept, used or sold in or about the premises any article which will invalidate or increase may be prohibited by the cost standard form of any fire insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulespolicy. Tenant shall comply at its own expense comply with all present and future laws, ordinances, restrictionsorders, rules, regulations, orders, rules and and/or requirements of all governmental authorities that pertain pertaining to Tenant Tenant's particular use or its use occupancy of the Premisespremises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises's activities therein. Tenant shall comply at its expense with all present and future covenantsnot commit, conditionsor suffer to be committed, easements any waste upon the premises, or restrictions now any public or hereafter affecting private nuisance, or encumbering other act or thing which may obstruct or disturb the Building and/or quiet enjoyment of any other tenant in the Project, and nor shall Tenant, without the written consent of Landlord, use any amendments apparatus, machinery or modifications theretodevice in or about the premises which shall cause any substantial noise or vibration, including without limitation or which shall substantially increase the payment by Tenant amount of any periodic electricity or special dues water, if any, agreed to be furnished or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereofsupplied under this lease. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged not install or use heat-generating machines, excess lighting, or other equipment which may affect the temperature otherwise maintained by reason the air conditioning equipment, without the prior written consent of Tenant’s failure Landlord. Tenant may install the usual office machines and equipment, such as electrical typewriters, adding machines, teletypewriters and similar equipment. Notwithstanding the foregoing, Tenant may install and operate at the premises computers and related equipment, subject to comply with the provisions of this Section, lease respecting use of the premises and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceinstallation of alterations and trade fixtures.

Appears in 2 contracts

Sources: Sublease Agreement (E Stamp Corp), Sublease Agreement (Keynote Systems Inc)

Use. Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 Section 1.G. of the Basic Lease Provisions, all in accordance with applicable laws Provisions and restrictions and pursuant to approvals shall not use or occupy the Premises or permit the same to be obtained by used or occupied for any other purpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion, and ▇▇▇▇▇▇ agrees that it will use the Premises in such a manner so as not to interfere with or infringe upon the rights of other tenants or occupants in the Project. Landlord shall reasonably cooperate with Tenant, in such manner as Tenant from all relevant and required may reasonably request, in assisting Tenant to obtain any governmental agencies and authorities. The parties permits or approvals necessary to enable Tenant to use the Premises for any Permitted Use, provided that Landlord shall not be obligated to incur any out‑of‑pocket costs or expenses, incur any liability or agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedyrestriction on uses or any change in the zoning for any portion of the Project in connection with any such request. TenantTenant shall, at its sole cost and expense, shall procurepromptly comply with all laws, maintain statutes, ordinances, governmental regulations or requirements (including, without limitation all Environmental Laws as defined in Section 28(e) below and make available for Landlord’s inspection throughout the Termany accessibility or sustainability laws or requirements) now in force or which may hereafter be in force (collectively, all governmental approvals, licenses and permits required for the proper and lawful conduct of “Laws”) relating to or affecting (i) Tenant’s permitted particular use or occupancy of the Premises, and (ii) improvements, trade fixtures and equipment installed or constructed in the Premises by or for the benefit of Tenant. Tenant hereby agrees and acknowledges that the manufacture, cultivation, sale, use, trade or possession of any drugs or other substance in violation of the laws of the United States of America in the Premises shall be a material breach of this Lease (without any applicable notice and cure period) notwithstanding that any laws of the Commonwealth of Massachusetts permit the manufacture, cultivation, sale, use, trade or possession of such drugs or other substances for recreational or medicinal purposes, including without limitation, cannabis, cannabinoids or any derivations thereof. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights more than six (6) people per one thousand (1,000) rentable square feet of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in occupy the Premises or the Projectat any time. Tenant shall not perform any work comply with, and ▇▇▇▇▇▇’s rights and obligations under this Lease and ▇▇▇▇▇▇’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, restrictions and other Underlying Documents now or conduct any business whatsoever in hereafter affecting the Project other than inside the PremisesProject. Tenant shall not do or permit to be done anything which will would invalidate or increase the cost of any insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules regulations and requirements of all governmental authorities that pertain any organization which sets out standards, requirements or recommendations commonly referred to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectby major fire insurance underwriters, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand within thirty (30) days after Tenant’s receipt of an invoice therefor reimburse Landlord for any additional premium charges for any such insurance premium charged policy assessed or increased by reason of Tenant’s use of the Premises or failure to comply with the provisions of this Section, Article 7. Tenant shall comply with Landlord’s reasonable sustainability practices applicable to the Project and shall indemnify not permit any use of the Premises which may affect the continued certification of the Project issued pursuant to the United States Green Building Council’s Leadership in Energy and Environmental Design (“LEED”) rating system (or other applicable certification standard). Landlord from any liability and/or expense resulting from Tenant’s noncompliancerepresents that the Building is zoned for laboratory for research and development work.

Appears in 2 contracts

Sources: Lease Agreement (Generate Biomedicines, Inc.), Lease Agreement (Generate Biomedicines, Inc.)

Use. (a) Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 Article 1.G. of the Basic Lease Provisions, all in accordance with applicable laws Provisions and restrictions and pursuant to approvals shall not use or occupy the Premises or permit the same to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to used or occupied for any other available remedypurpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to interfere with or infringe upon the rights of other tenants or occupants in the Project. TenantTenant shall, at its sole cost and expense, shall procurepromptly comply with all laws. statutes, maintain and make available for Landlord’s inspection throughout ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the Termcondition, all governmental approvals, licenses and permits required for use or occupancy of the proper and lawful conduct of Premises (excluding structural changes to the Project not related to Tenant’s permitted particular use of the Premises. Tenant shall not do ), and/or (ii) improvements installed or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste constructed in the Premises by or for the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. benefit of Tenant, Tenant shall not do or permit to be done anything which will would invalidate or increase the cost of any fire and extended coverage insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable insurance underwriters reasonable rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules regulations and requirements of all governmental authorities that pertain any organization which sets out standards, requirements or recommendations commonly referred to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectby major fire insurance underwriters, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand and evidence of such increase from Landlord reimburse Landlord for any additional premium charges for any such insurance premium charged policy assessed or increased by reason of Tenant’s failure to comply with the provisions of this SectionArticle. (b) Tenant, at its sole cost and expense, covenants to conduct its business operations from the Premises strictly in accordance with all city, county, state and federal laws, rules. regulations, ordinances and generally accepted health care industry standards and practices, to the extent same presently exist or may exist in the future (collectively, “Applicable Law”), including but not limited to (i) compliance with any and all Occupational Safety and Health Administration guidelines; rules and standards, and shall indemnify Landlord from (ii) ensuring that all waste products, including without limitation, any liability and/or expense resulting from medical waste, if any, generated by Tenant or present within the Premises or the Project as a result of Tenant’s noncomplianceuse of the Premises, are appropriately used, stored, handled, transported and/or disposed of in strict accordance with all Applicable Laws. (c) Tenant hereby agrees, at its sole cost and expense, to comply with any and all procedures, practices, rules, standards, guidelines and/or special precautions which are required by any applicable city, county, state and federal law, regulation, ordinance and/or health care standard and practice, as a result of the particular use of the Premises by Tenant. (d) Tenant agrees not to engage in the practice of abortion services from the Premises. If any of the services provided from the Premises results in protests or demonstrations at the Project, Tenant shall discontinue such services upon notice from Landlord_ Tenant agrees not to dispense any drugs for remuneration (including without limitation any medicinal marijuana or similar substances). Tenant shall not allow any client or patient to reside in or remain in the Premises on an overnight or in-patient basis.

Appears in 2 contracts

Sources: Standard Office Lease (Castle Biosciences Inc), Standard Office Lease (Castle Biosciences Inc)

Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated in Item 3 purpose of the Basic Lease Provisionsgeneral office, all manufacturing, biology and tissue culture laboratory, wet laboratory, animal laboratory, research and development and storage uses necessary for Tenant to conduct Tenant’s business, provided that such approved uses shall be in accordance with all current and future applicable governmental laws and restrictions ordinances and pursuant zoning restrictions, and for no other purpose. Notwithstanding anything to approvals the contrary herein, in no event shall any or all of the Premises be allowed, authorized and/or used for daycare and/or any other child care purpose and Tenant shall not do or permit to be obtained done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Premises or any part thereof, or any of its contents unless Tenant from all relevant and required governmental agencies and authorities. The parties agree that pays one hundred percent (100%) of said additional increase in said rate, or will cause a cancellation of any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to insurance covering the Premises or any other available remedy. Tenantpart thereof, at or any of its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premisescontents. Tenant shall not do or permit anything to be done in anything in, on or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building Premises or the Projectneighboring premises or injure them, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in about the Premises. No sale by auction shall be permitted on the Premises. Notwithstanding anything to the contrary herein, the sale by Tenant of a piece or pieces of equipment located within the Premises or the Projectto a third party shall not be deemed an auction. Tenant shall not perform place any work loads upon the floors, walls, or conduct ceiling which endanger the structure, or place any business whatsoever harmful fluids or other materials in the Project drainage system of the Building, or overload electrical or other than mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the Building, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where reasonably designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises except as functionally necessary as a result of the design of Tenant’s Interior Improvements as reasonably approved by Landlord. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall not do indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys’ fees, or permit liability arising out of failure of Tenant to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all any applicable insurance underwriters ruleslaw for which Tenant is obligated to comply under the terms of this Lease. Tenant shall comply at its expense with all present any covenant, condition, or restriction (“CC&R’s”) affecting the Premises. Landlord has provided a copy of said CC&R’s to Tenant. The provisions of this paragraph are for the benefit of Landlord only and future laws, ordinances, restrictions, regulations, orders, rules and requirements shall not be construed to be for the benefit of all governmental authorities that pertain to any Tenant or its use occupant of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.

Appears in 2 contracts

Sources: Lease Agreement (Genitope Corp), Lease Agreement (Genitope Corp)

Use. Tenant shall continuously occupy and use the Premises only for general office use or uses incidental thereto, all of which shall be consistent with the purposes stated in Item 3 standards of a first class office project (the "Permitted Use") and shall comply, at Tenant's expense, with all Regulations relating to the use, condition, alteration, improvement, access to, and occupancy of the Basic Lease ProvisionsPremises, all in accordance with applicable laws and restrictions and pursuant including without limitation, Regulations relating to approvals Hazardous Materials (defined below). Should any Regulation now or hereafter be imposed on Tenant or Landlord by any governmental body relating to be obtained the use or occupancy of the Premises or the Project common areas by Tenant from all relevant and required governmental agencies and authorities. The parties agree that or any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. TenantTenant Party or concerning occupational, health or safety standards for employers, employees, or tenants, then Tenant agrees, at its sole cost and expense, shall procure, maintain to comply promptly with such Regulations if such Regulations relate to anything within the Premises or if compliance with such Regulations is within the control of Tenant and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use applies to an area outside of the Premises. Tenant shall conduct its business and shall cause each Tenant Party to act in such a manner as to (a) not do release or permit anything to be done the release of any Hazardous Material in, under, on or about the Project in violation of any Regulations, (b) use or store any Hazardous Materials (other than incidental amounts of cleaning and office supplies) in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, (c) not create or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit unreasonable interference with or disturbance of other tenants of the Project or Landlord in its management of the Project or (d) not create any waste occupancy density in the Premises or parking density with respect to Tenant and any Tenant Party at the Project. Tenant shall not perform any work or conduct any business whatsoever Project greater than those specified in the Project other than inside the PremisesBasic Lease Information. Tenant shall not do "Hazardous Material" means any hazardous, explosive, radioactive or permit to be done anything toxic substance, material or waste which will invalidate is or increase the cost of becomes regulated by any insurance policy(ieslocal, state or federal governmental authority or agency, including, without limitation, any material or substance which is (i) covering the Buildingdefined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," "pollutant" or "contaminant" under any Regulation, the Project and/or their contents(ii) a flammable explosive, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws(iii) a radioactive material, ordinances(iv) a polychlorinated biphenyl, restrictions(v) asbestos or asbestos containing material, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance(vi) a carcinogen.

Appears in 2 contracts

Sources: Office Lease (Avi Biopharma Inc), Office Lease (E Comnetrix Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions (subject to the provisions of Section 2.5) and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentscontents (unless Tenant pays any such increase in cost), and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including including, without limitation limitation, all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Notwithstanding the foregoing, to the extent that construction or rehabilitation of the Building structure or to the systems serving the Building is required in connection with the foregoing compliance, Landlord shall perform such construction or rehabilitation and the costs thereof, subject to the limitations on "capital" repairs or replacements contained in Section 4.2(g), shall be considered as part of "Project Costs" (except to the extent that such compliance obligations (I) are triggered by or relate to Tenant's use of the Premises for other than general office purposes, or (ii) are triggered by or relate to particular alterations or improvements installed by Tenant in the Premises, in which event Tenant shall perform all required construction and/or rehabilitation at its sole cost and expense). Tenant shall comply at its expense with all present and future existing covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications theretoincluding, including without limitation limitation, the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall comply at its expense with any future amendments or modifications to such existing covenants, conditions, easements or reservations, and with any future covenants, conditions, easements or restrictions hereafter affecting or encumbering the Building and/or the Project, provided same do not materially impair Tenant's use and enjoyment of the Premises or materially increase Tenant's obligations or materially decrease Tenant's rights under this Lease. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.

Appears in 2 contracts

Sources: Lease Agreement (New Century Financial Corp), Lease Agreement (New Century Financial Corp)

Use. Tenant shall continuously occupy and use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, Permitted Use and shall comply with all applicable Laws relating to this Lease and/or the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises, and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the common areas of the Building, other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions, including any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be borne by Tenant). The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of insurance underwriters ruleson the Building or its contents, or for the storage of any Hazardous Materials (except as provided in Section 26 hereto), provided, however, that such matters arising in connection with T▇▇▇▇▇’s Permitted Use of the Premises are expressly permitted regardless of whether such matters are considered disreputable, create extraordinary fire hazards, or result in an increased rate of insurance on the Building or its contents. Outside storage, including storage of trucks or other vehicles, is prohibited without Landlord’s prior written consent (not to be unreasonably withheld, conditioned or delayed). If, because of a Tenant Party’s acts or because Tenant vacates the Premises, the rate of insurance on the Building or its contents increases, then Tenant shall pay to Landlord the amount of such increase on demand. Tenant shall comply at conduct its expense business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with all present other tenants or Landlord in its management of the Building, provided, however, that nuisances and future lawsinterference arising in connection with T▇▇▇▇▇’s Permitted Use of the Premises are expressly permitted regardless of whether such nuisances and interference interfere in any way with other tenants or persons having business with them. Notwithstanding the foregoing, ordinances, restrictions, regulations, orders, rules and requirements in the event of all governmental authorities that pertain to Tenant any nuisances or its use interference arising in connection with Tenant’s Permitted Use of the Premises, including without limitation all federal and state occupational health and safety requirementsTenant shall, whether upon Landlord’s reasonable request, use commercially reasonable efforts to mitigate such nuisances or not interference, provided that Tenant shall have no obligation to effect any mitigation efforts that would disrupt or otherwise disturb Tenant’s compliance will necessitate expenditures or interfere with operation of its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against business on the Premises or Tenant which may be allocated to for the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancePermitted Use.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Polarityte, Inc.), Lease Agreement (Polarityte, Inc.)

Use. The Premises are to be used only for general office purposes and for no other business or purpose without the prior written consent of Landlord. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant shall use immediately cease the Premises only for performance of such unlawful act or such act that is increasing or has increased the purposes stated existing rate of insurance and shall pay to Landlord any and all increases in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals insurance premiums resulting from such breach. Tenant shall not commit or allow to be obtained by committed any waste upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in the Building. If any of Tenant's office machines or equipment unreasonably disturb any other tenant in the Building, then Tenant from all relevant shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance at its sole cost and required governmental agencies and authoritiesexpense. The parties agree that Tenant shall not, without Landlord's prior consent, install any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition equipment, machine, device, tank or vessel which is subject to any other available remedyfederal, state or local permitting requirement. Tenant, at its expense, shall procurecomply with all laws, maintain statutes, ordinances and make governmental rules, regulations or requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant, at its expense, shall comply with all laws, statutes, ordinances, governmental rules, regulations or requirements, and the provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the Premises and shall observe such reasonable rules and regulations as may be adopted and made available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required to Tenant by Landlord from time to time for the proper safety, care and lawful conduct cleanliness of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectBuilding and for the preservation of good order therein. The current rules and regulations for the Building are attached hereto as EXHIBIT F. Without limiting the foregoing, Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit agrees to be done anything wholly responsible at Tenant's sole cost and expense for any accommodations or alterations which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain need to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated made to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Sectionthe Americans With Disabilities Act of 1990, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceas amended.

Appears in 2 contracts

Sources: Lease (Texas Roadhouse, Inc.), Lease (Texas Roadhouse, Inc.)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s reasonable inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future existing covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also comply at its expense with any future amendments or modifications to such existing covenants, conditions, easements or reservations, and with any future covenants, conditions, easements or restrictions hereafter affecting or encumbering the Building and/or the Project, provided same do not materially impair Tenant’s use or enjoyment of the Premises. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all future and present laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities, and with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or the Project, results in a “capital” improvement on Tenant’s part (or Tenant’s being obligated to reimburse Landlord for a “capital” improvement), Tenant shall only be responsible for the amortized cost of such “capital” improvement (amortized at a market cost of funds as reasonably determined by Landlord) over the useful life of said improvement during the Term, except in the event each obligation for “capital” improvements is required due to Tenant’s particular use of the Premises (in which case Tenants shall be fully responsible for the entire cost and installation of each “capital” investment).

Appears in 2 contracts

Sources: Industrial Lease (Cryocor Inc), Industrial Lease (Cryocor Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. TenantThe uses prohibited under this Lease shall include, at its expensewithout limitation, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the PremisesPremises or a portion thereof for (i) intentionally omitted; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) intentionally omitted; (iv) schools, special classrooms or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not permit more than nine (9) persons on each balcony of the Premises at any time. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials (as such materials may be identified in any federal, state or encumbering local law or regulation) in the Building and/or Project, and any amendments Premises or modifications thereto, including Project without limitation the payment prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws (“Allowed Materials”). Tenant agrees that it shall promptly complete and deliver to Landlord any periodic disclosure form regarding hazardous or special dues toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or assessments charged against toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon 24 hours prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant generated, handled, stored or disposed of Hazardous Materials in the Premises or the Project, except for the Allowed Materials. In all events Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord in the manner elsewhere provided in this Lease from any liability and/or expense resulting from release of hazardous or toxic materials caused by Tenant’s noncompliance, its agents, employees, contractors, subtenants or licensees. As of the date hereof, Landlord represents, to the best of its knowledge, the Premises is free of any hazardous materials. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Sources: Office Space Lease (Neothetics, Inc.), Office Space Lease (Neothetics, Inc.)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not knowingly do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable and reasonable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function to the extent such rules and requirements are provided to Tenant. Subject to the express provisions of this Lease to the contrary, Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain particularly to Tenant or its particular use of the Premises and/or pertain only to the interior of the Premises, including including, without limitation limitation, all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any future covenants, conditions, easements or restrictions, and any amendments or modifications theretothereto which do not materially derogate the rights of Tenant or materially increase the obligations of Tenant hereunder, including including, without limitation limitation, the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.

Appears in 2 contracts

Sources: Lease Agreement (Broadcom Corp), Industrial Lease (Broadcom Corp)

Use. Tenant a. In no event shall Lessee use or permit the use of the Premises only for the purposes stated in Item 3 of the Basic Lease Provisionsany purpose other than general office use (which may include, all in accordance subject to compliance with applicable laws and restrictions governmental requirements, use of the Premises for non- destructive, research and pursuant development purposes and for other incidental lawful uses, all not involving Hazardous Materials (other than "Standard Office Hazardous Materials" as hereinafter defined), and all in a manner consistent with operation within a first-class general office use building, so as not to approvals exceed the capacity of the mechanical and utility systems serving, and/or the floor load capacity of, the Premises or interfere with the use or occupancy of any other occupant of the Building). Lessor and Lessee hereby acknowledge and agree that the foregoing use restriction is an absolute prohibition against a change in use of the Premises as contemplated under California Civil Code Section 1997.230. Lessee shall not do or permit to be obtained by Tenant from all relevant done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or the Project or any of its contents, or cause cancellation of any insurance policy covering the Building or the Project or any part thereof or any of its contents. Lessee shall not, without prior consent of Lessor, bring into the Building or the Premises or use or incorporate in the Premises any apparatus, equipment or supplies that may cause substantial noise, odor, or vibration or overload the Premises or the Building or any of its utility or elevator systems or jeopardize the structural integrity of the Building or any part thereof. Lessee and required governmental agencies and authorities. The parties agree Lessee's Agents shall not use, store, or dispose of any "Hazardous Materials" (defined below) on any portion of the Project, except, however, that any contrary use nothing contained in this Lease shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted prohibit Lessee's use of customary general office supplies typically used in an office area in the ordinary course of business. such as copier toner, liquid paper, glue and ink, for use in the manner for which they were designed, in such amounts and in a manner as is normal for first-class general office use but containing substances technically constituting Hazardous Materials under this Lease (collectively, "Standard Office Hazardous Materials"). Without limiting the generality of the foregoing, Lessee shall not (either with or without negligence) cause or permit the escape, disposal or release of any Hazardous Materials in, on or below the Premises or Any other portion of the Project. If any lender or governmental agency shall ever require testing to ascertain whether or not them has been any release or other use of Hazardous Materials at the Premises during the Term of this Lease, then the reasonable costs thereof shall be reimbursed by Lessee to Lessor upon demand as additional rent. In addition, Lessee shall execute such affidavits, representations and certifications as may be reasonably required by Lessor from time to time concerning Lessee's best knowledge and belief regarding the presence of Hazardous Materials at the Premises. Tenant Lessee shall indemnify, defend with counsel acceptable to Lessor, and hold Lessor and Lessor's employees, agents, partners, officers, directors and shareholders harmless from and against any and all claims, actions, suits, proceedings. orders, judgment, losses, costs, damages, liabilities. penalties, or expenses (including, without limitation, attorneys' fees) arising in connection with the breach of the obligations described in any of the previous four sentences and the obligations of Lessee pursuant hereto and under the previous four sentences shall survive the Lease Termination. As used in this paragraph, "Hazardous Materials" means any chemical, substance or material which has been determined or is hereafter determined by any federal, state, or local governmental authority to be capable of posing risk of injury to health or safety, including, without limitation, petroleum, asbestos, polychlorinated biphenyls, radioactive materials, radon gas, and/or biologically and/or chemically active materials. Without limiting the generality of the foregoing. the definition of "Hazardous Materials" shall include those definitions found in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. (S)(S) 9601 et seq., the -- --- Resource Conservation and Recovery Act of 1976, 42 U.S.C. (S)(S) 6901 et seq., -- --- the Hazardous Materials Transportation Authorization Act, 49 U.S.C. (S)(S) 5101 et seq., the National Environmental Policy Act, 42 U.S.C. (S)(S) 4321 et seq., -- --- -- --- the Clean Water Act, 33 U.S.C. (S)(S) 1251 et seq., the Clean Air Act, 42 U.S.C. -- --- (S)(S) 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. (S)(S) 2601 et -- --- -- seq., the Safe Drinking Water Act, 42 U.S.C. (S)(S) 300f et seq., the --- -- --- Occupational Safety and Health Act, 29 U.S.C. (S)(S) 651 et seq., Division 20 of -- --- the California Health and Safety Code commencing at Section 24000, Division 7 of the California Water Code commencing at Section 13000, each as amended from time to time, and all similar federal, state and local statutes and ordinances and all rules, regulations or policies promulgated thereunder. Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, Project or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant Lessee cause, maintain or permit any nuisance in, on or about the Promises. Lessee shall not commit or suffer to be committed any waste in or upon the Premises. Lessor shall promptly notify Lessee of any Hazardous Materials actually known by Lessor (without duty of investigation or imputation of knowledge) to exist in or about the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in other portions of the Project other than inside at levels in violation of applicable laws or which otherwise pose a material risk of having a material and adverse affect upon the Premises. Tenant shall not do or permit operation of Lessee's business from the Premises (including, without limitation, access to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the PremisesPremises and parking areas serving the Project). If requested by I as within thirty (30) days following the execution of this Lease, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant Lessor shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant promptly provide to Lessee copies of any periodic Hazardous Materials reports or special dues other environmental reports respecting the Project then existing in Lessor's possession, which reports shall be maintained by Lessee in strict confidence. Notwithstanding anything to the contrary contained herein, Lessee shall not be responsible (either directly or assessments charged against as an item of Building Service Expenses or as an item of Project Expenses) for costs related to the testing, remediation and/or presence of Hazardous Materials on or about the Premises or Tenant which may be allocated Project except to the Premises extent caused to be present thereon or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for thereabout by Lessee, any additional insurance premium charged by reason subtenant of Tenant’s failure to comply with the provisions Lessee and/or any of this Sectiontheir respective employees, and shall indemnify Landlord from any liability agents, representatives, contractors and/or expense resulting from Tenant’s noncomplianceinvitees.

Appears in 2 contracts

Sources: Net Office Lease (Chordiant Software Inc), Net Office Lease (Chordiant Software Inc)

Use. Tenant The Premises shall use the Premises only not be used or occupied for any purpose other than for the purposes stated in Item 3 Permitted Use, and neither Tenant nor Tenant’s Occupants shall do anything that may (a) increase the existing rate or violate the provisions of any insurance carried with respect to the Basic Lease ProvisionsProperty, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to (b) create a public or private nuisance, commit waste or unreasonably interfere with, annoy or disturb any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do tenant or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants occupant of the Building or Landlord in the Projectoperation of the Building, (c) overload the floors or use otherwise damage the structure of the Building, (d) constitute an illegal or allow the Premises to be used for any unlawful reasonably objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or (e) increase the cost of any insurance policy(iesutility service beyond the level permitted by Paragraph 8, (f) covering violate any present or future laws, ordinances, regulations or requirements or any covenants, conditions and restrictions existing with respect to the Property, (g) subject Landlord or any other tenant to any liability to any third party, or (h) lower the first-class character of the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall shall, at Tenant’s sole cost, (v) use the Premises in a careful and safe manner, (w) comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules regulations and requirements and any covenants, conditions and restrictions existing with respect to the Property, including, without limitation, those relating to hazardous substances, hazardous wastes, pollutants or contaminants and those relating to access by disabled persons, (x) comply with the requirements of all governmental authorities that pertain any board of fire underwriters or other similar body relating to Tenant or its use of the Premises, including (y) keep the Premises free of reasonably objectionable noises and odors, including, without limitation all federal limitation, cigar, pipe and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectsimilar smoke odors, and any amendments (z) not store, use or modifications thereto, including without limitation the payment by Tenant dispose of any periodic hazardous substances, hazardous wastes, pollutants or special dues or assessments charged against contaminants on the Premises or Tenant which may be allocated to the Premises or Tenant Property, except for de minimis quantities of typical cleaning and office supplies that are stored, used and disposed of in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Sectionall applicable laws, ordinances, regulations and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancerequirements.

Appears in 2 contracts

Sources: Office Lease (Cricut, Inc.), Office Lease (Cricut, Inc.)

Use. (a) The Premises shall be used for general business and professional office purposes only and for no other purpose without the prior written consent of Landlord, which consent may be granted or denied in Landlord's absolute discretion. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals not do or permit to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief done in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of or about the Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or would in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall not do or permit anything to be done in or about the Premises which will would in any way obstruct or interfere with the rights of other occupants tenants of the Building Building, or the Projectinjure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful purposeor objectionable purposes, nor shall Tenant cause, maintain or permit any nuisance or commit waste in, on or about the Premises. (b) Tenant shall not cause or permit the storage, use, generation, release, or disposal (collectively, "Handling") of any waste in Hazardous Materials (as defined below), in, on, or about the Premises or the Project. Building by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall not perform any work be permitted to use normal quantities of office supplies or conduct any business whatsoever products (such as copier fluids or cleaning supplies) customarily used in the Project other than inside conduct of general business office activities ("Common Office Chemicals"), providing that the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost Handling of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant such Common Office Chemicals shall comply at its expense all times with all present and future lawsHazardous Materials Laws (as defined below). Notwithstanding anything to the contrary contained herein, ordinanceshowever, restrictionsin no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Building to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant's obligations under this Section shall survive the expiration or other termination of this Lease. For purposes of this Section "Hazardous Materials" means any explosive, regulationsradioactive materials, ordershazardous wastes, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premiseshazardous substances, including without limitation limitation, asbestos and asbestos containing materials ("ACMs"), PCBs, CFCs, or substances defined or regulated as hazardous substances or hazardous materials in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 42 U.S.C. Section 1001-1012; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other federal, state or local law, ordinance or regulation. "Hazardous Materials Laws" shall mean all federal and state occupational health and safety requirementsfederal, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectstate, and any amendments local laws, ordinances and regulations defining, regulating, restricting or modifications theretootherwise governing the storage, including without limitation the payment by Tenant use, generation, release or disapproval of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceHazardous Materials.

Appears in 2 contracts

Sources: Office Lease (NBC Internet Inc), Office Lease (Xoom Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.

Appears in 2 contracts

Sources: Industrial Lease (Information Management Associates Inc), Industrial Lease (Phoenix Technologies LTD)

Use. Tenant shall use and occupy the Premises only for the purposes stated uses set forth in Item 3 Article 1.G. of the Basic Lease Provisions, all in accordance with applicable laws Provisions and restrictions and pursuant to approvals shall not use or occupy the Premises or permit the same to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to used or occupied for any other available remedypurpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to unreasonably interfere with or unreasonably infringe upon the rights of other tenants or occupants in the Project. TenantTenant shall, at its sole cost and expense, shall procurepromptly comply with all laws, maintain and make available for Landlord’s inspection throughout statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the Term, all governmental approvals, licenses and permits required for specific use or occupancy of the proper and lawful conduct of Tenant’s permitted Premises by Tenant (as opposed to the general use of the Premises. Tenant shall not do ), and (ii) improvements installed or permit anything to be done constructed in or about the Premises which will in any way interfere with by or for the rights benefit of other occupants Tenant. If Tenant permits more than six (6) people per one thousand (1,000) rentable square feet of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste occupy the Premises in the Premises or the Project. Tower at any time, Tenant shall not perform any work or conduct any business whatsoever in acknowledges that the Project other than inside systems may not be sufficient for Tenant’s use of the PremisesPremises and Landlord shall have no liability or responsibility for the inadequacy of such systems. Tenant shall not do or permit to be done anything which will would invalidate or increase the cost of any insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules regulations and requirements of all governmental authorities that pertain any organization which sets out standards, requirements or recommendations commonly referred to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectby major fire insurance underwriters, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance premium charged policy assessed or increased by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceArticle 7.

Appears in 2 contracts

Sources: Standard Office Lease, Standard Office Lease (Coinstar Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief relief, in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or nor permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Office Building or the Projectuse, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Office Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesunderwriters' rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply comply, at its expense expense, with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation limitation, all federal and state occupational occupational, health and safety requirementsrequirements and all recorded covenants, conditions and restrictions affecting the Office Building whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials, as such materials may be identified in any federal state or encumbering the Building and/or Projectlocal law or regulation, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against in the Premises or Tenant the Office Building without the prior written consent of Landlord, which consent may be allocated refused or conditioned by Landlord in its discretion. ▇▇▇▇▇▇ agrees that it shall promptly complete and deliver to the Premises or Tenant in accordance with the provisions thereofLandlord any disclosure form regarding hazardous materials that may be required by any governmental agency. Tenant shall promptly promptly, upon demand demand, reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, Section and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s ▇▇▇▇▇▇'s noncompliance. Tenant acknowledges that: (a) the Office Building does not comply in certain respects with the requirements of the Americans with Disabilities Act; and (b) certain portions of the Office Building contain asbestos containing materials. ▇▇▇▇▇▇▇▇ has been advised that these materials are non-friable and do not represent a health risk. ▇▇▇▇▇▇ is invited to review reports concerning these matters on file at the office of the Office Building.

Appears in 2 contracts

Sources: Assignment of Lease (NBC Internet Inc), Assignment of Lease (Xoom Inc)

Use. Tenant shall use the Premises only solely for the purposes stated in Item 3 of Permitted Use, and shall not use the Basic Lease ProvisionsPremises, all in accordance with applicable laws and restrictions and pursuant to approvals or permit or suffer the Premises to be obtained by used, for any other purpose without Landlord's prior written consent, which consent Landlord may withhold in its sole but reasonable discretion. Tenant from shall comply, and cause Tenant Parties to comply, with all relevant Applicable Laws, zoning ordinances and required governmental agencies certificates of occupancy issued for the Premises or any portion thereof. Tenant shall not make any penetrations in the roof of any Building without the consent of Landlord, and authorities. The parties agree that any contrary use work on the roof shall be deemed to cause material and irreparable harm to Landlord undertaken by contractors approved by the company providing the warranty for the roof and shall entitle Landlord otherwise be performed in such a manner so as not to injunctive relief in addition violate any roof warranty and, if there is no roof warranty, to the standards which the company previously providing the roof warranty would require if there was a roof warranty. Tenant shall not commit, or allow Tenant Parties to commit, any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use waste of the Premises. Tenant shall not do do, or permit Tenant Parties to do, anything to be done in on or about the Premises which will that in any way interfere with invalidates or prevents the rights procuring, of other occupants any insurance protecting against loss or damage to any portion of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their its contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain or against liability for damage to Tenant property or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether injury to persons in or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment about any portion of the Premises. For purposes hereof, "Tenant shall comply at its expense Parties" means Tenant's agents, contractors, subcontractors, employees, customers, licensees, invitees, assignees and subtenants; and the term "Applicable Laws" means all federal (to the extent not in direct conflict with all present applicable state, municipal or local cannabis licensing and future covenantsprogram laws, conditionsrules and regulations), easements state, municipal and local laws, codes, ordinances, rules and regulations of governmental authorities, committees, associations, or restrictions now other regulatory committees, agencies or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against governing bodies having jurisdiction over the Premises or any portion thereof, Landlord or Tenant, including both statutory and common law, hazardous waste rules and regulations, and state cannabis licensing and program laws, rules and regulations. Tenant which may be allocated to only place equipment within the Premises or Tenant in accordance with floor loading consistent with the provisions thereofapplicable Building's structural design unless Tenant obtains Landlord's prior written approval. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason may place such equipment only in a location designed to carry the weight of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancesuch equipment.

Appears in 2 contracts

Sources: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)

Use. (a) The Premises are to be used and occupied by Tenant (and its assignees and subtenants permitted hereunder) solely for general office use and for no other purpose. However, such permitted use shall use include software development, sales, implementation, support and related services for the banking industry. Without limiting the foregoing, the Premises only shall not be used for any purpose which would tend to lower the purposes stated in Item 3 Class A character of the Basic Lease ProvisionsBuilding, all in accordance or create excessive elevator loads and/or usage, or increase wear and tear on the Building’s mechanical, electrical and plumbing systems, or increase the Building’s maintenance and/or janitorial services or otherwise interfere with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premisesstandard Building operations. Tenant shall not do be allowed to (i) have more than five and three tenths (5 3/10) persons per one thousand (1,000) square feet of Rentable Area occupy the Premises (excluding open houses, work-shops or other temporary events or functions which temporarily increase the number of persons in the Premises), (ii) operate separate shifts of employees from the Premises (provided, Tenant may access and allow its employees use of the Premises after normal business hours), (iii) use the space for the purpose of providing telemarketing services (provided that the foregoing restriction shall not prohibit Tenant from conducting phone-based customer service and sales activities from the Premises), (iv) use the space as a consular office for any foreign government or (v) use the space as an office for any governmental or regulatory authority, agency or bureau (b) Tenant shall not occupy or use the Premises, or permit any portion of the Premises to be occupied or used, for any business or purpose which violates any exclusive given to other tenants in the Project or which is unlawful, disreputable or deemed to be hazardous on account of fire or other hazards, or permit anything to be done in or about the Premises which will would in any way interfere with increase the rights rate of fire or liability or any other occupants insurance coverage on the Building and/or its contents, or which would produce strong, unusual or offensive odors, fumes, dust or vapors, or that is a public or private nuisance, or that emits noise or sounds that are objectionable to a person of reasonable judgment due to intermittence, beat, frequency, shrillness or loudness. Landlord acknowledges Tenant’s proposed use does not violate any exclusive given to another tenant or, to Landlord’s knowledge, which would increase the rate of fire, liability, or other coverage on the Building or the Project, or use or allow its contents. Tenant shall not permit any cooking within the Premises to except the use of a microwave oven. Tenant agrees that no food, soft drink or other vending machine may be used for any unlawful purposeinstalled within the Premises without the written consent of Landlord, nor which shall not be unreasonably withheld or delayed. The Building is a “non-smoking” Building. Tenant permit any nuisance or commit any waste agrees that no smoking is allowed in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost Public Areas of any insurance policy(ies) covering the Building. “Public Areas” shall include but are not limited to: the Parking Facilities, the Project and/or their contentsbuilding lobbies, elevators, elevator lobbies, corridors, restrooms, mailrooms, public break rooms, stairwells, sidewalks, exterior entrances, and shall comply with all applicable insurance underwriters rulespedestrian tunnels (if any). Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of Landlord has designated the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceLakeside Break Area as an area where smoking is permitted.

Appears in 2 contracts

Sources: Lease Agreement (Q2 Holdings, Inc.), Lease Agreement (Q2 Holdings, Inc.)

Use. Tenant A. The PREMISES shall be used and occupied by LESSEE solely for the storage of active aircraft. Aircraft maintenance is restricted to the preventative maintenance specified in the Federal Aviation Regulations at 14 CFR 43.3(h) and Appendix A, subsection (c), except subparagraph (c)(9) (spray painting is expressly prohibited). LESSEE shall take such steps as necessary to ensure that the performance of such maintenance work does not damage the PREMISES. LESSEE shall control the conduct and demeanor of its employees and invitees, and of those doing business with it, in and around the AIRPORT and shall take all steps necessary to remove persons whom the County may, for good and sufficient cause, deem objectionable. B. LESSEE shall not commit or suffer to be committed any waste upon the PREMISES or airport lands or any public or private nuisance or any other act or thing which may disturb the quiet enjoyment of any other person or organization at the AIRPORT. LESSOR shall not use the Premises only PREMISES for any unlawful purposes, nor violate any laws, ordinance or reasonable and lawful directive issued by the purposes stated in Item 3 Airport Manager or his/her agent(s). ▇. ▇▇▇▇▇▇ shall take good care of the Basic Lease ProvisionsPREMISES and make all repairs necessitated by ▇▇▇▇▇▇’s use, abuse, or misuse of the PREMISES. LESSEE shall at all times maintain the PREMISES and any airport grounds used in accordance conjunction with applicable laws ▇▇▇▇▇▇’s operations in a clean and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesorderly manner. The parties agree that No junk, trash, refuse, material, substance or discharge of any contrary use kind shall be deemed caused or permitted by LESSEE to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do exist or permit anything to be done accumulate in or about the Premises PREMISES or any of the LESSEE’s operational sites or sites utilized by the LESSEE on the airport lands at any time during the term of the Lease. ▇▇▇▇▇▇’s method of lighting the PREMISES and its installation of all exterior light fixtures shall be subject to LESSOR’s prior approval, which will shall not unreasonably be withheld. LESSEE shall maintain access control to the PREMISES in conformance with Federal Airport Security regulations, and other federal and LESSOR policies, directives and regulations that may be issued. For the purpose of vehicle storage while aircraft is in use, the LESSEE may utilize the space immediately adjacent to the hangar, provided access to other airport uses is not restricted. No long term storage is permitted outside of the hangar. ▇. ▇▇▇▇▇▇ shall keep the hangar and the PREMISES free from liens arising out of any work performed, material furnished, hazards created, or any obligations incurred by LESSEE and LESSEE shall hold LESSOR harmless therefrom. ▇. ▇▇▇▇▇▇ agrees not to make use of the PREMISES or any airport location in any way manner which might interfere with the rights landing and taking off of other occupants aircraft from the AIRPORT, or that would otherwise constitute a hazard; in this Lease, hazard determination is an exclusive right of the Building LESSOR and shall be made at the discretion of the LESSOR. In the event the aforesaid covenant is breached, the LESSOR or its agent(s) reserves the Projectright to enter upon the PREMISES and cause the abatement of such interference at the sole expense of ▇▇▇▇▇▇. F. Unless otherwise specified in writing by the LESSOR, the LESSEE shall not use the PREMISES to store any type of flammable, combustible, toxic or explosive substances other than that contained within the aircraft itself. Cleaning and lubricating materials in no greater quantities than to service one aircraft shall be permitted. No aircraft exterior or interior used in any agricultural operation shall be washed or otherwise cleaned at the AIRPORT or upon any airport lands. No aircraft parts shall be washed or otherwise cleaned unless done indoors and on the PREMISES with an effective recovery system, approved by ▇▇▇▇▇▇, employed as part of the cleaning operation. Steam cleaning shall only be allowed indoors and on the PREMISES in conjunction with an approved recovery system. Under no circumstance shall any waste product of any cleaning operation be allowed to drain, leak or otherwise enter outdoors, or drain into a sewer or other storm drainage system. All applicable County, State and Federal laws regarding the above-mentioned substances shall be obeyed. G. LESSEE shall keep the PREMISES for its exclusive use or allow the Premises to be used and shall pay for any unlawful purpose, nor shall Tenant permit any nuisance repairs or commit any waste in the Premises damage caused by its negligence or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at misuse by its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceinvitees.

Appears in 2 contracts

Sources: Airport Hangar Lease, Airport Hangar Lease

Use. 10.1 Tenant shall may use the Premises only for laboratory research and development and related administrative, office and other ancillary uses as permitted by (i) the purposes stated in Item 3 applicable zone under the City of the Basic Lease ProvisionsSan Diego Land Development Code, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to (ii) any other available remedy. Tenantlaws, at its expenseregulations, shall procureordinances, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything applicable to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, and (iii) all covenants, conditions and restrictions recorded against the property, and shall not use the Premises, or use permit or allow suffer the Premises to be used for any unlawful purpose, nor other purpose without the prior written consent of Landlord. 10.2 Tenant shall Tenant permit any nuisance or commit any waste in conduct its business operations and use the Premises or in compliance with all federal, state, and local laws, regulations, ordinances, requirements, permits and approvals applicable to the ProjectPremises. Tenant shall not perform use or occupy the Premises in violation of any work law or conduct regulation or the certificate of occupancy issued for the Building, and shall, upon five (5) days written notice from Landlord, discontinue any business whatsoever in use of the Project other than inside Premises which is declared by any governmental authority having jurisdiction to be a violation of law or the certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to Tenant’s particular use or occupation thereof. Tenant shall not be deemed to be in default of the foregoing obligation if it has the right to appeal such directive and Tenant prosecutes such appeal in a timely fashion and in a manner that does not impose or threaten to impose any lien, charge or other obligation on Landlord or any portion of the Project. 10.3 Tenant shall not do or permit to be done anything which will invalidate or increase the cost (unless Tenant agrees to pay such increased cost) of any fire, extended coverage or any other insurance policy(ies) policy covering the BuildingPremises, the Project and/or their contentsor which will make such insurance coverage unavailable on commercially reasonable terms and conditions, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules regulations and requirements of all governmental authorities that pertain to Tenant or its use the insurers of the Premises. 10.4 Subject to the warranty of Landlord in Section 14.3, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall cause the Premises to comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or ProjectAmericans with Disabilities Act of 1990 (“ADA”), and any amendments or modifications theretothe regulations promulgated thereunder, including without limitation as amended from time to time. All responsibility for compliance with the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated ADA relating to the Premises and the activities conducted by Tenant within the Premises after the Term Commencement Date shall be exclusively that of Tenant and not of Landlord, including any duty to make capital improvements, alterations, repairs and replacements to the Premises; provided, however, (i) Landlord shall be responsible for compliance with the ADA to the extent of a violation of Landlord’s warranty in Section 14.3; (ii) Landlord shall make all improvements outside of the Premises required for compliance with the ADA (with only the amortized costs of capital improvements payable by Tenant as an Operating Expense under Section 7.1(b)); and (iii) neither Tenant nor Landlord shall be required to make capital improvements, alterations, repairs or replacements to comply with the ADA unless and until required to do so by order of a government entity or court of law exercising proper jurisdiction with regard thereto, subject to any right to appeal or otherwise contest any such order. Any alterations to the Premises made by Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with the provisions thereof. Tenant Article 17; provided, that Landlord’s consent to such alterations shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason not constitute either Landlord’s assumption, in whole or in part, of Tenant’s failure to responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of this Sectionthe ADA. 10.5 Tenant may install signage on and about the Premises to the extent permitted by, and in conformity with, applicable provisions of the City of San Diego Sign Ordinance, and to the extent approved by Landlord, which approval shall indemnify not be unreasonably withheld or delayed. Tenant acknowledges that it understands that other tenants will occupy space in the Project, and that the maximum allowable signage is to be shared among all of the tenants on a fair and reasonable basis. Tenant further acknowledges it is familiar with the restrictions of the City of San Diego Sign Ordinance, and is not relying on any representations or warranty of Landlord regarding the number, size or location of any signage. Notwithstanding the foregoing, subject to Landlord’s reasonable approval and all applicable laws, Tenant shall be entitled to display at least one exterior sign identifying Tenant near the entrance to the Building. The expense of design, permits, purchase and installation of any signs shall be the responsibility of Tenant and the cost thereof shall be borne by Tenant. At the termination of the Lease, all signs shall be the property of Tenant and may be removed from the Premises by Tenant, subject to the provisions of Article 36. 10.6 No equipment shall be placed at a location within the Building other than a location designed to carry the load of the equipment. Equipment weighing in excess of floor loading capacity shall not be placed in the Building. 10.7 Tenant shall not use or allow the Premises to be used for any liability and/or expense resulting from Tenant’s noncomplianceunlawful purpose, nor shall Tenant cause, maintain or permit any nuisance or waste in, on, or about the Premises. 10.8 Landlord shall provide services to the Project described on Exhibit H attached hereto, subject to reimbursement by Tenant as Operating Expenses pursuant to Section 7.1(b).

Appears in 2 contracts

Sources: Lease (Genelux Corp), Lease (Genelux Corp)

Use. Tenant covenants that the Premises will not be used so as to interfere with other tenants in the Building. Tenant also covenants that no noise or noxious fumes or odors will be created by Tenant so as to interfere with the quiet enjoyment of the other tenants of their respective demised portions of-the Building. Landlord shall be the sole judge on the question of noise, noxious frames and odors, Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws provide and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenantmaintain, at its expense, the handheld fire extinguishers that are required to be maintained in Premises by the governmental agency having jurisdiction over this matter. Neither this lease nor any use by Tenant shall procuregive Tenant any right or easement to the use of any door or passage or concourse connecting with any other building or to any public conveniences, maintain and make available for Landlord’s inspection throughout the Termuse of such doors and passages and concourse and of such conveniences may be regulated and/or discontinued at any time and from time to time by Landlord without notice to Tenant. Tenant shall, at its own expense, procure all governmental approvalsnecessary certificates, permits, orders or licenses and permits which may be required for the proper and lawful conduct of Tenant’s permitted its business by any governmental statute, regulation, ordinance or agency and all governmental requirements relating to the use or uses of the PremisesPremises by the Tenant shall be complied with by Tenant at its own expense. Landlord shall obtain a Certificate of Occupancy for the Premises following completion of Landlord’s Work. Tenant shall not do or permit anything be permitted to be done in or about the Premises which will in store any way interfere with the rights items, including, without limitation, inventory, furniture and equipment, outside of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectBuilding. The use of the Premises for the purposes specified in this Article shall not in any event be deemed to include, and Tenant shall not perform use, or permit the use of, the Premises or any work part thereof for: (a) sale of, or conduct traffic in, any business whatsoever spirituous liquors, wines, ale or beer kept in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost ; (b) sale at retail of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant other products or its use of materials kept in the Premises, including without limitation all federal by vending machines or otherwise, or demonstrations to the public; (c) manufacturing, printing or electronic data processing, except for the operation of normal business office reproducing or printing equipment, electronic data processing equipment and state occupational health and safety requirements, whether or not other business machines for Tenant’s compliance will necessitate expenditures or interfere with its own requirements at the Premises, provided only that such use and enjoyment shall not exceed that portion of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements mechanical or restrictions now or hereafter affecting or encumbering electrical capabilities of the Building and/or Projectequipment allocable to the Premises; (d) the rendition of medical, and any amendments or modifications thereto, including without limitation other diagnostic or therapeutic services; (e) the payment by Tenant conduct of a public auction of any periodic kind; or special dues (f) a restaurant, bar, or assessments charged against the Premises sale of confectionery, tobacco, newspapers, magazines, soda, beverages, sandwiches, ice cream, baked goods or Tenant which may be allocated to similar items, or the Premises preparation, dispensing or Tenant consumption of food and beverages in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancemanner whatsoever.

Appears in 2 contracts

Sources: Sub Lease Agreement (Loxo Oncology, Inc.), Lease Agreement (Loxo Oncology, Inc.)

Use. (a) Tenant shall will use and occupy the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws General Office and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary for no other use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premisesor purpose. Tenant shall not do suffer or permit the Premises or any part thereof to be used in any other manner, or suffer or permit anything to be done or brought into or kept in or about the Premises Premises, which will would in any way way: (i) violate any law or requirement of public authorities; (ii) cause injury to the Building or any part thereof, (iii) interfere with the rights normal operations of air conditioning, ventilating, plumbing or other occupants mechanical or electrical systems of the Building; (iv) constitute a public or private nuisance; (v) alter the appearance of the exterior of the Building or any portion of the Project, or use or allow interior other than the Premises pursuant to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this SectionLease; or (vi) commit such actions or inactions that generate a direct increase in Landlord's expenses to operate the Building in which the Premises are located, which cannot be fairly allocated amongst other tenants in the Building. (b) Tenant shall not make any alterations or additions to the Premises, or install any high voltage or amperage electrical equipment or plumbing apparatus in the Premises, without the prior written consent of Landlord. If Tenant shall require special electrical, plumbing, maintenance or other special services or equipment during the Term, and Landlord consents thereto, Tenant agrees to pay for all installation costs and all expenses incurred in connection with Tenant's use of such special services and equipment. (c) At the termination of this Lease, Tenant shall, at Landlord's option, restore the Premises to its "as is" original condition within ten (10) days from Lease Termination. If Tenant fails to do so, Landlord shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancecharge Tenant for such work and Tenant shall immediately pay such charge upon demand by Landlord.

Appears in 2 contracts

Sources: Lease Agreement (Interactive Technologies Com LTD), Lease Agreement (Interactive Technologies Com LTD)

Use. (a) Tenant shall be permitted to use the Leased Premises only for any and all Lawful purposes, subject, however, to all applicable zoning ordinances, restrictive covenants, Laws, governmental authority, the purposes stated in Item 3 orders, rules and regulations of the Basic Lease ProvisionsBoard of Fire Insurance Underwriters and any similar bodies having or asserting jurisdiction, all thereof now in accordance with applicable laws effect or hereafter adopted by any governmental authority having or asserting jurisdiction and such conditions, restrictions and pursuant other encumbrances, if any, to approvals to be obtained by Tenant from all relevant which the Leased Premises are subject at the time of execution and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. delivery hereof. (b) Tenant shall not use or occupy or permit the Leased Premises to be used or occupied, nor do or permit anything to be done in or about on the Leased Premises which will or any part thereof, in a manner that would in any way interfere with the rights of other occupants violate any of the Building Laws or any certificate of occupancy affecting the ProjectLeased Premises or make void or voidable any insurance then in force with respect thereto, or use that may make it impossible to obtain fire or allow the Premises other insurance thereon required to be used for furnished hereunder by Tenant, or that will cause or be likely to cause structural injury to any unlawful purpose, nor shall Tenant permit any of the Improvements or that will constitute a public or private nuisance or commit waste. Nothing contained in this Lease and no action or inaction by Landlord shall be deemed or construed to mean that Landlord has granted to Tenant any waste right, power or permission to do any act or to make any agreement that may create, give rise to, or be the foundation for, any right, title, interest, lien, charge or other encumbrance upon the estate of Landlord in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Leased Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.

Appears in 2 contracts

Sources: Lease (Kellstrom Industries Inc), Lease (Aviation Sales Co)

Use. Section 5.01. Tenant shall use and occupy the Demised Premises for administrative, executive and general business office purposes only and for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any no other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premisespurposes. Section 5.02. Tenant shall not do suffer or permit the Demised Premises or any part thereof to be used in any manner, or suffer or permit anything to be done therein, or suffer or permit anything to be brought into or kept in or about the Demised Premises which will would in any way (i) violate any law or requirement of public authorities, (ii) cause structural injury to the Building or any part thereof, (iii) interfere with the rights normal operation of the heating, air conditioning, ventilating, plumbing or other occupants mechanical or electrical systems of the Building or the Projectelevators installed therein, (iv) constitute a public or private nuisance, or use (v) alter the appearance of the exterior of the Building or allow of any portion of the Premises interior thereof other than the Demised Premises. Tenant's signage on its entrance door shall be subject to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectLandlord's approval. Section 5.03. Tenant shall not, without the prior written consent of Landlord (which shall not perform be unreasonably withheld or delayed), allow a "Servicing Company" (defined below) to install any work telephone, data, information or conduct any business whatsoever other communications equipment in the Project Demised Premises to service premises occupied by persons other than inside Tenant and/or its affiliates. For example, the Demised Premises may not be used as a so-called "switching" or "relay" station serving third parties (that is, parties other than Tenant and its affiliates) without such consent by Landlord. In granting such consent, Landlord may require that the Servicing Company enter into a license agreement with Landlord confirming that the Servicing Company shall have no independent rights in the Demised Premises and that upon termination of this Lease, for whatever reason, the Servicing Company will have no right to leave its equipment in the Demised Premises. Landlord may make a reasonable charge to the Servicing Company for allowing it to install its equipment in the Demised Premises. A "Servicing Company" shall mean a person, firm, corporation or other entity other than ---------- Tenant shall whose equipment services not do or permit to be done anything which will invalidate or increase only the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Demised Premises, including without limitation all federal and state occupational health and safety requirements, whether but other ------ premises or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceparties as well.

Appears in 2 contracts

Sources: Lease (Ticketmaster Online Citysearch Inc), Lease (Citysearch Inc)

Use. The Premises shall be used only for general office purposes, engineering to include (a) visual inspection – requires microscope and special light as well as computer and digital camera; (b) mechanical inspection – requires force-displacement station and video camera; (c) micro processing including polishing, sharpening; (d) assembly of devices and tools; (e) electrical testing – requires oscilloscopes and amplifiers; (f) light manufacturing; (g) research and development; and for the purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. In the event, Tenant’s uses should require any permits, variances, or other requirements as in order to occupy and use the Premises, Tenant shall use the Premises only be responsible for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, securing them at its sole cost and expense. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent. Tenant shall at its own cost and expense, shall procure, maintain obtain any and make available for Landlord’s inspection throughout the Term, all governmental approvals, other licenses and permits required necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the proper and lawful conduct of Tenant’s permitted use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not do permit any objectionable or permit anything unpleasant odors, smoke, dust, gas, noise or vibrations to be done emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building or buildings in or about which the Premises which will in any way are situated or unreasonably interfere with the rights their use of other occupants of the Building their respective premises. Without Landlord’s prior written consent, Tenant shall not receive, store or the Projectotherwise handle any product, material or use merchandise which is explosive or allow highly inflammable. Tenant will not permit the Premises to be used for any unlawful purposepurpose or in any manner (including without limitation, nor shall Tenant permit any nuisance or commit any waste in method of storage) which would render the Premises insurance thereon void or the Projectinsurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises for the generation, storage, transportation or Tenant which may be allocated to the Premises disposal of dangerous, toxic or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Sectionhazardous materials, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancechemicals, wastes or similar substances.

Appears in 2 contracts

Sources: Lease Agreement (Clearside Biomedical, Inc.), Lease Agreement (Clearside Biomedical, Inc.)

Use. 2.01 Tenant shall use and occupy the Demised Premises only for executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, Tenant shall also be able to utilize the Demised Premises for a kitchen for the purposes stated testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in Item 3 the Building, Tenant shall only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the Basic Lease Provisionsright to subsequently petition Landlord for permission to install a kitchen on multiple floors, all in accordance with applicable laws and restrictions and pursuant which event the decision whether to approvals allow Tenant the ability to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use do so shall be deemed to cause material in the sole and irreparable harm to Landlord and absolute discretion of Landlord. 2.02 If any governmental license or permit shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits be required for the proper and lawful conduct of Tenant’s permitted use business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, the Land or the Building or the conduct of business thereon or therein, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the Premisessame for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or about requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises which will shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any way interfere with right to maintain a kitchen). Notwithstanding anything to the rights contrary contained herein, Tenant acknowledges that no certificate of other occupants occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building or the Project, or use or allow the Premises to be used for office purposes. If, at any unlawful purposetime, nor shall Tenant permit any nuisance or commit any waste in is prevented from lawfully using the Demised Premises or the Projectthird floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord. 2.04 In connection with any permissible cooking in the Demised Premises: (a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. (b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. (c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. (d) Tenant shall not perform cause any work food, waste or conduct other foreign substance to be thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any business whatsoever damage resulting from any violation of this Article. (e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Project other than inside the Demised Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost acknowledges that Landlord’s damages resulting from any breach of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this SectionArticle are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall indemnify Landlord be entitled to enjoin Tenant from any liability and/or expense resulting from Tenant’s noncomplianceviolation of said provisions.

Appears in 2 contracts

Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

Use. The Leased Premises will be used only for that use set forth in Tenant shall Specific Terms hereinabove, and purposes incidental to that use, and for no other purpose. TENANT will use the Leased Premises only for the purposes stated in Item 3 of the Basic Lease Provisionsa careful, all in accordance with applicable laws safe, and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesproper manner. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. TenantTENANT will, at its TENANT’s sole expense, shall procure, maintain only use and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do cause or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Leased Premises to be used or occupied for purposes or in a manner which is in full compliance with any unlawful purposeand all applicable municipal, nor shall Tenant permit any nuisance or commit any waste in county, state and federal laws, rules, directives, ordinances and regulations, permits, the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost requirements of any applicable fire insurance policy(ies) covering the Building, the Project and/or their contentsunderwriter or rating bureau, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present the recommendations of LANDLORD’s engineers and/or consultants, relating in any manner to the Leased Premises (including but not limited to matters pertaining to (i) industrial hygiene, (ii) environmental conditions on, in, under or about the Leased Premises, including soil and future lawsgroundwater conditions, ordinancesand (iii) the use, restrictionsgeneration, regulationsmanufacture, ordersproduction, rules installation, maintenance, removal, transportation, storage, spill, or release of any Hazardous Substance) and requirements any covenants, conditions or restrictions of all governmental authorities that pertain to Tenant or its use of the Premisesrecord, including without limitation all federal zoning, building and state occupational health other codes, and safety requirementsthe Americans with Disabilities Act, whether as revised from time to time, and California Title 24, now in force or which may hereafter be in force or effect (collectively, “Applicable Requirements”), which impose any duty upon LANDLORD or TENANT with respect to the use, occupation or alteration of the Leased Premises. TENANT will not Tenant’s compliance commit waste or suffer or permit waste to be committed in, on, or about the Leased Premises_ TENANT will necessitate expenditures conduct its business and control its employees, agents, and invitees in such a manner as not to violate any Applicable Requirements or to create any nuisance or interfere with, annoy, or disturb any other TENANT or occupant of the project or LANDLORD in its operation of the project. The term “nuisance” shall include, without limitation, anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with its use and the comfortable enjoyment of the Premiseslife or property. Tenant Within ten (10) days after receipt, TENANT shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectdeliver to LANDLORD written notice of, and concurrently provide Landlord with copies of (if applicable): (i) any amendments or modifications thereto, including without limitation notices alleging violations respecting the payment by Tenant project and/or the Leased Premises of any periodic Applicable Requirements; (ii) any notices of claims made or special dues threatened in writing regarding noncompliance violations respecting the project and/or the Leased Premises of any Applicable Requirements; and (iii) any notices of any governmental or assessments charged against regulatory actions or investigations instituted or threatened regarding noncompliance with violations of any Applicable Requirements as same relate to all or any portion of the Leased Premises or Tenant which may be allocated to and/or the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceproject.

Appears in 2 contracts

Sources: Standard Business Park Lease (GLAUKOS Corp), Standard Business Park Lease (GLAUKOS Corp)

Use. Tenant A. The PREMISES shall be used and occupied by LESSEE solely for the storage of active aircraft. Aircraft maintenance is restricted to the preventative maintenance specified in the Federal Aviation Regulations at 14 CFR 43.3(h) and Appendix A, subsection (c), except subparagraph (c)(9) (spray painting is expressly prohibited). LESSEE shall take such steps as necessary to ensure that the performance of such maintenance work does not damage the PREMISES. LESSEE shall control the conduct and demeanor of its employees and invitees, and of those doing business with it, in and around the AIRPORT and shall take all steps necessary to remove persons whom the County may, for good and sufficient cause, deem objectionable. B. LESSEE shall not commit or suffer to be committed any waste upon the PREMISES or airport lands or any public or private nuisance or any other act or thing which may disturb the quiet enjoyment of any other person or organization at the AIRPORT. LESSOR shall not use the Premises only PREMISES for any unlawful purposes, nor violate any laws, ordinance or reasonable and lawful directive issued by the purposes stated in Item 3 Airport Manager or his/her agent(s). C. LESSEE shall take good care of the Basic Lease ProvisionsPREMISES and make all repairs necessitated by LESSEE’s use, abuse, or misuse of the PREMISES. LESSEE shall at all times maintain the PREMISES and any airport grounds used in accordance conjunction with applicable laws LESSEE’s operations in a clean and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesorderly manner. The parties agree that No junk, trash, refuse, material, substance or discharge of any contrary use kind shall be deemed caused or permitted by LESSEE to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do exist or permit anything to be done accumulate in or about the Premises PREMISES or any of the LESSEE’s operational sites or sites utilized by the LESSEE on the airport lands at any time during the term of the Lease. LESSEE’s method of lighting the PREMISES and its installation of all exterior light fixtures shall be subject to LESSOR’s prior approval, which will shall not unreasonably be withheld. LESSEE shall maintain access control to the PREMISES in conformance with Federal Airport Security regulations, and other federal and LESSOR policies, directives and regulations that may be issued. For the purpose of vehicle storage while aircraft is in use, the LESSEE may utilize the space immediately adjacent to the hangar, provided access to other airport uses is not restricted. No long term storage is permitted outside of the hangar. D. LESSEE shall keep the hangar and the PREMISES free from liens arising out of any work performed, material furnished, hazards created, or any obligations incurred by LESSEE and LESSEE shall hold LESSOR harmless therefrom. E. LESSEE agrees not to make use of the PREMISES or any airport location in any way manner which might interfere with the rights landing and taking off of other occupants aircraft from the AIRPORT, or that would otherwise constitute a hazard; in this Lease, hazard determination is an exclusive right of the Building LESSOR and shall be made at the discretion of the LESSOR. In the event the aforesaid covenant is breached, the LESSOR or its agent(s) reserves the Projectright to enter upon the PREMISES and cause the abatement of such interference at the sole expense of LESSEE. F. Unless otherwise specified in writing by the LESSOR, the LESSEE shall not use the PREMISES to store any type of flammable, combustible, toxic or explosive substances other than that contained within the aircraft itself. Cleaning and lubricating materials in no greater quantities than to service one aircraft shall be permitted. No aircraft exterior or interior used in any agricultural operation shall be washed or otherwise cleaned at the AIRPORT or upon any airport lands. No aircraft parts shall be washed or otherwise cleaned unless done indoors and on the PREMISES with an effective recovery system, approved by LESSOR, employed as part of the cleaning operation. Steam cleaning shall only be allowed indoors and on the PREMISES in conjunction with an approved recovery system. Under no circumstance shall any waste product of any cleaning operation be allowed to drain, leak or otherwise enter outdoors, or drain into a sewer or other storm drainage system. All applicable County, State and Federal laws regarding the above-mentioned substances shall be obeyed. G. LESSEE shall keep the PREMISES for its exclusive use or allow the Premises to be used and shall pay for any unlawful purpose, nor shall Tenant permit any nuisance repairs or commit any waste in the Premises damage caused by its negligence or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at misuse by its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceinvitees.

Appears in 1 contract

Sources: Hangar Agreement

Use. Tenant (a) Occupant shall use the Premises only Space for trading operations, general, executive and administrative offices and for uses incidental and ancillary thereto and for no other purpose, and shall use and occupy the Space in full compliance with the terms of this Service Agreement. (a) Occupant shall not use or occupy the Space or any part thereof, or permit or suffer the Space or any part thereof to be used or occupied for any unlawful business, use or purpose, or in an unlawful manner or such manner as to constitute in law or in equity a nuisance of any kind (public or private), or for any purpose or in any way in violation of the Certificate of Occupancy for the purposes stated Space in Item 3 effect from time to time during the Occupancy Period (so long as such Certificate of Occupancy permits the use of the Basic Lease ProvisionsSpace for office purposes) or of any Requirements, or which may make void or voidable any insurance then in force on the Space. Occupant shall take, immediately upon the discovery of any such prohibited use, all necessary steps, legal and equitable, to compel the discontinuance of such use and Occupant shall exercise all of its rights and remedies against any occupants responsible for such use. (b) Occupant shall not suffer or permit the Space or any portion thereof to be used by the public without restriction or in accordance such manner as might impair title to the Space or any portion thereof, or of implied dedication of the Space or any portion thereof, and in furtherance thereof, Occupant shall have the right to close any or all of the public areas of the Space to the public for one day in each calendar year, such day to be a holiday observed by both the State of New York and the federal government. (c) If any licenses, permits and/or authorizations of any Governmental Authorities required with applicable laws and restrictions and respect to the Space pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use Section 13, shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use in the Space or any part thereof of the Premisesbusiness of Occupant (or any Person claiming by, through or under Occupant), then Occupant, at Occupant’s expense, shall duly procure and thereafter maintain such licenses, permits and authorizations and submit the same to Provider for inspection. Tenant Occupant shall at all times comply with the terms and conditions of each such license, permit and authorization. (d) Occupant shall not at any time use or occupy the Space, or suffer or permit anyone to use or occupy, the Space, or do anything in the Space, or permit anything to be done in or about the Premises which will Space, in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises manner (i) which violates any restrictions as to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment occupancy set forth in this Section or (ii) which violates any of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of TenantOccupant’s failure to comply with the provisions of other obligations under this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceService Agreement.

Appears in 1 contract

Sources: Service Agreement (Oppenheimer Holdings Inc)

Use. Tenant The Premises shall use the Premises be used and occupied only for the purposes stated uses set out in Item 3 of the Basic Lease ProvisionsInformation and for no other purpose without prior written approval of Landlord, all in accordance which approval shall not be unreasonably withheld, delayed or conditioned. In connection with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises and after commencement of the Lease, Tenant shall, at Tenant's expense, comply with all applicable laws, ordinances, and regulations of any public authority, including, but not limited to, those requiring alterations of the Premises because of Tenant's specific use; shall create no nuisance nor allow any objectionable liquid, odor, or noise to be emitted from the Premises, shall store no gasoline or other highly combustible materials on the Premises which would violate any applicable fire code or regulation nor conduct any operation that will increase Landlord's fire insurance rates for the Premises, unless Tenant pays the increased cost thereof. Landlord hereby confirms that Tenant's use as described in this Lease conforms with all rules and regulations. Tenant shall not do store, use or permit anything deposit, or cause to be done in stored, used or about deposited, on the Premises which will or anywhere in the Building, any way interfere environmentally hazardous or potentially environmental hazardous materials or substance, except those ordinarily used in offices, and in accordance with all applicable laws, rules, regulations, etc., and shall not overload the rights floors or electrical circuits of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectBuilding. Landlord shall have the right to approve, such approval not to be unreasonably withheld, delayed or conditioned, the installation of any power-driven machinery by Tenant shall not perform any work and may select a qualified electrician whose opinion will control regarding electrical installations, an architect or conduct any business whatsoever engineer whose opinion will control regarding floor loads, and a certified industrial hygienist to evaluate materials to be used or stored in the Project other than inside Building or on the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.

Appears in 1 contract

Sources: Industrial Lease (Convera Corp)

Use. Tenant A. The PREMISES shall be used and occupied by LESSEE solely for the storage of active aircraft. Aircraft maintenance is restricted to the preventative maintenance specified in the Federal Aviation Regulations at 14 CFR 43.3(h) and Appendix A, subsection (c), except subparagraph (c)(9) (spray painting is expressly prohibited). LESSEE shall take such steps as necessary to ensure that the performance of such maintenance work does not damage the PREMISES. LESSEE shall control the conduct and demeanor of its employees and invitees, and of those doing business with it, in and around the AIRPORT and shall take all steps necessary to remove persons whom the County may, for good and sufficient cause, deem objectionable. B. LESSEE shall not commit or suffer to be committed any waste upon the PREMISES or airport lands or any public or private nuisance or any other act or thing which may disturb the quiet enjoyment of any other person or organization at the AIRPORT. LESSOR shall not use the Premises only PREMISES for any unlawful purposes, nor violate any laws, ordinance or reasonable and lawful directive issued by the purposes stated in Item 3 Airport Manager or his/her agent(s). C. LESSEE shall take good care of the Basic Lease ProvisionsPREMISES and make all repairs necessitated by ▇▇▇▇▇▇’s use, abuse, or misuse of the PREMISES. LESSEE shall at all times maintain the PREMISES and any airport grounds used in accordance conjunction with applicable laws ▇▇▇▇▇▇’s operations in a clean and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesorderly manner. The parties agree that No junk, trash, refuse, material, substance or discharge of any contrary use kind shall be deemed caused or permitted by LESSEE to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do exist or permit anything to be done accumulate in or about the Premises PREMISES or any of the LESSEE’s operational sites or sites utilized by the LESSEE on the airport lands at any time during the term of the Lease. ▇▇▇▇▇▇’s method of lighting the PREMISES and its installation of all exterior light fixtures shall be subject to ▇▇▇▇▇▇’s prior approval, which will shall not unreasonably be withheld. LESSEE shall maintain access control to the PREMISES in conformance with Federal Airport Security regulations, and other federal and LESSOR policies, directives and regulations that may be issued. For the purpose of vehicle storage while aircraft is in use, the LESSEE may utilize the space immediately adjacent to the hangar, provided access to other airport uses is not restricted. No long-term storage is permitted outside of the hangar. ▇. ▇▇▇▇▇▇ shall keep the PREMISES free from liens arising out of any work performed, material furnished, hazards created, or any obligations incurred by LESSEE and LESSEE shall hold LESSOR harmless therefrom. ▇. ▇▇▇▇▇▇ agrees not to make use of the PREMISES or any airport location in any way manner which might interfere with the rights landing and taking off of other occupants aircraft from the AIRPORT, or that would otherwise constitute a hazard; in this Lease, hazard determination is an exclusive right of the Building LESSOR and shall be made at the discretion of the LESSOR. In the event the aforesaid covenant is breached, the LESSOR or its agent(s) reserves the Projectright to enter upon the PREMISES and cause the abatement of such interference at the sole expense of ▇▇▇▇▇▇. F. Unless otherwise specified in writing by the LESSOR, the LESSEE shall not use the PREMISES to store any type of flammable, combustible, toxic or explosive substances. Cleaning and lubricating materials in no greater quantities than to service one aircraft shall be permitted. No aircraft exterior or interior used in any agricultural operation shall be washed or otherwise cleaned at the AIRPORT or upon any airport lands. No aircraft parts shall be washed or otherwise cleaned unless done indoors and on the PREMISES with an effective recovery system, approved by ▇▇▇▇▇▇, employed as part of the cleaning operation. Steam cleaning shall only be allowed indoors and on the PREMISES in conjunction with an approved recovery system. Under no circumstance shall any waste product of any cleaning operation be allowed to drain, leak or otherwise enter outdoors, or drain into a sewer or other storm drainage system. All applicable County, State and Federal laws regarding the above-mentioned substances shall be obeyed. G. LESSEE shall keep the PREMISES for its exclusive use or allow the Premises to be used and shall pay for any unlawful purpose, nor shall Tenant permit any nuisance repairs or commit any waste in the Premises damage caused by its negligence or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at misuse by its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceinvitees.

Appears in 1 contract

Sources: Land Lease

Use. A. Tenant shall use and occupy the Demised Premises only as a business office and/or a USDA approved food processing plant and/or warehouse and for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any no other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. purpose. B. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Demised Premises to be used for any unlawful or illegal business or purpose, nor sell or store on the Demised Premises any spirituous, malt or vinous liquor or any narcotic drugs or any explosives or inflammable materials. Tenant shall Tenant use, maintain and occupy the Demised Premises in a careful, safe and proper manner and shall not permit any nuisance or commit any waste in the Premises or the Projectmaintenance of a nuisance therein. Tenant will keep the Demised Premises and appurtenances and the adjoining areas and sidewalks in a clean, safe and healthy condition. Tenant, at its sole expense, shall comply promptly with all laws, orders and regulations of federal, state, county and municipal authorities and with any direction of any public officer or officers which shall impose any liability, order or duty upon Landlord or Tenant with respect to Tenant's use or occupancy of the Demised Premises. Tenant shall not perform any work or conduct any business whatsoever in permit the Project other than inside the Premises. Tenant Demised Premises to remain vacant and shall not do or permit to be done anything any act or thing upon the Demised Premises which will invalidate or be in conflict with any fire or casualty insurance policies or increase the cost of any rate for fire or casualty insurance policy(ies) covering the Buildingbuilding. If, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure of Tenant to comply with the provisions hereof including, but not limited to, the use to which Tenant puts the Premises, the fire and casualty insurance rate shall at the commencement of this Sectionthe term or at any time thereafter be higher than it otherwise would be, then Tenant shall reimburse Landlord for that part of all fire and casualty insurance premiums thereafter paid by Landlord which shall have been charged because of such failure or use by Tenant and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancemake whatever changes are necessary to comply with the requirements of the utility companies, insurance underwriters and governmental authorities having jurisdiction thereof.

Appears in 1 contract

Sources: Lease Agreement (Kahiki Foods Inc)

Use. 2.1 The Premises are to be used only for executive, general, and administrative offices and for no other purpose. Neither Tenant nor any of Tenant's servants, agents, employees, invitees or licensees shall use damage, disfigure or injure the Premises only for or any portion thereof or the purposes stated in Item 3 Real Property; normal wear and tear excepted, nor shall Tenant allow the emission of any offensive odors or noise from the Premises. If any office equipment or machines used by Tenant within the Premises interfere, by more than a de minimis amount, with the use or enjoyment of any other tenant or occupant of the Basic Lease ProvisionsBuilding or is heard from any public area in or about the Building, all by more than a de minimis amount, Tenant shall, upon notice from Landlord, either cease the use of such equipment and/or machines, or place and maintain such equipment and/or machines, at Tenant's sole expense, in accordance with applicable laws and restrictions and pursuant a sound proof setting such as cork, rubber or vibration eliminators to approvals to eliminate any such noise or vibration. Smoking shall not be obtained by Tenant from all relevant and required permitted anywhere in the Premises. 2.2 If any governmental agencies and authorities. The parties agree that any contrary use license or permits, other than a certificate of occupancy, shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use 's business in the Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, Tenant, at its expense shall duly procure and thereafter maintain such license or permit and submit copies of the Premisessame to Landlord. Tenant shall, at all times, comply with the terms and conditions of each such license or permit. 2.3 Tenant shall not do store, place or permit allow the storing or placement of any materials, debris or other obstructions of any nature in any hallway, lobby or other public areas of the interior of the Real Property or on the sidewalk, parking area or other area or areas abutting or adjacent to the Real Property. 2.4 Tenant shall not place anything to be done in or about on any floor of the Premises which will create a load in excess of the load per square foot which such floor was designed to carry. 2.5 Tenant shall not move any way interfere with the rights of other occupants heavy equipment or bulky matter, including, but not limited to safes or large office equipment or furniture, into or out of the Building or without first obtaining Landlord’s consent. If the Projectmovement of such items requires any special handling, or use or allow the Premises to be used for any unlawful purpose, nor all such work shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply in full compliance with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orderscodes, rules and requirements regulations and any other applicable governmental requirements. All such movements shall be made during hours reasonably designated by Landlord which will least interfere with the normal operation of the Building, and all governmental authorities that pertain damage directly or indirectly caused by such movement shall be promptly repaired by Tenant at Tenant’s expense. 2.6 Tenant shall have the right to Tenant or its use, in common with others, all areas, spaces and improvements within the Building and on the Real Property which are provided by Landlord, without a separate charge for the non-exclusive convenience and use of the Premisestenants of the Building and their agents, employees and invitees, including without limitation all federal the Building’s cafeteria, public elevators, public lobbies, public corridors, public stairways and state occupational health and safety requirementspublic stairwells, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectpublic corridor restrooms, and any amendments or modifications thereto, including without limitation the payment public entrances and exits designated by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure ingress to comply with and egress from the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceBuilding.

Appears in 1 contract

Sources: Lease Agreement (Columbia Laboratories Inc)

Use. Tenant Lessee shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 Paragraph 1.9 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to or any other available remedylegal use, which is reasonably comparable thereto, and for no other purpose without Lessor’s consent. TenantLessee shall, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all obtain any governmental approvals, licenses and permits or approvals required for the proper and lawful Permitted Use. The obtaining of any such permits or approvals is not a condition to any of Lessee’s obligations under this Lease. Lessee acknowledges that neither Lessor nor Lessor’s agent has made any representation or warranty, whether express or implied, as to the Premises, including, without limitation, the suitability of the Premises for the conduct of TenantLessee’s permitted business. Lessee has been advised by Lessor to conduct its own investigation of the suitability of the Premises for Lessee’s intended use, including, without limitation, a careful inspection of the Premises, a review of all applicable laws and ordinances, and inquiries of all applicable government agencies before executing this Lease. Lessee shall not use or permit the use of the Premises. Tenant shall not do Premises in a manner that is unlawful, creates waste or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Projecta nuisance, or use that unreasonably disturbs owners and/or occupants of, or allow the Premises causes damage to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectneighboring premises or properties. Tenant Lessee further covenants and agrees that it shall not perform any work use, or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do suffer or permit any person or persons to be done anything which will invalidate use, the Premises in violation of the laws of the United States of America, the State of California, or increase the cost ordinances, regulations or requirements of any insurance policy(ies) covering the local municipal or county governing body or other lawful authorities having jurisdiction over the Building, the Project and/or their contents, and . Lessee shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future recorded covenants, conditions, easements and restrictions, and the provisions of all ground or restrictions underlying leases, now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against Real Property if Lessor provides Lessee with a copy thereof. Lessor acknowledges that Lessee will maintain products in the Premises or Tenant which may be allocated are required from time to time for its business in customary amounts, which products contain chemicals which are categorized as Hazardous Substances. Lessor agrees that the use of such products in the Premises or Tenant in accordance compliance with the provisions thereof. Tenant all applicable laws shall promptly upon demand reimburse Landlord for any additional insurance premium charged not be a violation by reason of Tenant’s failure to comply with the provisions Lessee of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceLease.

Appears in 1 contract

Sources: Multi Tenant Industrial/Commercial Lease (Pfenex Inc.)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. TenantThe uses prohibited under this Lease shall include, at its expensewithout limitation, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the PremisesPremises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Landlord acknowledges that Tenant is a life sciences company engaged in developing and marketing therapeutics. Notwithstanding the foregoing, Tenant acknowledges Tenant’s use of the Premises shall be in accordance with Section 3 of Article I of this Lease. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials (as such materials may be identified in any federal, state or encumbering local law or regulation) in the Building and/or Project, and any amendments Premises or modifications thereto, including Project without limitation the payment prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities or the storage of adequate quantities of any periodic drugs or special dues drug candidates of Tenant for its ordinary business purposes, so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or assessments charged against the Premises or Tenant which toxic materials that may be allocated to the Premises or Tenant in accordance with the provisions thereofrequired by any governmental agency. Tenant shall promptly also, from time to time upon demand reimburse request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord for shall have the right at any additional insurance premium charged by reason time to perform an assessment of the environmental condition of the Premises and of Tenant’s failure compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the provisions requirements of this Section, and . In all events Tenant shall indemnify Landlord each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any liability and/or expense resulting from release of hazardous or toxic materials caused by Tenant’s noncompliance, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Space Lease (Intercept Pharmaceuticals Inc)

Use. Tenant shall occupy and use the Premises only for the purposes stated Permitted Use in Item 3 compliance with all Laws relating to this Lease and/or the use, condition, access to, and occupancy of the Basic Lease ProvisionsPremises and will not commit waste, all in accordance with applicable laws and restrictions and pursuant overload the Building's Structure or the Building's Systems or subject the Premises to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesuse that would damage the Premises. The parties agree that any contrary population density within the Premises as a whole shall at no time exceed what is permitted by applicable Laws. Tenant may use shall be deemed the Premises after Normal Business Hours. Notwithstanding anything in this Lease to cause material and irreparable harm to the contrary, as between Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the "Disabilities Acts") in the Premises, and (b) Landlord shall at its expensecost (subject to reimbursement permitted by Section 4), shall procurepromptly cause the Project (other than tenant occupied areas of the Building) to comply with Laws in the event Tenant identifies any such non-compliance to Landlord, maintain and make available for Landlord’s inspection throughout other than compliance that is necessitated by the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the PremisesPremises for other than the Permitted Use or as a result of any alterations or additions, including any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be borne by Tenant). Tenant Notwithstanding anything in this Lease to the contrary, any remedial work performed pursuant to the immediately preceding sentence shall not do or permit anything be considered a Controllable Operating Cost. Any inspections required to be done in or about the Premises which will in any way interfere performed to determine compliance with the rights of other occupants Disabilities Acts, whether as a result of the Building Work or the Projectany alterations or additions made by or on behalf of a Tenant Party, or use or allow the must be performed by Landlord's accessibility consultant. The Premises to shall not be used for any unlawful purposeuse which is disreputable, nor creates extraordinary fire hazards, or results in an increased rate of insurance on the Building or its contents and is not a Permitted Use, or for the storage of any Hazardous Materials (other than typical office supplies [e.g., photocopier toner] and then only in compliance with all Laws). If, because of a Tenant Party's acts or because Tenant vacates the Premises, the rate of insurance on the Building or its contents increases, and such situation causing the increased costs is not remedied within 30 days following Landlord's notice to Tenant of such increased costs, then Tenant shall pay to Landlord the amount of such increase the next date for payment of Basic Rent that is at least 30 days after receipt of Landlord’s invoice. Tenant permit shall conduct its business and use reasonable efforts to control each other Tenant Party so as not to create any nuisance or commit any waste unreasonably interfere with other tenants or Landlord in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost its management of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.

Appears in 1 contract

Sources: Lease Agreement (Blucora, Inc.)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws Provisions and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesfor no other use whatsoever. The parties agree that any contrary use uses prohibited under this Lease shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenantinclude, at its expensewithout limitation, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the PremisesPremises or a portion thereof for (i) offices of any agency or bureau of the United states or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; or (iii) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Except as otherwise expressly provided in this Lease, Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation and with any and all federal and state occupational health and safety requirementsgovernment mandated energy usage reporting requirements of Landlord. Notwithstanding the foregoing or anything to the contrary contained in this Lease, whether or Landlord, not Tenant’s compliance will necessitate expenditures or interfere , shall be obligated to make and pay for (subject to reimbursement as a Project Cost, as and to the extent allowed under Exhibit B hereto) any and all alterations that are required to comply with its use any and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenantslaws, conditionsordinances and requirements of all governmental authorities relating to the Base Building and Common Areas (as such terms are hereinafter defined), easements or restrictions now or hereafter affecting or encumbering unless such Alterations are required in connection with and triggered by (i) the specific nature of Tenant's use of the Premises (as opposed to office and other uses of the Building and/or Projector Project by tenants in general), and or (ii) any amendments Alterations or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated other improvements made to the Premises by Tenant, or (iii)"any event of Default by Tenant under this Lease. In addition, Landlord shall be responsible for the cost of correcting any violations of Title 111 of the Americans with Disabilities Act (ADA) with respect to the Common Areas of the Building. Landlord shall have the right to contest any such violations in accordance good faith. For purposes herein, "Base Building" shall include the structural portions of the Building, (including without limitation, the foundations, columns, footings, load-bearing and exterior walls, and sub-flooring of the Building) the public restrooms and the base Building mechanical, fire protection, life safety, conveyance, sewage, electrical and plumbing systems and equipment serving the Premises and the Building. Pursuant to California Civil Code § 1938, Landlord hereby states that the Premises have not undergone inspection by a Certified Access Specialist (CASp) (defined in California Civil Code § 55.52(a)(3)). Pursuant to Section 1938 of the California Civil Code, Landlord hereby provides the following notification to Tenant: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the provisions thereofapplicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction related accessibility standards within the premises." If Tenant requests to perform a CASp inspection of the Premises, Tenant shall, at its cost, retain a CASp approved by Landlord, which approval shall not be unreasonably withheld (provided that Landlord may designate the CASp, at Landlord's option, which event Landlord, not Tenant, shall pay for the cost of such inspection) to perform the inspection of the Premises at a time agreed upon by the parties. Tenant shall provide Landlord with a copy of any report or certificate issued by the CASp (the "CASp Report") and Tenant shall, at its cost, promptly upon demand reimburse Landlord complete any modifications necessary to correct violations of construction related accessibility standards identified in the CASp Report, but only as and to the extent required above in this Section 5.1. Tenant agrees to keep the information in the CASp Report confidential except as necessary for any additional insurance premium charged by reason of Tenant’s failure the Tenant to comply with the provisions of this Sectioncomplete such modifications, and shall indemnify Landlord from any liability and/or expense resulting from except as may be required by law, court order or pursuant to litigation; it being understood that Tenant may also release such information to Tenant’s noncompliance's attorneys, brokers, members, prospective financial partners and purchasers, tax and financial advisors, lenders and investor, and prospective subtenants and assignees, to the extent such parties have a need to know, provided that such parties are informed of the confidentiality of such information.

Appears in 1 contract

Sources: Sublease (Upwork Inc.)

Use. Section 4.01. Tenant shall use and occupy the Demised Premises only for administrative, executive and general office purposes only. Section 4.02. Notwithstanding the provisions of Section 4.01, Tenant shall not use or allow the use of the Demised Premises or any part thereof (1) for the purposes stated cooking and/or sale of food; (2) for storage for sale of any alcoholic beverage in Item 3 the Demised Premises; (3) for storage for and/or sale of any product or material from the Demised Premises, subject to (1) above; (4) for manufacturing or printing purposes; (5) for the conduct of a school or training facility or conduct of any business which results in the presence of the Basic Lease Provisionsgeneral public in the Demised Premises; (6) for the conduct of the business of an employment agency or personnel agency; (7) for the conduct of any public auction, all in accordance gathering, meeting or exhibition; (8) for occupancy by a foreign, United States, state, municipal or other governmental or quasi-governmental body, agency or department or any authority or other entity which is affiliated therewith or controlled thereby and which has diplomatic or sovereign immunity or the like with applicable laws and restrictions and pursuant respect to approvals to be obtained by Tenant from all relevant and required a commercial lease; (9) for messenger or delivery service (excluding Tenant's or any subtenant's own employees); (10) as a public stenographer or typist; (11) as a telephone or telegraph agency; (12) as medical offices; (13) as a travel agency; (14) as a dating service; (15) as a restaurant. Section 4.03. If any governmental agencies and authorities. The parties agree that license or permit, other than a Certificate of Occupancy or any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits license or permit required for the proper and lawful conduct of Tenant’s permitted use 's business in the Demised Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of the Premiseseach such license or permit. Section 4.04. Tenant shall not at any time use or occupy, or permit anyone to use or occupy, the Demised Premises, or do or permit anything to be done in or about the Premises which will Demised Premises, in any way interfere with the rights of other occupants violation of the Building or Certificate of Occupancy, for the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Demised Premises or for the Project. Tenant shall Building, and will not perform permit or cause any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit act to be done anything which will invalidate or increase any condition to exist on the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Demised Premises or Tenant which may be allocated to dangerous unless safeguarded as required by law, or which in law constitutes a nuisance, public or private, or which may make void or voidable any insurance then in force covering the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, Building and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancebuilding equipment.

Appears in 1 contract

Sources: Lease Agreement (Infosafe Systems Inc)

Use. Tenant (a) The Premises shall use the Premises only be used for the business office, general warehouse and ancillary purposes stated in Item 3 directly related to Tenant's business of the Basic Lease Provisionsretail and wholesale distribution of uniforms for police, all in accordance with applicable laws fire, emergency medical services, postal, security and restrictions other similar personnel and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesfor no other purposes. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant Premises shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposeillegal purposes, nor shall Tenant permit in violation of any regulation of any governmental authority, nor in any manner to create any nuisance or commit trespass, nor in any waste in manner to vitiate the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate insurance or increase the cost rate of insurance on the Premises. (b) Notwithstanding anything to the contrary provided in subparagraph (a) above, without the prior written consent of Landlord, no portion of the Premises shall be used (i) for the purchase, sale (wholesale, retail or otherwise), use, distribution, processing or manufacture of reprographic machines, equipment, media or other products. (c) Tenant shall, at its own expense, promptly comply with any insurance policy(iesand all municipal, county, state and federal statutes, regulations and/or requirements applicable or in any way relating to Tenant's use and occupancy of the Premises. (d) covering Landlord and Tenant acknowledge that the BuildingAmericans With Disabilities Act of 1990 (42 U.S.C. ss.12191 et seq.) and regulations and guidelines promulgated thereunder, as all of the Project and/or their contentssame may be amended and supplemented from time to time (collectively referred to herein as the "ADA") establish requirements for business operations, accessibility and barrier removal, and shall comply with all applicable insurance underwriters rulesthat such requirements may or may not apply to the Premises depending on, among other things: (1) whether Tenant's business is deemed a "public accommodation" or "commercial facility", (2) whether such requirements are "readily achievable", and (3) whether a given alteration affects a "primary function area" or triggers "path of travel" requirements. The parties hereby agree that : (a) Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of be responsible for ADA compliance in the Premises, including without limitation all federal any leasehold improvements or other work to be performed in the Premises under or in connection with this Lease, (b) Landlord may perform, or require that Tenant perform, and state occupational health and safety requirementsTenant shall be responsible for the cost of, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment ADA "path of travel" requirements triggered by alterations in the Premises. , and (c) Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering be solely responsible for requirements under the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated ADA relating to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Tenant's employees. (e) Any increased costs to Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions resulting from a violation of this SectionParagraph 9 shall be charged to Tenant as additional rent and Landlord shall have the right to enjoin Tenant from further violation, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceif applicable.

Appears in 1 contract

Sources: Lease Agreement (Armitec Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectSite. Tenant shall not perform any work or conduct any business whatsoever in the Project Site other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or Site and or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or ProjectSite, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.

Appears in 1 contract

Sources: Lease (Mirion Technologies, Inc.)

Use. Tenant shall not use or occupy or permit the Premises only to be used or occupied for any purpose other than for the purposes stated in Item 3 of the Basic Lease ProvisionsPermitted Use, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises by Tenant's Occupants which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or may (a) increase the cost existing rate or violate the provisions of any insurance policy(iescarried with respect to the Shopping Center; (b) covering create a public or private nuisance, commit waste or interfere with, annoy or disturb any other tenant or occupant of the BuildingShopping Center or Landlord in the operation of the Shopping Center; (c) overload the floors or otherwise damage the structure of the Shopping Center; (d) constitute an improper, the Project and/or their contentsimmoral or objectionable purpose; (e) violate any present or future governmental or quasi-governmental laws, ordinances, regulations or requirements or any covenants, conditions, and shall comply restrictions existing with all applicable insurance underwriters rulesrespect to the Shopping Center; (f) subject Landlord or any other tenant to any liability to any third party; or (g) lower the first-class character of the Shopping Center. Tenant shall shall, at Tenant's sole cost and expense, (u) operate Tenant's business on the Premises under Tenant's Trade Name only; (v) use the Premises in a careful, safe and proper manner; (w) comply at its expense with all present and future governmental or quasi-governmental laws, ordinances, restrictions, regulations, orders, rules regulations and requirements and any covenants, conditions and restrictions existing with respect to the Shopping Center, including, without limitation, those relating to hazardous substances, hazardous wastes, pollutants or contaminants; (x) comply with the requirements of all governmental authorities that pertain any board of fire underwriters or other similar body relating to the Premises; (y) keep the Premises free of objectionable noises and odors; and (z) not store, use or dispose of any hazardous substances, hazardous wastes, pollutants or contaminants on the Premises. Except as set forth in this Lease, no representation or warranty has been made to, or relied on by, Tenant or its use of concerning the Premises, including including, without limitation all federal and state occupational health and safety requirementslimitation, whether the fitness or not suitability or the Premise for the conduct of Tenant’s compliance will necessitate expenditures 's business, nor has Landlord agreed to undertake any modification, alteration or interfere with its use and enjoyment improvement of the Premises. Tenant shall comply at its expense with all present and future covenantsnot, conditionswithout the prior written consent of Landlord, easements or restrictions now or hereafter affecting or encumbering use the Building and/or Project, and name of the Shopping Center for any amendments or modifications thereto, including without limitation purpose other than as the payment address of the business to be conducted by Tenant on the Premises, nor shall Tenant do or permit the doing of anything in connection with Tenant's business or advertising, which in the reasonable judgment of Landlord may reflect unfavorably on Landlord or the Shopping Center, or confuse or mislead the public as to any periodic or special dues or assessments charged against relationship between Landlord and Tenant. All of Tenant's advertising in the county in which the Shopping Center is located shall refer to the business conducted at the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancemention the name of the Shopping Center.

Appears in 1 contract

Sources: Shopping Center Lease (MCT Holding Corp)

Use. Tenant The Premises shall use be used and occupied by Lessee for only the following purposes and for no other purposes whatsoever without obtaining the prior written consent of Lessor: Multi Media software design, production space and computer server hosting. A. Lessee shall not do or permit anything to be done in or about the Premises only for which will increase the purposes stated in Item 3 existing rate of insurance upon the Basic Lease ProvisionsPremises (unless Lessee shall pay any increased premium as a result of such use or acts) or cause the cancellation of any insurance policy covering said Premises or any building of which the Premises may be a part, all in accordance with applicable laws and restrictions and pursuant to approvals nor shall Lessee sell or permit to be obtained kept, used or sold in or about said Premises any articles which may be prohibited by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct a standard form policy of Tenant’s permitted use of the Premises. Tenant fire insurance. B. Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of any building of which the Building Premises may be a part or the Project, injure or annoy them or use or allow the Premises to be used for any unlawful or objectionable purpose, nor not shall Tenant Lessee cause, maintain or permit any nuisance in, on or about the Premises Lessee shall not commit or suffer to be committed any waste in or upon the Premises. C. Lessee shall not use the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit anything to be done anything in or about the Premises which will invalidate in any way conflict with any law, statute, zoning restriction, ordinance or increase the governmental rule or regulation or requirements or duly constituted public authorities now in force or which may hereafter be enacted or promulgated. Lessee shall at its sole cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall expense promptly comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinancesstatutes, restrictionsordinances and governmental rules, regulations, orders, rules regulations or requirements now in force or which may hereafter be in force and with the requirements of all governmental authorities that pertain any board of fire underwriters or other similar body now or hereafter constituted relating to Tenant or its affecting the condition, use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant The judgment of any periodic court of competent jurisdiction or special dues the admission of Lessee in any action against Lessee, whether Lessor be a party thereto or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for not, that Lessee has violated any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.law,

Appears in 1 contract

Sources: Lease Agreement (Organic Inc)

Use. Tenant The Premises shall use the Premises be used only for the purposes stated Permitted Uses set forth in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws Information and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any for no other available remedyuses. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted 's use of the PremisesPremises shall be in compliance with and subject to all applicable governmental laws, ordinances, statutes, orders and regulations and any CC&R's or any supplement thereto recorded in any official or public records with respect to the Project or any portion thereof. In no event shall the Premises be used for any of the Prohibited Uses set forth on Exhibit E attached hereto. Tenant shall comply with the rules and regulations attached hereto as Exhibit F, together with such additional rules and regulations as Landlord may from time to time prescribe. Tenant shall not do commit waste, overload the floors or permit anything to be done in or about structure of the Premises, subject the Premises or the Project to any use which will in would damage the same or increase the risk of loss or violate any way interfere with insurance coverage, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the rights of Premises, take any action which would constitute a nuisance or would disturb, obstruct or endanger any other occupants tenants of the Building or the Project, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Tenant shall have the right to use for its employees and invitees, nor the parking areas on the Premises. Landlord shall not be responsible for non-compliance by any other tenant or occupant of the Project with, or Landlord's failure to enforce, any of the rules or regulations or any other terms or provisions of such tenant's or occupant's lease. Tenant permit shall promptly comply with the reasonable requirements of any nuisance board of fire insurance underwriters or commit other similar body now or hereafter constituted. Tenant shall not do any waste act which shall in any way encumber the title of Landlord in and to the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.

Appears in 1 contract

Sources: Single Tenant Industrial Lease (Griffith Micro Science International Inc)

Use. Tenant shall (a) Not to carry on any business or trade or profession whatsoever on the Premises or place or exhibit any notice board or notice on the Premises but to use the Premises only for as a single private residence only (b) Not to use the purposes stated in Item 3 of Premises or permit the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals Premises to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed used for illegal or immoral purposes (c) Not to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything or suffer to be done in or about on the Premises or any part thereof anything which will may in the reasonable opinion of the Landlord be or become a nuisance or annoyance or in any way interfere with the rights of other occupants quiet enjoyment of the Building owners or occupiers of the adjoining premises or the Project, Landlord (d) Not to do or use or allow the Premises suffer to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in done on the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done their contents anything which will invalidate may make void or voidable any insurance of the Premises or increase the cost ordinary premium thereon and to repay to the Landlord all sums paid by way of increased premium and all expenses incurred by him in or about any renewal of any insurance policy(ies) covering such policy rendered necessary by a breach of this covenant and all such payments shall be added to the Building, the Project and/or their contents, Rent herein before reserved and shall be recoverable as Rent (e) Not to keep or allow to be kept animals pets or livestock on the Premises without the Landlord's prior written consent (such consent not to be unreasonably withheld) provided that the Landlord shall be entitled to revoke any such content at any time) (f) Not to keep or allow to be kept or use upon the Premises any heater or like equipment which requires gas paraffin or other liquid fuel or any combustible explosive offensive goods provisions or materials and to fully comply with all applicable insurance underwriters rules. Tenant shall fire precautions or fire regulations made by the Landlord or the appropriate Fire Authority (g) Strictly observe and comply at its expense with (a) all present statutory requirements and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant regulations which may be allocated at any time apply to the Premises and/or this tenancy and (b) all directions of notices received from any Local Authority or Tenant in accordance Fire Authority and/or electricity water or gas supplier and allow access for all such repairs and works as are necessary and co-operate with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord and the Landlord's Agent (h) Not to obstruct common passageways and staircases and hallway of the building nor place nor keep anything thereon or therein (i) Not to leave the Premises vacant or unoccupied for a period in excess of 21 consecutive days without first giving written notice to the Landlord (j) Ensure that whenever (or for however short a period) the Premises is left unattended all external doors and windows are properly secured by locks and other means provided by the Landlord including activating the burglar alarm (if any) (k) Not to change any additional insurance premium charged by reason codes to the burglar alarm (if any) without first obtaining the express consent in writing of Tenant’s failure the Landlord or the Landlord's Agents (l) Not to comply with play any musical instrument or sound reproduction equipment so that annoyance is caused to the provisions occupiers of this Section, any neighbouring premises and shall indemnify Landlord from in any liability and/or expense resulting from Tenant’s noncompliance.event not make any such noise so as to be audible outside the Premises between the hours of 10.00pm and 8.00am

Appears in 1 contract

Sources: Assured Shorthold Tenancy Agreement

Use. Tenant Subtenant shall use and occupy the Subleased Premises only solely for the purposes stated Permitted Uses and for no other use or purpose without the prior written consent of Sublandlord and Landlord, which consent shall not be unreasonably withheld or delayed. Subtenant shall not use or occupy the Subleased Premises for any unlawful purpose or in Item 3 of any manner that will constitute waste, nuisance or unreasonable annoyance to the Basic Lease ProvisionsSublandlord or Landlord. Subtenant shall, all in accordance connection with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Subleased Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictionsordinances (including zoning ordinances and land use requirements), regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use orders of the United States of America, the Commonwealth of Massachusetts, the Town of Reading, and any other public or quasi-public authority having jurisdiction over the Subleased Premises, including without limitation all federal concerning the use, occupancy and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment condition of the PremisesSubleased Premises and all machinery, equipment and furnishings therein. Tenant Subtenant shall comply at its expense with all present and future covenantspay any business, conditions, easements rent or restrictions other taxes that are now or hereafter affecting levied upon Subtenant's use or encumbering occupancy of the Building and/or ProjectSubleased Premises, or Subtenant's equipment, fixtures or personal property. In the event that any such taxes are enacted, changed or altered so that any of such taxes are levied against Sublandlord or Landlord, or the mode of collection of such taxes is changed so that Sublandlord or Landlord are responsible for collection or payment of such taxes, Subtenant shall pay any and any amendments all such taxes to Sublandlord or modifications theretoLandlord upon written demand from Sublandlord specifying the party to whom such payments are to be made. Notwithstanding the foregoing, including without limitation the payment by Tenant of any periodic Subtenant shall in no event be responsible for Sublandlord's or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceLandlord's income tax liability.

Appears in 1 contract

Sources: Sublease Agreement (Xyvision Inc)

Use. 4.1 Tenant may use and occupy the Premises for executive and sales office and pharmaceutical development purposes, involving protein chemistry, molecular genetics and cellular biophysics, and for any other lawful purpose incidental thereto, but for no other purpose. Notwithstanding the aforesaid, in no event shall Tenant (i) bring or use any AIDS viruses on the Premises or perform any confirmatory or conclusory testing of any drugs or other substances containing such viruses in connection therewith, (ii) keep any animals upon the Premises except appropriate facilities for laboratory mice (not exceeding 100 mice at anytime) in compliance with all governmental requirements or (iii) perform any work classified as more hazardous than NIH Biohazard Level 2 or without full compliance with applicable National Institutes of Health and Center for Disease Control (Atlanta) guidelines and recommended safeguards. Tenant shall not cause or permit any dangerous, harmful or unhealthful condition or nuisance to arise or be maintained in, at or on the Premises. 4.2 In its occupation and use of the Premises, Tenant shall comply fully with all applicable local, State and Federal laws, ordinances, orders, directives, rules and regulations. Tenant shall not by reason of its use of the Premises only for at any time throughout the purposes stated in Item 3 term of this Agreement violate or cause to be violated any laws, ordinances, orders, directives or rules or regulations of any local, State or Federal authorities having jurisdiction thereof and the reasonable rules and regulations of the Basic Lease Provisionscarriers insuring the Premises, or the Board of Fire Underwriters or their equivalent, and such compliance and observation shall be at Tenant's sole cost and expense. Tenant shall indemnify and hold harmless Landlord from any claims, damages, loss, liability and obligation due to any violation of this Article 4.2. 4.3 Tenant shall not produce, generate, emit, treat, recycle, store or dispose of any hazardous or toxic materials, substances or wastes upon the Premises, except generation and storage of small quantities of hazardous wastes and the use of low level radioactive materials, all in accordance with applicable laws local, State and Federal requirements; provided, however, that any hazardous wastes shall not be stored upon the Premises for more than ninety (90) days in any instance so that Tenant shall remain a ninety (90) days exempt generator. 4.4 Tenant shall not dispose through the Site sewage system any hazardous or toxic substances, materials or wastes, as determined pursuant to Federal, State or local statutes, ordinances, regulations or restrictions, which violate any governmental restrictions imposed upon Landlord's sewage discharge or which Landlord or Overlandlord reasonably determines to be harmful to the Site sewage system. In any event, Tenant shall not dispose of any wastes in the Site sewer system, except in accordance with the restrictions and pursuant to approvals to be obtained limitations set forth in Wastewater Discharge Permit No. 3927 dated May 15, 1987, issued by the County of Westchester Department of Environmental Facilities, and any amendments, modifications and replacements thereof. 4.5 Tenant from all relevant and required governmental agencies and authorities. The parties agree that shall not produce any contrary use shall be deemed to cause material and irreparable harm to Landlord toxic chemicals for commercial purposes upon the Premises and shall entitle Landlord maintain in place at all times such procedures as may be required to injunctive relief remove from the Premises any toxic chemicals produced thereon in addition to any other available remedy. Tenanta manner which complies with all applicable governmental laws, at ordinances and regulations. 4.6 In its expense, shall procure, maintain occupation and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense a minimum with all present any health, safety or operating regulations imposed by Landlord with respect to the Silicones Building and future laws, ordinances, restrictions, regulations, orders, rules other areas of the Site under Landlord's control. Tenant shall be solely and requirements of all governmental authorities that pertain exclusively liable to Tenant obtain any zoning or other local permits necessary for its use of the Premises. 4.7 Landlord reserves the right (i) to require appropriate identification, including without limitation the wearing or possession of prescribed identification badges, at all federal times by employees, agents, contractors and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment invitees of Tenant upon the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated ; (ii) to restrict entry to the Premises during periods other than 7 a.m. to 6 p.m., Monday through Friday, except for laboratory or Tenant in accordance with development work or pursuant to prior written request; and (iii) to impose such other security measures as may be appropriate. Notwithstanding the provisions thereof. aforesaid, Tenant shall promptly remain solely and exclusively liable for the security and protection of any property, including confidential information and data, located upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure the Premises; provided, however, that the parties shall cooperate to comply with maintain security and confidentiality within the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceSilicones Building.

Appears in 1 contract

Sources: Sublease Agreement (Progenics Pharmaceuticals Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease ProvisionsProvisions and for no other purpose without the prior written consent of Landlord, all which consent may be withheld in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesLandlord’s sole discretion. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief relief, in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or nor permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Projectuse, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesunderwriters' rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply comply, at its expense expense, with all present and future laws, regulations, codes ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation limitation, all federal and state occupational occupational, health and safety requirementsrequirements and all recorded covenants, conditions and restrictions affecting the Building. Tenant shall at all times and in all respects comply with all federal, state and local laws, ordinances and regulations relating to industrial hygiene, environmental protection and/or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any “Hazardous Materials” (as hereinafter defined). Tenant shall not cause or permit any hazardous wastes, toxic substances or toxic or hazardous materials (collectively, “Hazardous Materials”) to be brought upon, used, generated, stored or disposed of on, under or about, or transported to or from, the Premises (collectively, “Hazardous Materials Activities”) without first receiving Landlord’s written consent, which consent may be withheld by Landlord in its sole and absolute discretion and may be revoked at any time. If Landlord consents to any such Hazardous Materials Activities, Tenant shall conduct them in strict compliance (at Tenant’s sole cost and expense) with all applicable Regulations, as hereinafter defined, and using all necessary and appropriate precautions. Landlord shall not be liable to Tenant for any Hazardous Materials Activities by Tenant, Tenant’s employees, agents, contractors, licensees or invitees, whether or not Tenant’s compliance will necessitate expenditures consented to by Landlord. For purposes hereof, Hazardous Materials shall include, but not be limited to substances defined as “hazardous substances”, “toxic substances”, or interfere with its use “hazardous wastes” in the Comprehensive Environmental Response, Compensation and enjoyment Liability Act of 1980; Resource Conservation and Recovery Act of 1976; Hazardous Material Transportation Act; section 25117 of the California Health and Safety Code; all other laws and ordinances governing similar matters; and any regulations adopted and publications promulgated pursuant to said laws and ordinances governing similar matters; and any regulations adopted and publications promulgated pursuant to said laws (collectively “Regulations”). Prior to using, storing or maintaining any Hazardous Materials on or about the Premises, Tenant shall provide Landlord with a list of the types and quantities thereof, and shall update such list as necessary for continued accuracy; provided, however that Tenant may use commercially available office cleaning supplies in compliance with Regulations. Tenant shall comply at its expense also provide Landlord with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projecta copy of any Hazardous Materials inventory statement required by any applicable Regulation, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant update filed in accordance with the provisions thereofany applicable Regulation. If Tenant’s activities violate or create a risk of violation of any Regulation, Tenant shall cease such activities immediately, including (but not limited to) upon notice from Landlord. Tenant shall promptly immediately notify Landlord both by telephone and in writing of any spill or unauthorized discharge of any Hazardous Materials or of any condition constituting an “imminent hazard” under any Regulation. Landlord, Landlord’s representatives and employees shall have the right to enter the Premises at any time in the case of an emergency and otherwise at reasonable times (upon demand reimburse Landlord reasonable advance notice), for the purpose of inspecting the condition of the Premises and for verifying compliance by Tenant with this Lease and all laws, rules, regulations, ordinances and directives relating in any additional insurance premium charged manner to the Premises, including but not limited to matters pertaining to the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill or release of any Hazardous Materials. Tenant shall indemnify, protect, defend (with counsel acceptable to Landlord) and hold Landlord, its agents, directors, affiliates, officers, partners, managers, members, employees, lenders, and successors and assigns, and the Premises, harmless from the against any and all loss of rents and/or damages, liabilities, judgments, costs, claims liens, expenses, penalties, permit fees and attorney’s and consultant’s fees arising out of or involving any Hazardous Materials brought onto, manufactured, produced or stored at, discharged or transported from, the Premises by reason of or for Tenant, its agents, employees, representatives, contractors, invitees, successors or assigns, or in any way under Tenant’s failure control. Tenant’s obligations under this Paragraph shall include, but not be limited to, the effects of any contamination or injury to comply with any person, property or the provisions environment created or permitted by Tenant, and the cost of this Sectioninvestigation (including consultant’s and attorney’s fees and testing), removal, remediation, restoration and/or abatement thereof, or of any contamination therein involved, and shall survive the expiration or earlier termination of this Lease. Landlord shall indemnify Landlord Tenant from any liability and/or expense resulting action by a governmental agency against Tenant regarding the presence of Hazardous Materials existing at the Building prior to the date Tenant first occupied the Premises, except to the extent such pre-existing condition was exacerbated by, or caused by, Tenant or its employees, contractors or agents. No termination, cancellation or release agreement entered into by Landlord and Tenant shall release Tenant from Tenant’s noncomplianceits obligations under this Lease with respect to Hazardous Materials or Hazardous Materials Activities, unless specifically so agreed by Landlord in writing at the time of such agreement. Tenant acknowledges that: (a) the Building does not comply in certain respects with the requirements of the Americans with Disabilities Act; and (b) certain portions of the Building contain asbestos containing materials. Landlord has been advised that these materials are non-friable and do not represent a health risk. Tenant is invited to review reports concerning these matters on file at the office of the Building.

Appears in 1 contract

Sources: Office Lease (Model N, Inc.)

Use. Tenant (a) Lessee shall use (and cause any sublessee under any sublease permitted pursuant to (b) Without limiting the Premises only provisions of Section 6(a), Lessee shall conduct or cause to be conducted, the operations of the Assisted Living Facilities at all times in a manner at least consistent with Alterra's customary practice as of the date hereof, including without limitation, the following: (i) to maintain the standard of care for the purposes stated in Item 3 residents of the Basic Lease Provisions, all Assisted Living Facilities at a level in accordance with customary and prudent industry standards; (ii) to operate the Assisted Living Facilities in a prudent manner and in compliance at all time in all material respects with applicable laws and restrictions and pursuant regulations relating thereto, including, without limitation, to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenantthe extent applicable, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use Title 42 of the Premises. Tenant shall not do or permit anything to be done in or about United States Code and related regulations, including the Premises which will in any way interfere with Medicare Regulations, the rights of other occupants Medicaid Regulations, federal and state self-referral and anti-kickback statues and regulations, Title 31 of the Building or United States Code, including the ProjectFalse Claims Act, or use or allow applicable skilled nursing facility and assisted living facility licensure laws; and public health statutes and regulations; (iii) to obtain within the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all time frames required by applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of regulations and thereafter keep, in Owner's, Lessee's, Sublessee's or Manager's name, as applicable, any required Permits and cause all governmental authorities that pertain to Tenant or its use of the PremisesPermits, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or ProjectReimbursement Contracts, and any amendments other agreements necessary for the use and operation of the Assisted Living Facilities or modifications theretoas may be necessary for participation in Medicaid and/or Medicare, each as applicable; (iv) to maintain sufficient Inventory and Equipment of types and quantities at the Assisted Living Facilities to enable the operations of the Assisted Living Facilities to be adequately performed; (v) to maintain or cause to be maintained in good repair, working order and condition all material properties used in the business of Lessee, including without the Leased Properties, and will make or cause to be made all appropriate repairs, renewals and replacements thereof. Without limitation of the payment by Tenant of any periodic foregoing, Lessee will operate and maintain, or special dues or assessments charged against cause to be operated and maintained, the Premises or Tenant which may be allocated to the Premises or Tenant Leased Properties in accordance a manner consistent with the provisions thereofBudget. Tenant shall promptly upon demand reimburse Landlord for Subject to Section 17 hereof, Lessee will repair, or cause to be repaired, the Leased Properties to which any additional insurance premium charged by reason casualty has occurred to at least the condition existing prior to any such casualty. All work required or permitted under this (vi) to maintain sufficient cash in order to satisfy the working capital needs of Tenant’s failure the Assisted Living Facilities; and (vii) to comply with continuously operate or cause to be continuously operated, the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceLeased Properties as Assisted Living Facilities.

Appears in 1 contract

Sources: Master Lease Agreement (Alterra Healthcare Corp)

Use. Landlord represents to Tenant that Tenant may use the Premises for general business office operations without violating any of the zoning laws applicable to the Building and/or the Site. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights normal and customary business operations of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectSite. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside within the PremisesSite. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the BuildingBuildings, the Project and/or their contentscontents (unless Tenant elects to pay such increased costs), and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense (except as specifically provided to the contrary in this Lease) with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with the pertinent provisions of the Ground Leases (and the Development Plan referenced therein) and with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building Building(s) and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereofSite. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance. Notwithstanding the foregoing or anything in this Lease to the contrary, Tenant shall not be required to make, and Landlord shall make, all repairs to, modifications of, or additions to the Building Structure and/or the exterior Common Areas of the Site except and to the extent required because of *** Confidential treatment has been requested for the redacted text of this document. The confidential redacted text has been omitted and filed separately with the Securities and Exchange Commission. Alterations made by Tenant or Tenant's use of all or a portion of the Premises for other than normal and customary business office operations.

Appears in 1 contract

Sources: Lease Agreement (Broadcom Corp)

Use. The Premises are to be used only for general office --- purposes which shall include, but not be limited to, employee training, employee lunch room and/or kitchen facilities (including vending machines for Tenant's use only), printing facilities and incidental storage and warehouse facilities relating thereto, meeting and conference rooms, operation of an employee cafeteria, operation of an employee delicatessen (solely for the use of Tenant's employees and guests), telecommunication facility, data processing and computer facilities and equipment and for no other business or purpose without the prior written consent of Landlord which consent shall not be unreasonable withheld, delayed or conditioned, provided such use is consistent with the use of similarly situated office buildings in the area. No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant shall use immediately cease the Premises only for performance of such unlawful act or such act that is increasing or has increased the purposes stated existing rate of insurance and shall pay to Landlord any and all increases in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals insurance premiums resulting from such breach. Tenant shall not commit or allow to be obtained by committed any waste upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in the Building. If any of Tenant's office machines or equipment unreasonably disturb any other tenant in the Building, then Tenant from all relevant shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance at its sole cost and required governmental agencies expense. Tenant shall not, without Landlord's prior consent except as outlined and authorities. The parties agree that specifically agreed to within this Lease, install any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition equipment, machine, device, tank or vessel which is subject to any other available remedyfederal, state or local permitting requirement. Tenant, at its expense, shall procurecomply with all applicable laws, maintain statutes, ordinances and make available for Landlord’s inspection throughout governmental rules, regulations or requirements governing the Terminstallation, all governmental approvals, licenses operation and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost removal of any insurance policy(ies) covering the Buildingsuch equipment, the Project and/or their contentsmachine, and device, tank or vessel. Tenant, at its expense, shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, statutes, ordinances, restrictionsgovernmental rules, regulationsregulations or requirements, ordersand the applicable provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the Premises and shall observe such reasonable rules and requirements of all governmental authorities that pertain regulations as may be adopted and made available to Tenant or its use by Landlord from time to time for the safety, care and cleanliness of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or the Building and for the preservation of good order therein. The current rules and regulations for the Building are attached hereto as Exhibit F. Without limiting the foregoing, --------- Tenant agrees to be wholly responsible at Tenant's sole cost and expense for any accommodations or alterations which may need to be allocated made to the interior of the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of the Americans With Disabilities Act of 1990, as amended. Landlord shall be wholly responsible at Landlord's sole cost and expense (subject to reimbursement pursuant to and in accordance with the terms of Section 3.2 of this SectionLease, if applicable) for any accommodations or alterations which need to be made to the exterior of the Premises and/or the Project to comply with the provisions of the Americans with Disabilities Act of 1990, as amended, and the Texas Accessibility Standards, except for any accommodations or alterations required by Tenant's Work (as that term is defined in Exhibit E) or Tenant's particular use of the Premises. Notwithstanding the --------- foregoing, Landlord shall indemnify Landlord from be responsible, at its sole cost and expense (not subject to any liability and/or expense resulting from Tenant’s noncompliancereimbursement hereunder), for the completion of the Building in compliance with all applicable laws, ordinances, rules and regulations.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals The premises are to be obtained by Tenant from all relevant used for general office purposes and required governmental agencies uses related thereto and authoritiesfor no other business or purpose. The parties agree that any contrary No use shall be deemed made or permitted to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use be made of the Premises. Tenant shall not do or permit anything to be premises, nor acts done in or about the Premises premises, which will in any way interfere conflict with any law, ordinance, rule or regulation, permits, occupancy certificate, or other entitlement affecting the rights of other occupants use or occupancy of the Building premises, now or the Projecthereafter in effect, or use which will increase the existing rate of insurance policy covering the building or allow the Premises to be used for any unlawful purposepart thereof, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do sell, or permit to be done anything kept, used or sold in or about the premises any article which will invalidate or increase may be prohibited by the cost standard form of any fire insurance policy(ies) covering policy. Tenant has heretofore provided Landlord with a list of equipment to be used in the Buildingpremises and has informed Landlord that its use of the premises involves desktop publishing (not printing presses). Based on such information, Landlord acknowledges that Tenant’s contemplated use of the Project and/or their contents, premises as described above is in compliance with the existing laws affecting the building and shall comply with all applicable insurance underwriters rulesis a permitted use under this Paragraph 4. Tenant shall comply at its own expense comply with all present and future laws, ordinances, restrictionsorders, rules, regulations, orders, rules and and/or requirements of all governmental authorities that pertain pertaining to Tenant the condition, use or its use occupancy of the Premisespremises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment activities therein, provided that nothing in this Paragraph 4 shall require Tenant to make any structural alterations to any part of the Premisesbuilding or to remove or otherwise remediate any toxic or hazardous substances not placed in the premises by Tenant. Should any future law prevent Tenant’s specific use or occupancy of the premises, as herein contemplated, Tenant shall comply at its expense with all present and future covenantshave the right to terminate this lease, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by provided that Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure has used due diligence to comply with the provisions requirements of any such law but is unable to do so without changing the basic nature of its business. Tenant shall not commit, or suffer to be committed, any waste upon the premises, or any public or private nuisance, or other act or thing which may obstruct or disturb the quiet enjoyment of any other tenant in the Project, or be incompatible with a first class office building, nor shall Tenant, without the written consent of Landlord, use any apparatus, machinery or device in or about the premises which shall cause any substantial noise or vibration, or which shall substantially increase the amount of electricity or water, if any, agreed to be furnished or supplied under this Sectionlease. Tenant shall not install or use heat-generating machines, excess lighting, or other equipment which may affect the temperature otherwise maintained by the air conditioning equipment, without the prior written consent of Landlord. Tenant further agrees not to connect with electric wires or water or other pipes any apparatus, machinery or device without the consent of Landlord. Tenant may install the usual office machines and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceequipment, such as electrical typewriters, adding machines, teletypewriters, computers, computer work stations and computer equipment and similar equipment.

Appears in 1 contract

Sources: Sublease Agreement (PRN Corp)

Use. Tenant shall use the Premises only solely for the purposes stated purpose specified in Item 3 of the Basic Lease ProvisionsSection 1.1, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposeother purpose or purposes whatsoever without the prior written consent of Landlord, nor shall which consent may be withheld in Landlord's sole, absolute and arbitrary discretion. Tenant further covenants and agrees that it will not use, suffer or permit any nuisance person or commit persons to use the Premises or any waste part thereof for any use or purpose contrary to the Rules and Regulations of the Center as set forth in Exhibit G, as the same may be amended by Landlord from time to time, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local, municipal or county governing bodies or any other lawful governmental or quasi-governmental authorities having jurisdiction over the Center, or in violation of any regulations of any insurance carrier providing insurance for the Premises or the ProjectCenter. Tenant further covenants and agrees that during the Term, the Premises and every part thereof shall not perform be kept by Tenant in a first-class, clean and wholesome condition, free of any work objectionable noises, odors or conduct any business whatsoever nuisances, and that all fire, safety, health and police regulations shall, in all respects and at all times, be fully complied with by Tenant. Landlord represents that it has been advised by the City of Yorba Linda, California ("City"), that (a) the land on which the Premises are located is presently zoned PC Office and Industrial Park Zone, Subcategory C - Industrial Research and Development, and that such zoning was created by the Preannexation and Development Agreement dated October 11, 1982, recorded in the Project other than inside Official Records of Orange County on October 13, 1982, as Instrument No. 82-360356; (b) a copy of the permitted uses contained in such Preannexation and Development Agreement is attached to this Lease as Exhibit H; and (c) to obtain the City's approval of Landlord's working drawings for the proposed improvements to the Premises. , Landlord will be required to submit to the City an occupancy letter ("Occupancy Letter") signed by Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its describing in detail Tenant's proposed use of the Premises, including without limitation all federal the form and state occupational health and safety requirementscontent of which letter will be subject to the reasonable approval of Landlord before it is submitted to the City. If the City refuses to approve the Occupancy Letter within 15 days after it has been submitted, whether then either Landlord or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering have the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated right to terminate this Lease upon ten days notice to the Premises or Tenant other party, in accordance with which event all funds and documents shall be returned to the provisions thereof. Tenant party delivering the same and the parties shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of have no further obligations under this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceLease.

Appears in 1 contract

Sources: Industrial Building Lease (Celerity Group Inc)

Use. Tenant shall use the Premises only COUNTY grants to LICENSEE a license to install, maintain and operate telecommunications equipment for the purposes stated in Item 3 purpose of establishing a public safety communications system subject to the restrictions herein. A. Prior to any new installation, modification or operation, LICENSEE shall submit a copy of the Basic Lease Provisionscomplete construction plans (drawings, all in accordance specifications, structural calculations) with applicable laws appropriate stamps and restrictions signatures to COUNTY. Installation is not to proceed prior to the approval of said plans by COUNTY. Permission from COUNTY to install the equipment shall not be unreasonably withheld, delayed or conditioned. After installation, COUNTY will, within ten days, inspect installation for conformity to the plans. COUNTY reserves the right to deny permission to transmit should the installation not conform to approved plans. B. The installation and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use maintenance of the radio equipment of LICENSEE shall be deemed to cause material performed in a neat and irreparable harm to Landlord workmanlike manner and shall entitle Landlord conform in all respects to injunctive relief the fire safety and construction standards deemed applicable to such installation by the COUNTY in addition to any other available remedyits commercially reasonable discretion. TenantLICENSEE shall, at its sole cost and expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere comply with the rights requirements of other occupants of the Building or the Projectall local, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsState, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future Federal statutes, laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain regulations now enforced or which may be enforced pertaining to Tenant or its use of the PremisesFacility by LICENSEE. C. COUNTY, including without limitation at its sole cost, shall maintain the Facility, and all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the PremisesCOUNTY equipment located thereon. Tenant LICENSEE shall comply not be responsible in any manner for the maintenance and repair of the Facility or equipment belonging to COUNTY or other licensees. LICENSEE, at its expense with all present sole expense, shall be responsible for the maintenance and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering upkeep of its own equipment. D. Any improvements installed by LICENSEE at the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant Facility shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the applicable provisions of the California Environmental Quality Act. E. COUNTY, at its sole discretion, has the right to approve LICENSEE’s contractors and exclude contractors from the Premises for any reason. F. If the Facility is destroyed, COUNTY shall decide, at its sole discretion, whether to replace the Facility. If COUNTY chooses to do so, LICENSEE may be granted the opportunity to reestablish its equipment within the new facility. COUNTY acknowledges that it is extremely important that LICENSEE maintain continuous operation of its equipment. Should damage and destruction of the Facility occur, LICENSEE may be allowed to place temporary equipment at the direction of the COUNTY. Should the damage and destruction be such that COUNTY chooses not to rebuild the Facility, this SectionLicense will be deemed terminated. G. LICENSEE will negotiate and contract directly with LANDLORD for any LICENSEE use of the tower on the Property. H. As of the date of the execution of this Agreement the Licensee rack of equipment is located at a temporary location within the shelter. At a future date, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceLICENSEE will need to relocate this rack to another location within the shelter to be determined by COUNTY. The costs to relocate this equipment will be the sole responsibility of LICENSEE, with the exception of COUNTY labor costs. I. Any improvements installed by COUNTY at the Facility that require relocation of LICENSEE equipment will be communicated to LICENSEE at least 60 days prior to required relocation. All costs related to relocating LICENSEE equipment will be the sole responsibility of LICENSEE, with the exception of COUNTY labor costs.

Appears in 1 contract

Sources: Communications Site License Agreement

Use. Tenant shall use the Premises only solely for the purposes stated "Permitted Use", as --- that term is defined in Item 3 Section 12 of the Basic Lease ProvisionsSummary, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow ---------- permit the Premises to be used for any unlawful purposeother purpose or purposes whatsoever without the prior written consent of Landlord, nor which may be withheld in Landlord's sole discretion. The uses prohibited under this Lease shall Tenant permit any nuisance or commit any waste in include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the ProjectUnited States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not perform allow occupancy density of use of the Premises which is greater than the average density of the other tenants of the Building. Tenant further covenants and agrees that it shall not use, or suffer or permit any work person or conduct persons to use, the Premises or any business whatsoever part thereof for any use or purpose contrary to the Rules and Regulations, or in violation of the Project laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other than inside lawful authorities having jurisdiction over the PremisesBuilding. Tenant shall faithfully observe and comply with the Rules and Regulations. Landlord shall not do or permit be responsible to be done anything which will invalidate or increase Tenant for the cost nonperformance of any insurance policy(ies) covering of such Rules and Regulations by or otherwise with respect to the acts or omissions of any other tenants or occupants of the Building, the Project and/or their contents, and . Tenant shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future recorded covenants, conditions, easements or and restrictions now or hereafter affecting the Real Property. Tenant shall not use or encumbering allow another person or entity to use any part of the Building and/or ProjectPremises for the storage, use, treatment, manufacture or sale of hazardous materials or substances as defined pursuant to any applicable federal, state or local governmental or quasi-governmental law, code, ordinance, rule, or regulation. Landlord acknowledges, however, that Tenant will maintain products in the Premises which are incidental to the operation of its offices, such as photocopy supplies, secretarial supplies and any amendments or modifications theretolimited janitorial supplies, including without limitation which products contain chemicals which are categorized as hazardous materials. Landlord agrees that the payment use of such products in the Premises in compliance with all applicable laws and in the manner in which such products are designed to be used shall not be a violation by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereofthis Article 5. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.---------- 5.2

Appears in 1 contract

Sources: Office Lease (Mego Financial Corp)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. TenantThe uses prohibited under this Lease shall include, at its expensewithout limitation, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the PremisesPremises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials (as such materials may be identified in any federal, state or encumbering local law or regulation) in the Building and/or Project, and any amendments Premises or modifications thereto, including Project without limitation the payment prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any periodic disclosure form regarding hazardous or special dues or assessments charged against the Premises or Tenant which toxic materials that may be allocated to the Premises or Tenant in accordance with the provisions thereofrequired by any governmental agency. Tenant shall promptly also, from time to time upon demand reimburse request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord for shall have the right at any additional insurance premium charged by reason time to perform an assessment of the environmental condition of the Premises and of Tenant’s failure compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the provisions requirements of this Section, and . In all events Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any liability and/or expense resulting from release of hazardous or toxic materials caused by Tenant’s noncompliance, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Space Lease (Gardenburger Inc)

Use. Tenant shall Lessee will use and occupy the Demised Premises solely for general office purposes only and for no other purpose whatsoever. Lessor acknowledges that Lessee intends to utilize the Demised Premises for general office use in connection with the operation of a general business and data communications company, including the installation of computers, modems and other data transmission equipment in the Demised Premises, and Lessor consents thereto, subject to the terms hereof, and subject further to the terms and conditions set forth on Exhibit "E". Lessee will not use the Demised Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises manner which will in any way annoy or interfere with the rights of other occupants of tenants in the Building or and will comply with the Project, or Rules and Regulations listed under Exhibit C. Lessee will not use or allow occupy the Demised Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which and will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, and orders of the United States of America, the State of Virginia, the Fire Mars▇▇▇▇ ▇▇▇ any other public authority having jurisdiction over the Demised Premises that may affect the Demised Premises or Lessee's use and/or occupancy thereof. In no event shall Lessee generate, manufacture, prepare, use, store, treat or dispose of any polychlorinated biphenyls ("PCB's"), petroleum products or asbestos, or any hazardous, radioactive, carcinogenic, or toxic chemicals, substances pollutants, contaminants, materials or waste, including storage tanks and/or containers thereof, as such terms are defined under applicable Federal, state and local laws, ordinances or regulations, in or on the Demised Premises or the Building on the Property upon which the Demised Premises is located or any portion thereof, nor shall Lessee use, or suffer the Demised Premises to be used, for industrial or manufacturing purposes. In the event of any breach of this Section 3, Lessee agrees to defend, indemnify and hold Lessor harmless from and against any and all claims, damages, expense and liability incurred as a result, including, but not limited to, costs and attorneys' fees incurred by or on behalf of Lessor to (I) cure Lessee's breach of this Section 3, (ii) remediate the effects of Lessee's breach, or (iii) to bring Lessee into compliance with any and all federal, state and municipal orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premisesordinances, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectlaws, and any amendments or modifications thereto, including without limitation regulations. The foregoing indemnity shall be deemed to survive the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions expiration of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceLease.

Appears in 1 contract

Sources: Deed of Lease (CRL Network Services Inc)

Use. Tenant The Premises shall use the Premises be used only for the purposes stated Permitted Uses set forth in Item 3 of the Basic Lease ProvisionsInformation and for no other uses. Tenant’s use of the Premises shall be in compliance with and subject to all applicable laws, statutes, codes, ordinances, orders, rules, regulations, conditions of approval and requirements of all federal, state, county, municipal and governmental authorities and all administrative or judicial orders or decrees and all permits, licenses, approvals and other entitlements issued by governmental entities, and rules of common law, relating to or affecting the Project, the Premises or the Building or the use or operation thereof, whether now existing, including, without limitation, the Americans with Disabilities Act of 1990, 42 USC 12111 et seq. (the “ADA”) as the same may be amended from time to time, all Environmental Laws (as defined in accordance Section 12.1), and any CC&Rs or any supplement thereto recorded in any official or public records with applicable laws and restrictions and pursuant respect to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that the Building or any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedyportion thereof (“Applicable Laws”). Tenant, at its Tenant’s sole cost and expense, shall procurecomply with all Applicable Laws, maintain and make available which compliance obligation shall include the alteration of the Premises and/or any Interior improvements or fixtures in order to comply with such Applicable Laws, Tenant shall be responsible for Landlord’s inspection throughout the Termobtaining any permit, all business license, certificate of occupancy, or other permits or licenses required by any governmental approvals, licenses and permits required for the proper and lawful conduct of agency permitting Tenant’s permitted use or occupancy of the Premises, except that Landlord shall be responsible for obtaining any certificate of occupancy or comparable governmental sign-off sufficient to permit occupancy of the Premises based upon Substantial Completion of the Tenant Improvements. Landlord shall reasonably cooperate with Tenant in Tenant’s efforts to obtain any governmental permit, license or approval which is the responsibility of Tenant hereunder, at no cost, expense or liability to Landlord, Notwithstanding anything to the contrary contained in this Lease, Landlord (and not Tenant) shall be required to make, at Landlord’s cost but subject to inclusion of such costs in Operating Expenses to the extent permitted under the definition of Operating Expenses in Section 6 above, any capital improvements to the Premises required in order to cause the Premises to comply with Applicable Laws except that if such compliance work is necessitated by the particular use of, or alterations or improvements to, the Premises by Tenant or any Tenant Parties, then Tenant shall perform such compliance work at Tenant’s sole cost. In no event shall the Premises be used for any of the Prohibited Uses set forth on Exhibit D attached hereto. Tenant shall comply with the rules and regulations attached hereto as Exhibit E, together with such additional rules and regulations as Landlord may from time to time reasonably prescribe. Tenant shall not do commit waste, overload the floors or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants structure of the Building Building, subject the Premises, the Building, the Common Area or the ProjectProject to any use which would damage the same or increase the risk of loss or violate any insurance coverage, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises, take any action which would constitute a nuisance or would disturb, obstruct or endanger any other tenants, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Landlord shall not be responsible for non-compliance by any other tenant or occupant of the Project with, nor or Landlord’s failure to enforce, any of the rules or regulations or CC&Rs or any other terms or provisions of such tenant’s or occupant’s lease, but Landlord shall Tenant permit use commercially reasonable efforts to enforce the CC&Rs with respect to all Project tenants in a non-discriminatory manner (provided that nothing contained herein shall obligate Landlord to commence any nuisance litigation or commit any waste other proceeding in the Premises or the Projectpursuing such enforcement). Tenant shall not perform promptly comply with the reasonable requirements of any work board of fire insurance underwriters or conduct any business whatsoever in the Project other than inside the Premisessimilar body now or hereafter constituted. Tenant shall not do or permit any act which shall in any way encumber the title of Landlord in and to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or or the Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.​ ​ ​

Appears in 1 contract

Sources: Multi Tenant Industrial Triple Net Lease (Adara Acquisition Corp.)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant Tenant's specific improvement or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises; conversely, should any such expenditure be required of any general office user of the Premises, then Landlord shall be responsible for making the necessary alterations of the Premises, subject to inclusion of the cost thereof in Operating Expenses. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials (as such materials may be identified in any federal, state or encumbering local law or regulation) in the Building and/or Project, and any amendments Premises or modifications thereto, including Project without limitation the payment prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any periodic disclosure form regarding hazardous or special dues or assessments charged against the Premises or Tenant which toxic materials that may be allocated to the Premises or Tenant in accordance with the provisions thereofrequired by any governmental agency. Tenant shall promptly also, from time to time upon demand reimburse request by Landlord, execute such affidavits concerning Tenant's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord for shall have the right at any additional insurance premium charged by reason time to perform an assessment of the environmental condition of the Premises and of Tenant’s failure 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the provisions requirements of this Section. In all events Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. Should any hazardous or toxic material be discovered in the Premises that was not introduced by Tenant, its employees, agents, contractors or subtenants, and should Landlord be legally required to remediate same, then Landlord shall be responsible for such remediation and shall indemnify Landlord from Tenant against any liability and/or expense resulting from Tenant’s noncompliancein connection therewith. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Space Lease (Pimco Advisors Holdings Lp)

Use. Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 of Section 1.01(e) hereof, and for no other purposes. Tenant shall not use or permit the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals Premises or any portion thereof to be obtained used for any purpose other than the Permitted Use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, solely by reason of any acts of Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use or its conduct of business, there shall be deemed any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premisespay such increase. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building Project or the Project, injure or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectannoy them. Tenant shall not perform permit any work nuisance in, on or conduct any business whatsoever in the Project other than inside about the Premises. Tenant shall not do commit or permit suffer to be done anything committed any waste in or upon the Premises. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of, within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which will invalidate may now or increase hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the cost of any insurance policy(ies) covering the Buildingforegoing sentence, the Project and/or their contents, and Tenant shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain regulations pertaining to Tenant or its and governing such use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not by Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from remain liable for the costs of any liability and/or expense resulting from Tenant’s noncompliance.clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Home Interiors & Gifts, Inc. Granite Tower at The Centre, 8/17/1999

Appears in 1 contract

Sources: Office Lease (Home Interiors & Gifts Inc)

Use. (a) Tenant's access to the Premises pursuant to the Access Area Agreements may only used in accordance with the terms and conditions set forth in the Access Area Agreements. (b) Subject to the limitations set forth in Section 6(c) below and the other provisions of this Lease, Tenant shall is granted for the Term (i) the exclusive right to use the Premises only for any lawful purpose to the purposes stated in Item 3 of same extent as Landlord's rights therein, subject to the Basic Lease Provisionsterms, all in accordance with applicable laws and restrictions and pursuant limitations contained in the Property Agreements and the other Permitted Encumbrances, and the rights of third parties thereunder, and (ii) Landlord's rights under the Access Agreements, subject to approvals the terms, restrictions and limitations contained therein and in the Permitted Encumbrances, and the rights of third parties thereunder. (c) Notwithstanding anything to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any the contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. contained herein, Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted 's use of the Premises shall not (i) create waste, (ii) or violate any Environmental Laws, or (iii) unreasonably interfere with any of the Access Areas or other property adjacent to, or in the vicinity of, the Premises. In addition, Tenant's use of the Premises shall not violate any of the provisions of any Permitted Encumbrance or any Access Area Agreement. Tenant shall not do indemnify, defend and hold harmless Landlord and all other Indemnified Parties, from any and all losses, liabilities, penalties, actions, suits, claims, demands, judgments, damages, costs or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants expenses suffered as a result of the Building violation of any such Permitted Encumbrance or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Access Area Agreements by Tenant or its employees, agents, contractors, representatives, licensees, subtenants or invitees. Tenant agrees that with respect to the Permitted Encumbrances and the Access Area Agreements, Tenant shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord. (d) Landlord shall indemnify, defend and hold harmless Tenant from any and all losses, liabilities, penalties, actions, suits, claims, demands, judgments, damages, costs or expenses suffered as a result of the violation of any such Permitted Encumbrance or the Access Area Agreements by acts or omissions of Landlord or its employees, agents, contractors, representatives, licensees, subtenants or invitees after the date hereof. (e) Notwithstanding anything in this Lease to the contrary, Landlord reserves the right to grant easements affecting the Premises and/or the Access Areas for underground pipelines or in connection with the development by owners of property adjacent to, or in the vicinity of the Premises, and Tenant expressly acknowledges such reservation of rights and agrees to reasonably cooperate with Landlord in connection therewith, subject to the limitations set forth in the following sentence. Landlord and Tenant hereby agree that Landlord may only grant temporary and permanent easements for access, utility service or underground pipelines through the Premises and/or the Access Areas, provided that (i) such easements do not materially interfere with Tenant's use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not (ii) such easements comply with Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment 's utility accommodation policy at the time of the Premisesgranting thereof, and (iii) any indemnity in favor of Landlord under any such easement shall also inure to be benefit of Tenant. Tenant shall comply at its expense with provide Landlord, promptly after request therefore, a copy or summary of Tenant's then current utility accommodation policy. In addition, Tenant acknowledges and agrees that the owner of the Access Areas has reserved all present and future covenantsrights to enter in to and/or use the Access Areas, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated subject to the Premises or Tenant limitations set forth in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceAccess Area Agreements.

Appears in 1 contract

Sources: Lease Agreement (Kingsway Financial Services Inc)

Use. The Premises are to be used only for general office --- purposes. In addition, the Premises may be occupied by no more than five (5) persons per one thousand (1,000) square feet of office space (with any fractional product being rounded downward). No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant shall use immediately cease the Premises only for performance of such unlawful act or such act that is increasing or has increased the purposes stated existing rate of insurance and shall pay to Landlord any and all increases in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals insurance premiums resulting from such breach. Tenant shall not commit or allow to be obtained by committed any waste upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in the Building. If any of Tenant's office machines or equipment causes interruption with any other Building tenant's business, then Tenant from all relevant shall provide adequate insulation, or take such other action as may be necessary to eliminate the noise or disturbance at its sole cost and required governmental agencies and authoritiesexpense. The parties agree that Tenant shall not, without Landlord's prior consent, such consent not to be unreasonably withheld, conditioned or delayed, install any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition equipment, machine, device, tank or vessel which is subject to any other available remedyfederal, state or local permitting requirement. Tenant, at its expense, shall procurecomply with all laws, maintain statutes, ordinances and make governmental rules, regulations or requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant, at its expense, shall comply with all laws, statutes, ordinances, governmental rules, regulations or requirements, and the provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the Demised Premises and shall observe such reasonable rules and regulations as may be adopted and made available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required to Tenant by Landlord from time to time for the proper safety, care and lawful conduct cleanliness of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectBuilding and for the preservation of good order therein. The current rules and regulations for the Building are attached hereto as "Exhibit F". Without limiting the foregoing, --------- Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit agrees to be done anything wholly responsible at Tenant's sole cost and expense for any accommodations or alterations which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain need to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated made to the Demised Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Sectionthe Americans With Disabilities Act of 1990, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceas amended.

Appears in 1 contract

Sources: Lease Agreement (Naviant Inc)

Use. Section 5.01 Tenant shall use and occupy the Premises only for the purposes stated in Item 3 Permitted Use, and for no other purpose. Tenant shall not use or occupy, or permit the use or occupancy, of any part of the Basic Lease Provisions, all Premises in accordance with applicable laws any manner which in Landlord’s reasonable judgment is not within the customary scope of the Permitted Use and restrictions would adversely affect (i) the proper and pursuant to approvals economical rendition of any service required to be obtained furnished to any tenant, (ii) the use of any part of the Building by any other tenant; (iii) the efficient operations of the Building; or (iv) the appearance or reputation of the Building. Tenant from all relevant and required shall not at any time use or occupy, or permit anyone to use or occupy the Premises, or do or permit anything to be done in the Premises, in violation of the certificate of occupancy for the Building. Section 5.02 If any governmental agencies and authorities. The parties agree that any contrary use license or permit, other than a certificate of occupancy, shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste business in the Premises or any part thereof at any time, then Tenant shall, at its sole cost and expense, procure and thereafter maintain such license or permit and submit the Projectsame to Landlord for inspection. Tenant shall at all times comply with the terms and conditions of each such license and permit, but in no event shall failure or inability to procure or maintain such license or permit by Tenant affect Tenant’s obligations hereunder. Landlord shall cooperate with Tenant in applying for any permits required for Tenant’s use, including initial building permit for Tenant’s Work, but shall not perform be required to incur any work costs or conduct expenses in connection therewith, nor shall Landlord be responsible in any business whatsoever way to pursue or procure any such licenses or permits; it being Tenant’s sole responsibility and sole risk. Section 5.03 There shall be no separate food use or preparation on the Premises (i.e. for Tenant’s employees’ consumption) that requires any special ventilation or exhaust system, cooking facilities (other than microwaves, coffee makers and vending machines in the Project kitchenette areas) or special refuse removal. There shall be no use of toaster ovens or other than inside kitchen equipment (e.g. popcorn in microwave ovens) that has a tendency to set off smoke/fire alarms. Section 5.04 Tenant may, to the Premises. Tenant extent provided in Tenant’s Approved Plans, and otherwise with the consent of Landlord, which shall not do be unreasonably withheld, install, maintain, or permit to be done anything which will invalidate or increase operate in the cost of any insurance policy(ies) covering the BuildingPremises telecommunications interconnect systems and data processing, the Project and/or their contentscomputer, and other business machines customarily used in offices; provided, however, Tenant shall comply with all of the terms of this Lease that may be applicable insurance underwriters rulesto such installation, maintenance or operation and shall give Landlord prior notice of the installation thereof, except that no such notice shall be required for any such installation as part of Tenant’s Work. If and to the extent Tenant utilizes any space on the roof of the Building pursuant to any rights conferred upon Tenant herein, it shall comply with the following requirements at all times and in all respects. A. Tenant’s right to make and maintain any installations on the roof shall be subject to the reasonable approval rights of Landlord and Landlord’s architect with respect to the plans and specifications for such equipment, facilities and installations the “Rooftop Facilities”, including, without limitation: (i) the size, height and dimensions of the Rooftop Facilities; (ii) the manner in which the Rooftop Facilities are attached to the roof of the Building (including water penetration prevention) and the manner in which any cables are run to and from the Rooftop Facilities and the routing and manner of installation of cables, conduits and lines through the Building core shafts to and from the Premises and Rooftop Facilities. Tenant shall comply at its expense be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing of the Rooftop Facilities. B. Landlord agrees that, upon reasonable prior notice to Landlord, Tenant shall have access to the Rooftop Facilities space and other areas of the Building where Tenant’s cables and other items of Rooftop Facilities are installed whenever reasonably required for the purpose of installing, maintaining, repairing, replacing and removing the Rooftop Facilities, provided that, in the event of an emergency, Landlord will use reasonable efforts to provide Tenant with all present immediate access to the roof space and future lawssuch other necessary areas. Only authorized engineers, ordinancesemployees or properly authorized contractors of Tenant, restrictionslicensed inspectors or persons under their direct supervision will be permitted to have access to the roof space through the Tenant. Tenant further agrees to exercise firm control over the people requiring access to the roof space in order to keep to a minimum the number of people with access and the frequency of their visits. C. Tenant shall be responsible for assuring that the installation, regulationsmaintenance, ordersoperation and removal of the Rooftop Facilities will in no way damage the Building or roof thereof, rules and requirements of all governmental authorities that pertain to Tenant or its materially interfere with the use of the PremisesBuilding and roof by Landlord. Tenant agrees to be responsible for any damage caused to the roof or any other part of the Building, including without limitation which may be caused by Tenant or any of its agents or representatives. D. All Rooftop Facility installations and operations in connection with by Tenant shall meet with all federal applicable rules and regulations of the Federal Communications Commission (“FCC”) and all applicable federal, state occupational health and safety requirementsmunicipal codes and regulations. Landlord assumes no responsibility for the licensing, whether or not operation and/or maintenance of Tenant’s compliance will necessitate expenditures or interfere with its use Rooftop Facilities and enjoyment Tenant has the sole responsibility of carrying out the terms of any applicable communication licenses in all respects. E. Tenant shall be solely responsible for the cost of installation, operation, cleanliness, maintenance and removal of the PremisesRooftop Facilities and their appurtenances, all of which shall remain the personal property of Tenant, and which shall be removed by Tenant at its own expense at the termination of the Lease. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and repair any amendments or modifications theretodamage caused by such removal, including without limitation the payment by Tenant patching of any periodic holes or special dues penetrations to match, as closely as possible, the color surrounding the area where the equipment and appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any interference with any other tenants or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereofLandlord. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason agrees to maintain all of Tenant’s failure equipment placed on or about the roof in proper operating condition and maintain same in satisfactory condition as to comply appearance and safety. Tenant agrees that at all times during the term of this Lease, it will keep the Rooftop Facilities totally free of all trash, debris, or waste materials. F. Tenant must provide Landlord with prior notice of any Rooftop Facility installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. In the event Landlord contemplates an of its own roof repairs that may interfere with the provisions Rooftop Facilities, Landlord shall formally notify Tenant at least ten (10) days in advance prior to the commencement of this Sectionsuch contemplated work; provided that, in the event of an emergency, Landlord shall not be required to give Tenant ten (10) days’ notice but, in good faith, shall give Tenant as much notice and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceinformation as is reasonably possible considering the nature of the emergency.

Appears in 1 contract

Sources: Lease Agreement (Carbonite Inc)

Use. Section 3.01. Tenant shall use and occupy the Demised Premises only solely for executive and general business office purposes and as a computer training facility for computer operators, and for no other purpose. Section 3.02. If any governmental license or permit, other than a certificate of occupancy for the purposes stated in Item 3 of the Basic Lease ProvisionsBuilding, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of 's business in the PremisesDemised Premises or any part thereof, Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and furnish a photostatic copy thereof to Landlord upon Landlord's request therefor. Tenant shall at all times comply with the terms and conditions of each such license or permit. (a) Any provision hereof to the contrary notwithstanding, Tenant shall not do use the Demised Premises or any part thereof or permit the Demised Premises or any part thereof to be used (i) for a banking, trust company, depository, guarantee or safe deposit business, (ii) as a savings bank, or as a savings and loan association or as loan company, (iii) for the sale of travelers' checks, money orders, drafts, foreign exchange or letters of credit or for the receipt of money for transmission, (iv) as restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, except for vending machines for the sale of prepackaged consumer quantity foods and beverages to Tenant, its employees and guests and a pantry for the preparation of coffee or tea, (vi) as a State of New York accredited school, (vii) by any agency or department of the United States Government or the City or State of New York or any foreign government or instrumentality, (viii) for public stenography, (ix) for an employment or placement agency, or (x) for the business of photographic or offset printing. (b) Tenant shall not suffer or permit the Demised Premises or any part thereof to be used in any manner, or anything to be done therein, or suffer or permit anything to be done in brought into or about the Premises kept therein. which will would in any way (i) violate any of the provisions of any 'Superior Lease. or 'Superior Mortgage' provided such terms, conditions or provisions are provided to Tenant in advance, as defined herein, the certificate of occupancy for the Demised Premises or the Building or the requirements of public authorities, (ii) cause, or in Landlord's reasonable opinion be likely to cause, physical damage to the Building, (iii) constitute a public or private nuisance, (iv) impair the appearance, character or reputation of the Building, (v) interfere with the rights normal operation of the heating, air-conditioning. ventilating, plumbing or other occupants mechanical or electrical systems of the Building or the Projectelevators installed therein, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies(vi) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures impair or interfere with its the use and enjoyment of any of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering other areas of the Building and/or Projectby, and or occasion discomfort, annoyance or inconvenience to, Landlord or any amendments of the other tenants or modifications thereto, including without limitation occupants of the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceBuilding.

Appears in 1 contract

Sources: Lease (New Horizons Worldwide Inc)

Use. Tenant shall use the Premises only solely for the purposes stated purpose specified in Item 3 of the Basic Lease ProvisionsSection 1.1, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposeother purpose or purposes whatsoever without the prior written consent of Landlord, nor shall which consent may be withheld in Landlord's sole, absolute and arbitrary discretion. Tenant further covenants and agrees that it will not use, suffer or permit any nuisance person or commit persons to use the Premises or any waste part thereof for any use or purpose contrary to the Rules and Regulations of the Center as set forth in Exhibit "G," as the same may be amended by Landlord from time to time, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local, municipal or county governing bodies or any other lawful governmental or quasi-governmental authorities having jurisdiction over the Center, or in violation of any regulations of any insurance carrier providing insurance for the Premises or the ProjectCenter. Tenant further covenants and agrees that during the Term, the Premises and every part thereof shall not perform be kept by Tenant in a first-class, clean and wholesome condition, free of any work objectionable noises, odors or conduct any business whatsoever nuisances, and that all fire, safety, health and police regulations shall, in all respects and at all times, be fully complied with by Tenant. Landlord represents that it has been advised by the City of Yorba Linda, California ("City"), that (a) the land on which the Premises are located is presently zoned PC Office and Industrial Park Zone, Subcategory C - Industrial Research and Development, and that such zoning was created by the Preannexation and Development Agreement dated October 11, 1982, recorded in the Project other than inside Official Records of Orange County on October 13, 1982, as Instrument No. 82-360356; (b) a copy of the permitted uses contained in such Preannexation and Development Agreement is attached to this Lease as Exhibit "H"; and (c) to obtain the City's approval of Landlord's working drawings for the proposed improvements to the Premises. , Landlord will be required to submit to the City an occupancy letter ("Occupancy Letter") signed by Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its describing in detail Tenant's proposed use of the Premises, including without limitation all federal the form and state occupational health and safety requirementscontent of which letter will be subject to the reasonable approval of Landlord before it is submitted to the City. If the City refuses to approve the Occupancy Letter within 15 days after it has been submitted, whether then either Landlord or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering have the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated right to terminate this Lease upon ten days notice to the Premises or Tenant other party, in accordance with which event all funds and documents shall be returned to the provisions thereof. Tenant party delivering the same and the parties shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of have no further obligations under this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceLease.

Appears in 1 contract

Sources: Industrial Building Lease (Celerity Group Inc)

Use. (a) Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 Article 1.G. of the Basic Lease Provisions, all in accordance with applicable laws Provisions and restrictions and pursuant to approvals shall not use or occupy the Premises or permit the same to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to used or occupied for any other available remedypurpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord's sole and absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to interfere with or infringe upon the rights of other tenants or occupants in the Project. TenantTenant shall, at its sole cost and expense, shall procurepromptly comply with all laws, maintain and make available for Landlord’s inspection throughout statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the Termcondition, all governmental approvals, licenses and permits required for use or occupancy of the proper and lawful conduct of Premises (excluding structural changes to the Project not related to Tenant’s permitted 's particular use of the Premises. Tenant shall not do ), and/or (ii) improvements installed or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste constructed in the Premises by or for the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premisesbenefit of Tenant. Tenant shall not do or permit to be done anything which will would invalidate or increase the cost of any fire and extended coverage insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable insurance underwriters reasonable rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules regulations and requirements of all governmental authorities that pertain any organization which sets out standards, requirements or recommendations commonly referred to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projectby major fire insurance underwriters, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand and evidence of such increase from Landlord reimburse Landlord for any additional premium charges for any such insurance premium charged policy assessed or increased by reason of Tenant’s 's failure to comply with the provisions of this SectionArticle. (b) Tenant, at its sole cost and expense, covenants to conduct its business operations from the Premises strictly in accordance with all city, county, state and federal laws, rules, regulations, ordinances and generally accepted health care industry standards and practices, to the extent same presently exist or may exist in the future (collectively, “Applicable Law”), including but not limited to (i) compliance with any and all Occupational Safety and Health Administration guidelines, rules and standards, and (ii) ensuring that all waste products, including without limitation, any medical waste, if any, generated by Tenant or present within the Premises or the Project as a result of Tenant's use of the Premises, are appropriately used, stored, handled, transported and/or disposed of in strict accordance with all Applicable Laws. (c) Tenant hereby agrees, at its sole cost and expense, to comply with any and all procedures, practices, rules, standards, guidelines and/or special precautions which are required by any applicable city, county, state and federal law, regulation, ordinance and/or health care standard and practice, as a result of the particular use of the Premises by Tenant. (d) Tenant agrees not to engage in the practice of abortion services from the Premises. If any of the services provided from the Premises results in protests or demonstrations at the Project, Tenant shall indemnify Landlord discontinue such services upon notice from Landlord. Tenant agrees not to dispense any liability and/or expense resulting from Tenant’s noncompliancedrugs for remuneration (including without limitation any medicinal marijuana or similar substances). Tenant shall not allow any client or patient to reside in or remain in the Premises on an overnight or in-patient basis.

Appears in 1 contract

Sources: Standard Office Lease (Castle Biosciences Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws Provisions and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesfor no other use whatsoever. The parties agree that any contrary use uses prohibited under this Lease shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenantinclude, at its expensewithout limitation, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the PremisesPremises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; or (iii) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. , provided, however, that if: (i) such compliance would apply to all similar buildings and is not due to Tenant’s particular manner of use of the Premises, and (ii) such improvements have a useful life that extends beyond the Term, then Landlord shall construct such improvements and Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering only be obligated to pay an amortized portion on a monthly basis based on that portion of the Building and/or Project, and any amendments or modifications thereto, including without limitation useful life that occurs during the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceTerm.

Appears in 1 contract

Sources: Lease (Meade Instruments Corp)

Use. Tenant Sublessee shall use and occupy the Subleased Premises only for the purposes stated in Item 3 permitted under the Prime Lease and for no other purpose. Sublessee shall observe and comply with all Rules and Regulations of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesBuilding. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant Sublessee shall not do use, generate, store, treat, dispose of, or permit anything to be done in otherwise introduce into, on or about the Subleased Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposeHazardous Substances (as hereinafter defined), nor shall Tenant Sublessee cause or permit any nuisance other person or commit entity to do so. Hazardous Substances means any hazardous waste, hazardous substance, pollutant, contaminant, biological waste or solid waste as defined in the Premises Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601 et seq., and any other applicable federal, state or the Project. Tenant shall not perform any work local laws or conduct any business whatsoever ordinances, and in the Project rules and regulations thereunder, as may be amended, supplemented or superseded from time to time, including without limitation any polychlorinated biphenyls (PCB's), urea formaldehyde, asbestos or petroleum or petroleum containing products or any other than inside substance which may at any time be a violation or support a claim or cause of action for liability under common law or any federal, state or local health, safety, or environmental statute, regulation, ordinance or other environmental regulatory requirement, whether currently or as a result of future removal. Sublessee agrees to clean up Hazardous Substances on the Subleased Premises. Tenant , if caused or permitted by Sublessee (or if Sublessee shall not do or permit to be done anything otherwise responsible therefor), in a manner which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesall health, safety and environmental laws and requirements. Tenant Upon request, Sublessee shall comply at its expense cooperate with all present Sublessor and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all Prime Landlord in furnishing to a governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and authority any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant information which may be allocated to the Premises or Tenant in accordance with the provisions thereofrequired regarding all health, safety and environmental matters. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the The provisions of this SectionParagraph regarding all health, safety and environmental matters shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancesurvive the expiration or sooner termination of this Lease.

Appears in 1 contract

Sources: Sublease Agreement (Syscomm International Corp)

Use. The Premises shall be used and occupied for general business office purposes and for no other use or purpose. Tenant shall comply with all present and future Laws relating to Tenant's use or occupancy of the Premises only for (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the purposes stated "Building Rules" (as defined in Item 3 Section 27 - RULES AND REGULATIONS) except that repairs or alterations required to comply with Laws either (x) caused by Tenant's particular use or activities or by any Alterations made by Tenant (or which Landlord makes on behalf of Tenant because of such particular use, activity or Alteration), shall be made by Landlord at Tenant's cost and expense, to be paid by Tenant to Landlord upon demand following completion of any such repairs or alterations, or (y) generally applicable to the condition of the Basic Lease ProvisionsPremises for use as office space, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained not required or caused by Tenant's particular use or activities or by any Alterations made by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use (or which Landlord makes on behalf of Tenant because of such particular use, activity or Alteration), shall be deemed to cause material made by Landlord (and irreparable harm to Landlord and the cost thereof shall entitle Landlord to injunctive relief be included in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premisesor excluded from Operating Costs as provided in Section 3.2(a)(3) above). Tenant shall not do do, bring, keep or permit sell anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Projectthat is prohibited by, or use that will cause a cancellation of or allow an increase in the existing premium for, any insurance policy covering the Project or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in the Project. Without limiting the foregoing, the Premises shall not be used for educational activities (except for education of Tenant's employees and occasional training, seminars and similar events for Tenant's customers, subject to the provisions of this Lease, including, without limitation, Sections 9.2 and 37), practice of medicine or any unlawful purposeof the healing arts, nor providing social services, for any governmental use (including embassy or consulate use), or for personnel agency, customer service office, studios for radio, television or other media, travel agency or reservation center operations or uses. Tenant shall Tenant permit any nuisance not, without the prior consent of Landlord, (i) bring into the Project or commit any waste the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or any Building or any of the Project. Tenant shall not perform any work heating, ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or conduct any business whatsoever other systems in the Building and the Project ("BUILDING SYSTEMS"), or jeopardize the structural integrity of such Building or any part thereof; (ii) connect to the utility systems of such Building any apparatus, machinery or other equipment other than inside typical office equipment; or (iii) connect to any electrical circuit in the Premises. Tenant shall not do Premises any equipment or permit to be done anything which will invalidate or increase the cost other load with aggregate electrical power requirements in excess of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use 80% of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment rated capacity of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancecircuit.

Appears in 1 contract

Sources: Lease Agreement (Inktomi Corp)

Use. (a) Tenant shall use the Premises only for the purposes stated Permitted Use (as defined in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Information) provided that Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed under no obligation to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief operate or conduct any business in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do occupy or use the Premises, or permit any portion of the Premises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in-part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done in or about the Premises which that will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost rate of any insurance policy(ies) covering on the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant Building or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereofcontents. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged for any such insurance by reason of Tenant’s failure to comply with the provisions of this SectionParagraph. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, interfere with, annoy or disturb other tenants or interfere with Landlord in the management of the Building, the Property or the Park. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other agencies or bodies having jurisdiction over the Premises and governing the use, condition or occupancy of the Premises, whether existing as of the Commencement Date or enacted subsequent thereto. (b) If any governmental license or permit shall indemnify Landlord from any liability and/or expense resulting from be required for the proper and lawful conduct of Tenant’s noncompliancebusiness in the Premises or any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit a photocopy of the same to Landlord. Landlord agrees to cooperate with Tenant and to execute such applications, certificates and other documents as Tenant shall reasonably request in order for Tenant to procure or maintain any such license or permit, provided that same is at no cost or expense to Landlord. Tenant 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 Premises, or do or permit anything to be done in the Premises, in any manner which (i) violates the existing, permanent Certificate of Occupancy for the Premises; (ii) causes or is likely to cause injury to the Building or any equipment, facilities or systems therein; (iii) constitutes a violation of the Legal Requirements; (iv) materially impairs the character, reputation or appearance of the Building as a Class A office building; or (v) materially impairs the proper and economic maintenance, operation and repair of the Building and/or its equipment, facilities or systems.

Appears in 1 contract

Sources: Office Building Lease Agreement (Sento Corp)

Use. Tenant shall continuously occupy and use the Premises only for general office use or uses incidental thereto, all of which shall be consistent with the purposes stated in Item 3 standards of a first class office project (the "Permitted Use") and shall comply, at Tenant's expense, with all Regulations relating to the use, condition, alteration, improvement, access to, and occupancy of the Basic Lease ProvisionsPremises (including the Palomar over flight restrictions document #1998-0362387, all in accordance with applicable laws as recorded on June 15, 1998 and restrictions resolution nos. 4234 and pursuant 4244, document #1998-0362388, as recorded on June 15, 1998), including without limitation, Regulations relating to approvals Hazardous Materials (defined below). Should any Regulation now or hereafter be imposed on Tenant or Landlord by any governmental body relating to be obtained the use or occupancy of the Premises or the Project common areas by Tenant from all relevant and required governmental agencies and authorities. The parties agree that or any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. TenantTenant Party or concerning occupational, health or safety standards for employers, employees, or tenants, then Tenant agrees, at its sole cost and expense, shall procure, maintain to comply promptly with such Regulations if such Regulations relate to anything within the Premises or if compliance with such Regulations is within the control of Tenant and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use applies to an area outside of the Premises. Tenant shall conduct its business and shall cause each Tenant Party to act in such a manner as to (a) not do release or permit anything to be done the release of any Hazardous Material in, under, on or about the Project in violation of any Regulations, (b) use or store any Hazardous Materials (other than incidental amounts of cleaning and office supplies) in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, (c) not create or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit unreasonable interference with or disturbance of other tenants of the Project or Landlord in its management of the Project or (d) not on a continuing basis, create any waste occupancy density in the Premises or parking density with respect to Tenant and any Tenant Party at the Project. Tenant shall not perform any work or conduct any business whatsoever Project greater than those specified in the Project other than inside the PremisesBasic Lease Information. Tenant shall not do "Hazardous Material" means any hazardous, explosive, radioactive or permit to be done anything toxic substance, material or waste which will invalidate is or increase the cost of becomes regulated by any insurance policy(ieslocal, state or federal governmental authority or agency, including, without limitation, any material or substance which is (i) covering the Buildingdefined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," "pollutant" or "contaminant" under any Regulation, the Project and/or their contents(ii) a flammable explosive, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws(iii) a radioactive material, ordinances(iv) a polychlorinated biphenyl, restrictions(v) asbestos or asbestos containing material, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance(vi) a carcinogen.

Appears in 1 contract

Sources: Office Lease (Electronic Arts Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s 's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s 's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the BuildingBuilding or its contents (unless, with respect to any such increase in such cost, Tenant shall promptly upon demand reimburse Landlord for the Project and/or their contentsincreased cost), and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or ProjectBuilding, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s 's failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s 's noncompliance.

Appears in 1 contract

Sources: Industrial Lease (Homegrocer Com Inc)

Use. (a) Not to use the Premises for any purpose other than the Permitted Use; (b) Not to commit, waste or use the Premises for gambling or any offensive trade or business or any illegal, immoral or improper purposes or so as to cause nuisance, damage or danger to the Landlord or the occupiers of neighbouring premises; (c) Not to use the Premises for the storage of goods other than in small quantities consistent with the nature of the Tenant’s trade or business, provided that storage of such small quantities of goods shall comply with all directions from the Landlord from time to time and all applicable provisions in Clause 3.18 (Dangerous Goods, Hazardous Substances and Laboratory Safety) below; (d) Not to keep at the Premises any Dangerous Goods and Hazardous Substances. Provided that if it is necessary to keep any Dangerous Goods and/or Hazardous Substances at the Premises in the normal course of the Permitted Use, the Tenant shall inform the Landlord of the nature of such Dangerous Goods and/or Hazardous Substances and provide such other information as the Landlord may request from time to time. The use, storage, handling, release, treatment, manufacture, processing, deposit, transportation or disposal (including into any Service Media) of any Dangerous Goods and/or Hazardous Substances should comply with all the directions and requirements of the Landlord and in accordance with Clause 3.18 (Dangerous Goods, Hazardous Substances and Laboratory Safety) of this Lease. Notwithstanding the foregoing, the Landlord may at any time demand the Tenant to remove any and all Dangerous Goods and/or Hazardous Substances from the Premises for any reason whatsoever, and the Tenant shall comply forthwith. For the avoidance of doubt and without limiting the Tenant’s obligation to indemnify the Landlord under Clause 3.13 (Indemnities), the Tenant shall indemnify and hold harmless the Landlord from any and all claims, damages, fines, judgments, penalties, costs, expenses or liabilities (including, without limitation, any and all sums paid for settlement of claims, legal fees, consultant and expert fees) arising, during or after the Term from or in connection with the Tenant’s breach of this Clause 3.8(d); (e) Not to make any noise (including but not limited to music or sound produced by broadcasting from television, radio and any equipment capable of producing or reproducing music or sound) which is audible outside the Premises, or make any vibration or odour in the Premises which is or may be a nuisance to the occupiers of nearby premises, or allow any smoke, fumes or gas to escape from the Premises; or do anything on the Premises which may be a nuisance or cause annoyance, danger, injury or damage to the Landlord or any neighbouring tenants or occupiers; (f) Not to place on the Premises anything (including any safe) of a weight in excess of the floor loading of the Premises prescribed by the Landlord, or on parts of the Premises containing reinforced flooring, anything of a weight in excess of the appropriate weightings for which such reinforcements were designed and to comply with any prescription by the Landlord of the maximum weight and permitted location of safes and other heavy equipment and any requirements of the Landlord that the same stand on supports of such dimensions and materials as the Landlord reasonably determines; (g) To use the raised flooring and false ceiling (if any) in the Premises with care and in accordance with the Landlord’s instructions and not to overload, scratch or place any article which would release water onto the raised flooring or false ceiling; Lease Agreement - Ewell 2024 (h) To comply with all legislation in relation to: (i) the Premises, (ii) the conduct of the Tenant’s business on the Premises (including the use, handling, storage and disposal of all biological samples collected and/or used in the course of the Tenant’s business, and (iii) the storage of any Dangerous Goods and/or Hazardous Substances in accordance with this Clause 3.8(d) (Use), Clause 3.18 (Dangerous Goods, Hazardous Substances and Laboratory Safety) herein). Furthermore, the Tenant shall apply for all requisite licences and permits that may be required from all competent authorities to lawfully conduct the Tenant’s business and activities at the Premises; (i) Not to do anything which would amount to a breach or non-observance of any provision of the Government grant under which the Landlord holds the portion of the Development on which the Building is situated; (j) To ensure that all refuse is disposed of by arrangement with and in containers specified by the Landlord, and if the Landlord provides a collection service for refuse, to use such service exclusively at the sole cost of the Tenant. Where recycling facilities are provided by the Landlord, the Tenant shall use its best endeavours to dispose of all recyclable refuse through such recycling facilities; (k) Not to place or leave anything in the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant Common Parts nor to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do tout or permit solicit business or distribute anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of within the Building or the ProjectDevelopment without the prior written approval of the Landlord; (l) To take delivery of furniture, equipment, fittings or bulky items in and out of the Building only during the hours specified by the Landlord from time to time, and to take such delivery only in the lift and along the route designated for that purpose by the Landlord; (m) Not to discharge into any Service Media any substance that may obstruct, pollute, or use cause any damage or allow danger to the Service Media; (n) Not to conduct any auction, fire sale, bankruptcy sale or any similar activities at the Premises; (o) Not to keep any animals, birds or pets of any kind inside the Premises, and to take all precautions to the reasonable satisfaction of the Landlord to prevent the Premises from becoming infested by pests including, if the Landlord so requires, the employment at the Tenant’s cost of such pest extermination contractors and at such intervals as the Landlord may reasonably determine; (p) Not to be used allow any person to use the Premises for residential purposes; and (i) Subject to sub-paragraphs (ii) and (iii) below, not to display, publish, publicize, advertise or represent anything relating to, involving or including the whole or any unlawful purposepart of the names, nor shall Tenant permit any nuisance characters or commit any waste in words of the Landlord, the Development, the Building or the Premises or the Project. Tenant shall whole or any part of the words “Hong Kong Science Park”, “Hong Kong Science and Technology Parks”, “Hong Kong Science and Technology Parks Corporation”, or unless the facts displayed, published, publicized, advertised or represented are true and accurate. (ii) Subject to sub-paragraph (iii) below, not perform to display, publish, publicize, advertise or represent such of its logos or marks bearing the whole or any work part of the names, characters or conduct any business whatsoever in words of the Project other than inside Landlord, the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering Development, the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant Premises or its use the whole or any part of the Premiseswords “Hong Kong Science Park”, “Hong Kong Science and Technology Parks”, “Hong Kong Science and Technology Parks Corporation”, Lease Agreement - Ewell 2024 (iii) The Tenant may with the prior written approval of the Landlord (which approval may be given or refused at the Landlord’s discretion and, if given, may be subject to such conditions the Landlord deems fit to impose) display, publish, publicize, advertise or represent the Landlord’s logos or marks provided that the design and specification of such logos or marks shall be in accordance with and in line with the Landlord’s logo specification. (iv) Not to do anything (including without limitation all federal not to make any representation) which in the opinion of the Landlord prejudices or may or is likely to prejudice the goodwill or reputation of the Landlord, the Government of the Hong Kong SAR and/or any part(s) of the Development, the Building or the Premises. In particular but without prejudice to the generality of the foregoing and state occupational health the Landlord’s other rights and safety requirementsremedies, the Landlord reserves the right to request the cessation of any activity conducted or to be conducted by the Tenant whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment previously permitted by the Landlord which is in the opinion of the PremisesLandlord in breach of this Clause 3.8(q). The Tenant shall comply upon the Landlord’s such request forthwith cease such activity and rectify the breach by taking all such actions which the Landlord shall deem necessary at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the absolute discretion; (r) Notwithstanding other provisions of this SectionLease, and shall indemnify the Tenant agrees that the Landlord from any liability and/or expense resulting from may without the need to obtain the Tenant’s noncomplianceapproval or consent display, publish, publicize, advertise or represent the Tenant’s logos or marks or anything relating to, involving or including the whole or any part of such logos or marks in any of its promotional or advertising material at the Landlord’s absolute discretion without being liable to the Tenant for damages, compensation or royalty payment; and (s) Notwithstanding other provisions of this Lease, if the Landlord in its reasonable opinion determines that this Lease ought to be terminated based on the ground that its continuation (in whole or in part) would be impermissible under laws of Hong Kong or would have an adverse impact on the reputation of the Landlord and/or the Government of the Hong Kong SAR; the Landlord shall be entitled to terminate this Lease and in such event.

Appears in 1 contract

Sources: Lease Agreement (Ultra High Point Holdings LTD)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenantsnot generate, conditionshandle, easements store or restrictions now dispose of hazardous or hereafter affecting toxic materials (as such materials may be identified in any federal, state or encumbering local law or regulation) in the Building and/or Project, and any amendments Premises or modifications thereto, including Project without limitation the payment prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any periodic disclosure form regarding hazardous or special dues or assessments charged against the Premises or Tenant which toxic materials that may be allocated to the Premises or Tenant in accordance with the provisions thereofrequired by any governmental agency. Tenant shall promptly also, from time to time upon demand reimburse request by Landlord, execute such affidavits concerning Tenant's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord for shall have the right at any additional insurance premium charged by reason time to perform an assessment of the environmental condition of the Premises and of Tenant’s failure 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records relating to hazardous or toxic materials at the Premises. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the provisions requirements of this Section; otherwise, the same shall be at Landlord's expense and not a Building Cost. In all events Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any liability and/or expense resulting from release of hazardous or toxic materials caused by Tenant’s noncompliance, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Office Space Lease (Quest Software Inc)

Use. Tenant 5.01 The Demised Premises shall be used and occupied by Lessee solely for offices, chemical and biological laboratories and pilot plants, combustion laboratories, light manufacturing and other related activities, and for no other or additional purpose without the prior written consent of Lessor. 5.02 Lessee shall not use the Demised Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals or permit anything to be obtained done in or about the Demised Premises which is prohibited by Tenant from all relevant and required or will in any way conflict with any law, statute, ordinance or governmental agencies and authoritiesrule or regulation now in force or which may hereafter be in force, or which is prohibited by the standard form of fire insurance policy, or will in any way increase the existing rate of any fire or other insurance covering the Industrial Center or any of its contents, or cause any change or cancellation of such insurance. The parties agree judgment of any court of competent jurisdiction or the admission of Lessee in any action against Lessee, whether Lessor be a party thereto or not, that Lessee has violated any contrary use law, statute, ordinance or governmental rule, regulation or requirement, shall be deemed to cause material conclusive of that fact as between Lessor and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedyLessee. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant Lessee shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other occupants of tenants in the Building Industrial Center, or the Projectinjure or annoy them, or use or allow the Demised Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant Lessee cause, maintain or permit any nuisance in, on or about the Demised Premises or commit or suffer to be committed any waste in, on or about the Demised Premises. 5.03 Lessee shall, at its sole expense, secure and maintain in the Premises or the Project. Tenant shall not perform full force and effect any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Buildingand all licenses, the Project and/or their contentspermits, authorizations, and shall comply with other approvals required by any governmental agency for activities conducted and materials stored or used by Lessee at the Demised Premises, including, but not limited to, all applicable insurance underwriters rules. Tenant shall comply at its expense with all present licenses, permits and future laws, ordinances, restrictions, regulations, orders, rules approvals relating to the storage and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether hazardous or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Projecttoxic materials, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant Lessee shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to at all times comply with the provisions of this Sectionconditions and requirements that may be contained in or imposed by any such licenses, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancepermits or approvals.

Appears in 1 contract

Sources: Real Estate Matters Agreement (Catalytica Energy Systems Inc)

Use. Tenant shall use and occupy the Premises only for the purposes stated use set forth in Item 3 Article 1.G. of the Basic Lease Provisions, all in accordance with applicable laws Provisions and restrictions and pursuant to approvals shall not use or occupy the premises or permit the same to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to used or occupied for any other available remedy. Tenantpurpose without the prior written consent of Landlord, at its expensewhich consent may be given or withheld in Landlord's sole and absolute discretion, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted Tenant agrees that it will use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way such a manner so as not to interfere with or infringe the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste tenants in the Premises or the Project. Tenant shall not perform any work violate the laws, statutes, ordinances and governmental regulations or conduct any business whatsoever requirements now in force or which may hereafter be in force relating to or affection (i) the condition, use or occupancy of the Premises or the Project excluding structural changes to the Project not related to Tenant's particular use of the Premises, and (ii) improvements installed or constructed in the Project other than inside Premises by or for the Premisesbenefit of Tenant. Tenant shall not do or permit to be done anything which will would invalidate or increase the cost of any fire and extended coverage insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulationsnot violate the rules, orders, rules regulations and requirements of all governmental authorities that pertain any organization which sets out standards, requirements or recommendations commonly referred to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereofmajor fire insurance underwriters. Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance premium charged policy assessed or increased by reason of Tenant’s failure 's violation of the provisions of this Article. Landlord shall take the necessary steps to comply with what Landlord reasonably believes are the requirements of the Americans With Disabilities Act ("ADA") in effect as of the date of this Lease as it pertains to the common areas within the Project including, without limitation, restrooms and elevators. Operating Costs shall not include any cost incurred by Landlord in connection with upgrading the Project to comply with the provisions requirements of the ADA that are in effect as of the date of this SectionLease, including penalties or damages incurred due to such noncompliance. Tenant shall, at its sole cost and shall indemnify Landlord from any liability and/or expense resulting from expense, be responsible for complying with ADA requirements within the Premises following Landlord's delivery of the Premises to Tenant’s noncompliance.

Appears in 1 contract

Sources: Master Lease (Inetvisionz Com Inc)

Use. Tenant shall use the The Premises only are to be used solely for the purposes stated in Item 3 Paragraph 1.8 and Paragraph 6 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authoritiesthis Lease. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other Lessees or occupants of the Building and Industrial Center or the Projectinjure, annoy, or use disturb them or allow the Premises to be used for any unlawful improper, immoral, unlawful, or objectionable purpose. Lessee shall not do, permit or suffer in, on or about the Premises the sale of any alcoholic liquor without the written consent of Lessor first obtained , or the commission of any waste. Lessor shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in or upon, or in connection with, the Premises, all at Lessee’s sole expense. Lessee shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or the Industrial Center or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or the Industrial Center or any part thereof. Lessee shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees to at any time handle, use, manufacture, store or dispose of in or about the Premises or the Building and the Industrial Center any (collectively “Hazardous Material”) flammables, explosives, radioactive materials, hazardous waste or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulation issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”), nor shall Tenant Lessee suffer or permit any nuisance or commit Hazardous Materials to be used in any waste manner not fully in compliance with all Environmental Laws, in the Premises or the ProjectBuilding and the Industrial Center appurtenant land or allow the environment to become contaminated with Hazardous Materials. Tenant Notwithstanding the foregoing, and subject to Lessor’s prior consent, Lessee may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for general office purposes; provided that Lessee shall not perform always handle, store, use, and dispose of any work or conduct any business whatsoever such Hazardous Materials in the Project other than inside a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building or Industrial Center and appurtenant and or the environment. Tenant Lessee shall not do protect, defend , indemnify and hold each of the Lessor Entities (as defined in Paragraph 30) harmless from and against any and all of loss, claims, liability or permit to be done anything which will invalidate or increase the cost costs (including court costs and attorney’s fees) incurred by reason of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall actual or asserted failure of Lessee to fully comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future lawsEnvironmental Laws or the presence, ordinanceshandling, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant use or its use of disposition in or from the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant Premises of any periodic Hazardous Materials (even though permissible under all applicable Environmental Laws or special dues the Provisions of this Lease), or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s any actual or asserted failure of Lessee to comply with the provisions keep, observe, or perform any provision of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliancesection.

Appears in 1 contract

Sources: Standard Industrial/Commercial Tenant Lease (Invivo Corp)

Use. Tenant shall use and occupy the Premises in conformance with Applicable Laws, and only for the following purposes: technological research and development, unrestricted use of fermentation and cell culture systems at capacities up to 30,000 liters, and related administrative uses, including, for example, internal marketing, sales and in-house legal functions, and for no other purpose. Accordingly, the Premises shall be occupied only by a firm or firms whose products or services require substantial technological research. Actual research need not be performed upon the Premises so long as the Premises are occupied only by a firm or firms that do technological research in Alameda, Contra Costa, Marin, Napa, San Mateo, San Francisco, Santa Clar▇, ▇▇nta Cruz, Solano, or Sonoma counties; provided that in such cases such firm or firms shall use the Premises only solely for administrative uses that are related to such technological research uses such as finance, marketing, accounting, purchasing, corporate offices, in-house attorney offices, engineering, or similar purposes. Neither Tenant nor any other person shall use the purposes stated in Item 3 of Premises for any other purposes. Notwithstanding the Basic Lease Provisionsforegoing to the contrary, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use the Incubator Building shall be deemed to cause material used solely as a biotechnology incubator and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any for no other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premisespurposes. Tenant shall not do or permit anything to be done in the Premises, or do anything in or about the Premises which Complex, or bring or keep or permit to be brought or kept in the Premises, or bring or keep in or about the Complex anything that is prohibited by or will in any way increase the existing rate of (unless any such increase is fully paid for by Tenant), or will cause a cancellation of, any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in the Premises, or do anything in or about the Complex that will materially obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, Complex or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform place any work loads upon the floors, walls, or conduct ceiling, which endanger the structure, or place any business whatsoever fluids or materials that would cause damage in the Project drainage system of the building. No waste materials or refuse shall be dumped on the Complex or permitted to remain on the outside of the Improvements except in trash containers placed inside exterior enclosures designated by Landlord for that purpose. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Improvements or on any portion of Common Area of the Complex unless otherwise approved by Landlord in its sole discretion. No loudspeaker or other than inside device, system or apparatus which can be heard outside the PremisesPremises (except those used for life-safety or security purposes) shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not do commit or permit suffer to be done anything which will invalidate committed any waste in or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of upon the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the The provisions of this Section, section are for the benefit of Landlord only and shall indemnify Landlord from not be construed to be for the benefit of any liability and/or expense resulting from Tenant’s noncompliancetenant or occupant of the Complex.

Appears in 1 contract

Sources: Lease Agreement (Genencor International Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentscontents (unless Tenant elects to pay such increased costs), and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. Subject to the express provisions of this Lease (including, without limitation Articles VI, XI and XII hereof), Tenant shall have access to the Premises twenty-four (24) hours per day, three hundred sixty-five (365) days per year.

Appears in 1 contract

Sources: Lease (Biolase Technology Inc)

Use. Tenant shall ‌ Unless with the prior written approval of Provider (whose approval may be withheld at its sole discretion) or unless expressly permitted by the terms of a separate written agreement entered into between the Parties, Recipient agrees that the Material and Information will not be used for any purpose other than the Purpose and will be used only by Recipient at Recipient’s organization. Recipient’s Personnel: Recipient will limit provision and disclosure of Material and Information to those directors, officers, employees and consultants of Recipient who need to know or need to use the Premises Material or Information in order to assist Recipient in carrying out the Purpose. The Recipient will ensure that Recipient’s directors, officers, employees, and consultants as aforesaid shall be bound by similar obligations of confidentiality and restrictions on use as contained in this Agreement. The Material may only be used by those under the Recipient Scientist’s direct supervision in the Recipient Institution’s laboratories under suitable containment conditions, and in compliance with all applicable statutes and regulations. The material may not be used in human subjects or for clinical or diagnostic purposes. The Recipient Institution will not use the Material for administration to human subjects or human application as that term is defined in the [relevant legislation] (or equivalent as each may be replaced or amended from time to time), or for clinical or diagnostic purposes. The Recipient Institution may use the Material for the purposes of the Study and as described in [Appendix], from the date of receipt of the Material. The Recipient Institution will comply fully with all applicable environmental, health and safety laws, the [relevant legislation] and other Applicable Laws with respect to its use (including, but not limited to, disposal or return). The RECIPIENT shall use, store, and dispose of the MATERIAL and any MODIFICATIONS in accordance with good laboratory practice and shall ensure compliance with all applicable laws, rules, and regulations, including laws, rules, and regulations governing export control and safety. The Recipient Institution will not transfer the Material to any other body, or permit its use within the Recipient Institution other than by the Recipient Scientist’s research group, without (in each case) prior written consent from the Donor Institution. The Material may not be used by the Recipient Scientist in research which is subject to the provision of any rights to a commercial third party without prior written consent. The RECIPIENT and the RECIPIENT SCIENTIST agree that the MATERIAL: a) is to be used solely for teaching and academic research purposes; b) will not be used in human subjects, in clinical trials, or for diagnostic purposes involving human subjects without the written consent of the PROVIDER; c) is to be used only at the RECIPIENT organization and only in the RECIPIENT SCIENTIST’s laboratory under the direction of the RECIPIENT SCIENTIST or others working under his/her direct supervision; and d) will not be transferred to anyone else within the RECIPIENT organization without the prior written consent of the PROVIDER. This research material may not be used in human subjects. The Research Material will only be used for research purposes by Recipient’s Investigator in his/her laboratory, for the research project described below, under suitable con- tainment conditions. This Research Material will not be used for commercial purposes such as screening, production or sale, for which a commercialization license may be required. Recipient agrees to comply with all Federal rules and regulations applicable to the Research Project and the handling of the Research Material. This Research Material will be used by Recipient’s Investigator solely in connection with the following research project (“Research Project”) described with specificity as follows (use an attachment page if necessary): Recipient hereby accepts, upon the terms and conditions herein specified, the custodianship of the Biological Material to enable Recipient to use the Biological Material for the sole purpose of conducting experimental research to the exclusion of any commercial use of the Biological Material. The experimental research conducted by Recipient with the Biological Material, hereinafter the “Research”, is described in [clause]. The recipient should fully describe the intended use of the materials. The recipient should also specify whether the materials would be used for research purposes only or for commercial applications or both. The Recipient shall ensure that the Materials are: • used only for the purposes stated in Item 3 of the Basic Lease Provisions, all Investigation and not for administration to human subjects; • handled and stored in accordance with applicable laws and restrictions and any reasonable protocols provided to the Recipient pursuant to approvals [Clause]; • not made available to anyone other than personnel of the Recipient engaged in carrying out the Investigation. During the action, the beneficiary enjoys access right to the background of the other beneficiaries, solely for the purpose and to the extent necessary for undertaking and completing the action. Such access must be obtained granted on a royalty-free basis. During and after completion of the action, beneficiaries and their affiliated entities enjoy (unless prevented or restricted from doing so by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed obligations to cause material and irreparable harm others which exist at the date of accession to Landlord and shall entitle Landlord this Agreement) access rights to injunctive relief in addition the background of the other beneficiaries, only to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits extent reasonably required for the proper and lawful conduct purpose of Tenant’s permitted the research use of results. Access Rights for Implementation: During the Premises. Tenant shall not do or permit anything Action, the Beneficiaries enjoy Access Rights to be done in or about the Premises which will in any way interfere with the rights of other occupants Results of the Building or other Beneficiaries, solely for the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, purpose and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with extent necessary for undertaking and completing the provisions thereofAction. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncomplianceSuch Access Rights are granted under Royalty-Free Condition.

Appears in 1 contract

Sources: Material Transfer Agreement

Use. Tenant shall (a) Not to carry on any business or trade or profession whatsoever on the Premises or place or exhibit any notice board or notice on the Premises but to use the Premises only for as a single private residence only (b) Not to use the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do Premises or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant illegal or immoral purposes (c) Not to do or permit any nuisance or commit any waste in suffer to be done on the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever part thereof anything which may in the Project other than inside reasonable opinion of the Premises. Tenant shall not Landlord be or become a nuisance or annoyance or in anyway interfere with the quiet enjoyment of the owners or occupiers of the adjoining premises or the Landlord (d) Not to do or permit suffer to be done on the Premises or to their contents anything which will invalidate may make void or voidable any insurance of the Premises or increase the cost ordinary premium thereon and to repay to the Landlord all sums paid by way of increased premium and all expenses incurred by him in or about any renewal of any insurance policy(ies) covering such policy rendered necessary by a breach of this covenant and all such payments shall be added to the Building, the Project and/or their contents, Rent herein before reserved and shall be recoverable as Rent (e) Not to keep or allow to be kept animals pets or livestock on the Premises without the Landlord's prior written consent (such consent not to be unreasonably withheld) provided that the Landlord shall be entitled to revoke any such content at any time) (f) Not to keep or allow to be kept or use upon the Premises any heater or like equipment which requires gas paraffin or other liquid fuel or any combustible explosive offensive goods provisions or materials and to fully comply with all applicable insurance underwriters rules. Tenant shall fire precautions or fire regulations made by the Landlord or the appropriate Fire Authority (g) Strictly observe and comply at its expense with (a) all present statutory requirements and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant regulations which may be allocated at anytime apply to the Premises and/or this tenancy and (b) all directions of notices received from any Local Authority or Tenant in accordance Fire Authority and/or electricity water or gas supplier and allow access for all such repairs and works as are necessary and co-operate with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord and the Landlord's Agent (h) Not to obstruct common passageways and staircases and hallway of the building nor place nor keep anything thereon or therein (i) Not to leave the Premises vacant or unoccupied for a period in excess of 21 consecutive days without first giving written notice to the Landlord (j) Ensure that whenever (or for however short a period) the Premises is left unattended all external doors and windows are properly secured by locks and other means provided by the Landlord including activating the burglar alarm (if any) (k) Not to change any additional insurance premium charged by reason codes to the burglar alarm (if any) without first obtaining the express consent in writing of Tenant’s failure the Landlord or the Landlord's Agents (l) Not to comply with play any musical instrument or sound reproduction equipment so that annoyance is caused to the provisions occupiers of this Section, any neighbouring premises and shall indemnify Landlord from in any liability and/or expense resulting from Tenant’s noncompliance.event not make any such noise so as to be audible outside the Premises between the hours of 10.00pm and 8.00am

Appears in 1 contract

Sources: Assured Shorthold Tenancy Agreement

Use. Tenant The Premises shall use the Premises be used only for the purposes stated Permitted Uses set forth in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws Information and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any for no other available remedyuses. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted 's use of the PremisesPremises shall be in compliance with and subject to all applicable governmental laws, ordinances, statutes, orders and regulations and any CC&Rs or any supplement thereto recorded in any official or public records with respect to the Project or any portion thereof. Tenant shall comply with the rules and regulations attached hereto as Exhibit D, together with such additional rules and regulations as Landlord may from time to time prescribe. Tenant shall not do commit waste, overload the floors or permit anything to be done in or about the Premises which will in any way interfere with the rights of other occupants structure of the Building Building, subject the Premises, the Building, the Common Area or the ProjectProject to any use which would damage the same or increase the risk of loss or violate any insurance coverage, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises, take any action which would constitute a nuisance or would disturb, obstruct or endanger any other tenants, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Tenant shall have the right to use for its employees and invitees, nor shall Tenant permit any nuisance or commit any waste on an unreserved basis, the number of Parking Spaces indicated in the Premises or the ProjectBasic Lease Information. Tenant shall not perform use more than the number of spaces allocated to Tenant. Landlord shall not be responsible for non-compliance by any work other tenant or conduct occupant with, or Landlord's failure to enforce, any business whatsoever in of the Project rules or regulations or any other than inside terms or provisions of such tenant's or occupant's lease. Tenant shall promptly comply with the Premisesreasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Tenant shall not do or permit any act which shall in any way encumber the title of Landlord in and to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.Project.‌

Appears in 1 contract

Sources: Sublease Agreement

Use. 3.1 Tenant shall use the Premises only for the purposes stated use specified in Item 3 Section 1.10 of the Basic Lease ProvisionsInformation and for no other purpose without the prior written consent of Landlord. If any governmental license or permit, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use other than a certificate of occupancy, shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use 's business in the Premises or any part thereof, Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and submit the same to Landlord for inspection. Tenant shall at all times comply with the terms and conditions of the Premiseseach such license or permit. Tenant shall not do or permit anything to be done in in, on, or about the Premises Project or bring or keep anything therein which will will: (i) in any way obstruct or interfere with the rights of other occupants of the Building or any neighboring properties to the Project, or injure or unreasonably annoy the owners or occupants of such properties; (ii) use or allow the Project to be used for any unlawful purpose; (iii) use or allow the Premises to be used for schools, government offices or other uses inconsistent with comparable Class A office, headquarters and research and development buildings; (iv) cause or maintain or permit any unlawful purposenuisance, nor shall Tenant permit commit or allow the commission of any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do waste, nor use or permit anything to be done anything which will invalidate in any way conflict with any law, statute, ordinance, or governmental rule or regulation applicable to Tenant now in force or which may hereafter be enacted or promulgated; and (v) in any way increase the cost rate of any insurance policy(ies) covering the Building, upon the Project and/or their contentsor any of its contents or cause a cancellation of said insurance or otherwise affect said insurance in any adverse manner. Tenant shall, at its sole cost and shall expense, promptly comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, statutes, ordinances, restrictionsand governmental rules, regulations, orders, rules and or requirements of all governmental authorities that pertain ("Legal Requirements") applicable to Tenant or its Tenant's particular use of the PremisesPremises now in force or which may hereafter be in force, including without limitation all federal and state occupational health and safety requirementswith the requirements of any board of fire underwriters or similar body now or hereafter constituted relating to or affecting Tenant's particular use, whether alteration, or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Tenant shall also promptly comply at its expense with all present and future covenants, conditions, easements or private restrictions now or at any time hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant that certain Declaration, Covenant for Easement and Maintenance Agreement and that certain Grant of any periodic or special dues or assessments charged Trail Easement and Maintenance Agreement to be recorded against the Premises Project, provided however, that with respect to any other future private restriction which Landlord voluntarily elects (and not mandated by any governmental authority or otherwise required due to Tenant's particular use of the Premises) to record as an encumbrance against the Project, Tenant which may be allocated shall have the right to review and reasonably approve any provisions of such voluntary private restrictions to the Premises extent that the same limit any of Tenant's rights or Tenant in accordance with the provisions thereofincrease any of Tenant's obligations under this Lease. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure not be required to make structural changes to the Buildings or the Park Common Areas to comply with the provisions of this SectionLegal Requirements, and shall indemnify Landlord from unless related to or affected by: (i) alterations or improvements made by or for Tenant, including without limitation any liability and/or expense structural or other changes resulting from Tenant’s noncompliance.'s use of or acts at the Premises; or

Appears in 1 contract

Sources: Lease (Western Digital Corp)